KFLCC Kingdom Law 2nd Ed.

268

CONVICTION

CONVEYANCE

CONVICT, v. To condemn after judicial investigation; to find a man guilty of a crim inal charge. The word was formerly used also in the sense of finding against the de fendant in a civil case. CONVICT, n. One who has been con demned by a court One who has been ad judged guilty of a crime or misdemeanor. Usually spoken of condemned felons or the prisoners in penitentiaries. Molineux v. Col lins, 177 N. Y. 395, 69 N. E. 727, 65 L. R. A. 104; Morrissey v. Publishing Co., 19 R. L 124, 32 Atl. 19; In re Aliano (C. C.) 43 Fed. 517; Jones v. State, 32 Tex. Cr. R. 135, 22 S. W. 404. Formerly a man was said to be convict when he had been found guilty of treason or felony, but before judgment had been passed on him, after which he was said to be at taint, (g. v.) Co. Litt 390&. CONVICTED. This term has a definite signification in law, and means that a judg ment of final condemnation has been pro nounced against the accused. Gallagher T. State, 10 Tex. App. 469. CONVICTION. In practice. In a gener al sense, the result of a criminal trial which ends in a judgment or sentence that the pris oner is guilty as charged. Finding a person guilty by verdict of a jury. 1 Bish. Crim. Law, § 223. A record of the summary proceedings upon any penal statute before one or more justices of the peace or other persons duly authorized, In a case where the offender has been con victed and sentenced. Holthouse. In ordinary phrase, the meaning of the word "conviction" is the finding by the jury of a verdict that the accused is guilty. But in legal parlance, it often denotes the final Judgment of the court. Blaufus v. People, 69 N. Y. 109, 25 Am. Rep. 148. The ordinary legal meaning of "conviction," when used to designate a particular stage of a criminal prosecution triable by a jury, is the confession of the accused in open court, or the verdict returned against him by the jury, which ascertains and publishes the fact of his guilt; while "judgment" or "sentence" is the appro priate word to denote the action of the court before which the trial is had, declaring the con sequences to the convict of the fact thus as certained. A pardon granted after verdict of guilty, but before sentence, and pending a hear ing upon exceptions taken by the accused during the trial, is granted after conviction ? within the meaning of a constitutional restriction upon granting pardon before conviction. When, in deed, the word "conviction" is used to describe the effect of the guilt of the accused as judi cially proved in one case, when pleaded or given in evidence in another, it is sometimes used in a more comprehensive sense, including the judg ment of the court upon the verdict or confession of guilt; as, for instance, in speaking of the plea of autrefois convict, or of the effect of guilt judicially ascertained, as a disqualifica tion of the convict. Com. v. Lockwood, 109 Mass. 323, 12 Am. Rep. 699. —Former conviction. A previous trial and conviction of the same offense as that now charged; pleadable in bar of the prosecution.

right or property in a thing is transferred, free of any condition or qualification, by which it might be defeated or changed; as an ordinary deed of lands, in contradistinction to a mort gage, which is a conditional conveyance. Bur rill ; Falconer v. Buffalo, etc., B. Co., 69 N. Y. 491.—Mesne conveyance. An intermediate conveyance; one occupying an intermediate po sition in a chain of title between, the first gran tee and the present holder.—Primary convey ances. Those by means whereof the benefit or estate is created or first arises; as distinguish ed from those whereby it may be enlarged, re strained, transferred, or extinguished. The term includes feoffment, gift, grant, lease, ex change, and partition, and is opposed to deriva tive conveyances, such as release, surrender, confirmation, etc 2 Bl. Comm. 309.—Secon dary conveyances. The name given to that class of conveyances which presuppose some oth er conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or trans fer the interest granted by such original con veyance. 2 Bl. Comm. 324. Otherwise term ed "derivative conveyances," (q. v.) —Volun tary conveyance. A conveyance without valuable consideration; such as a deed or settle ment in favor of a wife or children. See Gentry v. Field, 143 Mo. 399, 45 S. W. 286; Trumbull v. Hewitt, 62 Conn 451, 26 Atl. 350; Martin v. White, 115 Ga. 866, 42 S. E. 279. As to fraudulent conveyances, see FRAUD ULENT. CONVEYANCER. One whose business it Is to draw deeds, bonds, mortgages, wills, writs, or other legal papers, or to examine ti tles to real estate. 14 St at Large, 118. He who draws conveyances; especially a barrister . who confines himself to drawing conveyances, and other chamber practice. Mozley & Whitley. A term Including both the science and act of transferring titles to real estate from one man to another. Conveyancing is that part of the lawyer's business which relates to the alienation and transmission of property and other rights from one person to another, and to the framing of legal documents intended to create, define, trans fer, or extinguish rights. It therefore includes the investigation of the title to land, and the preparation of agreements, wills, articles of as sociation, private statutes operating as con veyances, and many other instruments in addi tion to conveyances properly so called. Sweet; livermore v. Bagley, 3 Mass. 505. CONVEYANCING COUNSEL TO THE COURT OF CHANCERY. Certain coun sel, not less than six in number, appointed by the lord chancellor, for the purpose of as sisting the court of chancery, or any judge thereof, with their opinion in matters of title and conveyancing. Mozley & Whitley. Convicia si irascaris tna divnlgas; spreta exolescunt. 3 Inst. 198. If you be moved to anger by insults, you publish them; If despised, they are forgotten. The name of a species of slander or injury uttered to public, and which charged some one with some act contra oonoa mores. CONVEYANCING. CONVICIUM. In the civil law.