CONDUCT, law of nations. This term is used in the phrase safe conduct, to signify the security given, by authority of the government, under the great seal, to a stranger, for his quietly coming into and passing out of the territories over which it has jurisdiction1. A safe conduct differs from a passport; the former is given to enemies, the latter to friends or citizens.
CONDUCT MONEY. The money advanced to a witness who has been subpoenaed2 to enable him to attend a trial, i's so called. CONDUCTOR OPERARUM, civil law. One who undertakes, for a reward, to perform a job or piece of work for another. See Locator Operis.
CONFEDERACY, intern3. law. An agreement between two or more states or nations, by which they unite for their mutual4 protection and good. This term is applied5 to such agreement between two independent nations, but it is used to signify the union of different states of the same nation, as the confederacy of the states.
2. The original thirteen states, in 1781, adopted for their federal government the " Articles of confederation and perpetual union between the States," which continued in force until the present constitution of the United States went into full operation, on the 30th day of April, 1789, when president Washington was sworn into office. Vide 1 Story on the Const. B. 2, c. 3 and 4.
CONFEDERACY, crim. law. An agreement between two or more persons to do an unlawful act, or an act, which though not unlawful in itself, becomes so by the confederacy. The technical term usually employed to signify this offence, is conspiracy6. (q. v.)
CONFEDERACY, equity7 pleading. The fourth part of a bill in chancery usually charges a confederacy; this is either general or special.
2. The first is by alleging8 a general charge of confederacy between the defendants9 and other persons to injure or defraud10 the plaintiff. The common form of the charge is, that the defendants, combining and confederating together, to and with divers11 other persons as yet to the plaintiff unknown, but whose names, when discovered, he prays may be inserted in the bill, and they be made parties thereto, with proper and apt words to charge them with the premises12, in order to injure and oppress the plaintiff in ti e premises, do absolutely refuse, &c. Mitf. Eq. Pl. by Jeremy, 40; Coop. Eq. Pl. 9 Story, Eq. Pl. 29; 1 Mont. Eq. Pl. 77; Barton, Suit in Eq. 33; Van Heyth. Eq. Drafts, 4.
3. When it is intended to rely on a confederacy or combination as a ground of equitable13 jurisdiction, the confederacy must be specially14 charged to justify15 an assumption of jurisdiction. Mitf. Eq. Pl. by Jeremy, 41; Story, Eq. Pl. 30.
4. A general allegation of confederacy is now considered as mere16 form. Story, Eq. Pl. 29; 4 Bouv. Inst. n. 4169.
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