CONSOLIDATION1 RULE, practice, com. law. When a number of actions are brought on the same policy, it is the constant practice, for the purpose of saving costs, to consolidate2 them. by a rule of court or judge's order, which restrains the plaintiff from proceeding3 to trial in more than one, and binds4 the defendants6 in all the others to abide7 the event of that one; but this is done upon condition that the defendant5 shall not file any bill inequity, or bring any writ8 of error for delay. 2 Marsh9. Ins. 701. For the history of this rule, vide Parke on Ins. xlix.; Marsh. Ins. B. 1, c. 1 6, s. 4. And see 1 John. Cas. 29; 19 Wend. 23; 13 Wend. 644 5 Cowen, 282,; 4 Cowen, 78; Id. 85; 1 John. 29; 9 John. 262.
2. The term consolidation seems to be rather misapplied in those cases, for in point of fact there is a mere11 stay of proceedings12 in all those cases but one. 3 Chit. Pr. 644. The rule is now extended to other cases: when several actions are brought on the same bond against several obligors, an order for a stay of proceedings in all but one will be made. 3 Chit. Pr. 645 3 Carr. & P. 58. See 4 Yeates, R. 128 3 S. & R. 262; Coleman, 62; 3 Rand. 481; 1 N. & M. 417, n.; 1 Cow n 89; 3 Wend. 441; 9 Wend. 451; M. 438, 440, n.; 5 Cowen, 282; 4 Halst. 335; 1 Dall. 145; 1 Browne, Appx. lxvii.; 1 Ala. R. 77; 4 Hill, R. 46; 19 Wend. 23 5 Yerg. 297; 7 Miss. 477; 2 Tayl. 200.,
3. The plaintiff may elect to join in the same suit several causes of action, in many cases, consistently with the rules of pleading, but having done so, his election is determined13. He cannot ask the court to consolidate them; 3 Serg. & R. 266; but the court will sometimes, at the instance of the defendant, order it against the plaintiff. 1 Dall. Rep. 147, 355; 1 Yeates, 5; 4 Yeates, 128; 2 Arch. Pr. 180; 3 Serg. & R. 264.
CONSOLS, Eng. law. This is an abbreviation for consolidated14 annuities15. Formerly16 when a loan was made, authorized17 by government, a particular part of the revenue was appropriated for the payment of the interest and of the principal. This was called the fund, and every loan had its fund. In this manner the Aggregate18 fund originated in 1715; the South Sea fund, in 1717; the General fund, 1617 and the Sinking fund, into which the surplus of these three funds flowed, which, although destined19 for the diminution20 of the national debt, was applied10 to the necessities of the government. These four funds were consolidated into one in the year 1787, under the name of consolidated fund.
2. The income arises from the receipts on account of excise21, customs, stamps, and other, perpetual taxes. The charges on it are the interest on and the redemption of the public debt; the civil list; the salaries of the judges and officers of state, and the like.
3. The annual grants on account of the army and navy, and every part of the revenue which is considered temporary, are excluded from this fund. 4. Those persons who lent the money to the government, or their assigns, are entitled to an annuity22 of three per cent on the amount lent, which, however, is not to be returned, except at the option of the government so that the holders23 of consols are simply annuitants.