COMPENSATION, crim. law; Compeusatio crimiuura, or recrimination (q. v.)
2. In cases of suits for divorce on the ground of adultery, a compensation of the crime hinders its being granted; that is, if the defendant1 proves that the party has also committed adultery, the defendant is absolved2 as to the matters charged in the libel of the plaintiff. Ought. tit. 214, Pl. 1; Clarke's Prax. tit. 115; Shelf. on Mar3. & Div. 439; 1 Hagg. Cons4. R. 148. See Condonation5; Divorce.
COMPENSATION, remedies. The damages recovered for an injury, or the violation6 of a contract.. See Damages.
COMPERUIT AD DIEM, pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail-bond. The usual replication to this plea is nul tiel record: that there is not any such record of appearance of the said. For forms of this plea, vide 5 Wentw. 470; Lil. Entr. 114; 2 Chit. Pl. 527.
2. When the issue is joined on this plea, the trial is by the record. Vide 1 Taunt7. 23; Tidd, 239. And see, generally, Com. Dig. Pleader, 2 W. 31; 7 B. & C. 478.
COMPETENCY, evidence. The legal fitness or ability of a witness to be heard on the trial of a cause. This term is also applied8 to written or other evidence which may be legally given on such trial, as, depositions9, letters, account-books, and the like.
2. Prima facie every person offered is a competent witness, and must be received, unless Lis incompetency10 (q. v.) appears. 9 State Tr. 652.
3. There is a difference between competency and credibility. A witness may be competent, and, on examination, his story may be so contradictory11 and improbable that he may not be believed; on the contrary he may be incompetent12, and yet be perfectly13 credible14 if he were examined.
4. The court are the sole judges of the competency of a witness, and may, for the purpose of deciding whether the witness is or is not competent, ascertain15 all the facts necessary to form a judgment16. Vide 8 Watts17, R. 227; and articles Credibility; Incompetency; Interest; Witness.
5. In the French law, by competency is understood the right in a court to exercise jurisdiction18 in a particular case; as, where the, law gives jurisdiction to the court when a thousand francs shall be in dispute, the court is competent if, the sum demanded is a thousand francs or upwards19, although the plaintiff may ultimately recover less.
COMPETENT WITNESS. One who is legally qualified20 to be heard to testify in a cause. In Kentucky, Michigan, and Missouri, a will must be attested21, for the purpose of passing lands, by competent witnesses; but if wbolly written by the testator, in Kentucky, it need not be so attested. See Attesting22 witness; Credible witness; Disinterested23 witness; Respectable witness; and Witness.
COMPETITORS, French law. Persons who compete or aspire24 to the same office, rank or employment. As an English word in common use, it has a much wider application. Ferriere, Dict. de Dr. h. t.
COMPILATION25. A literary production, composed of the works of others, and arranged in some methodical manner.
2. When a compilation requires in its execution taste, learning, discrimination and intellectual labor26, it 'is an object of copyright; as, for example, Bacon's Abridgment27. Curt28. on Copyr. 186.
COMPLAINANT. One who makes a complaint. A plaintiff in a suit in chancery is so called.
COMPLAINT, crim. law. The allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender29 may be punished.
2. To have a legal effect, the complaint must be supported by such evidence as shows that an offence has been committed, and renders it certain or probable that it was committed by the person named or described in the complaint.
COMPOS MENTIS. Of sound mind. See non compos mentis.
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