英文法律词典 C-72

CONCILIUM REGIS. The name of a tribunal which existed in England during the times of Edward I. and Edward H., composed of the judges and sages¹ of the law. To them were referred cases of great difficulty. Co. Litt. 804.

CONCLAVE². An assembly of cardinals³ for the purpose of electing a pope; the place where the assembly is held is also called a conclave. It derives⁴ this name from the fact that all the windows and doors are looked, with the exception of a single panel, which admits a gloomy light.

CONCLUSION, practice. Making the last argument or address to the court or jury. The party on whom the onus⁵ probandi is cast, in general has the conclusion.

CONCLUSION, remedies. An estoppel; a bar; the act of a man by which he has confessed a matter or thing which he can no longer deny; as, for example, the sheriff is concluded by his return to a writ⁶, and therefore, if upon a capias he return cepi corpus, he cannot afterwards show that he did not arrest the defendant⁷, but is concluded by his return. Vide Plowd. 276, b; 3 Tho. Co. Litt. 600.

CONCLUSION TO THE COUNTRY, pleading. The tender of. an issue to be tried by a jury is called the conclusion to the country.

2. This conclusion is in the following words, when the issue is tendered by the defendant: " And of this the said C D puts himself upon the country." When it is tendered by the plaintiff, the formula is as follows: " And this the said A B prays may be inquired of by the country." It held, however, that there is no material difference between these two modes of expression, and that, if ponit se, be substituted for petit quod inquiratur, or vice⁸ versa, the mistake is unimportant. 10 Mod. 166.

3. When there is an affirmative on one side, and a negative on the other, or vice versa, the conclusion should be to the country. T. Raym. 98; Carth. 87; 2 Saund. 189; 2 Burr. 1022. So it is, though the affirmative and negative be not in express words, but only tantamount thereto. Co. Litt. 126, a; Yelv. 137; 1 Saund. 103; 1 Chit. Pl. 592; Com. Dig. Pleader, E 32.

CONCLUSIVE⁹. What puts an end to a thing. A conclusive presumption¹⁰ of law, is one which cannot be contradicted even by direct and positive proof. Take, for example, the presumption that an infant is incapable¹¹ of judging whether it is or is not against his interest; When infancy¹² is pleaded and proved, the plaintiff cannot show that the defendant was within one day of being of age when the contract was made, and perfectly¹³ competent to make a contract. 3 Bouv. Inst. n. 3061.

CONCLUSIVE EVIDENCE. That which cannot be contradicted by any other evidence,; for example, a record, unless impeached¹⁴ for fraud, is conclusive evidence between the parties. 3 Bouv. Inst. n. 3061-62.

CONCLUSUM, intern¹⁵. law. The form of an acceptance or conclusion of a treaty; as, the treaty was ratified¹⁶ purely¹⁷ and simply by a conclusum. It is the name of a decree of the Germanic diet, or of the aulic council.

CONCORD¹⁸, estates, conveyances¹⁹, practice. An agreement or supposed agreement between the parties in levying²⁰ a fine of lands, in which the deforciant (or he who keeps the other out of possession,) acknowledges that the lands in question, are the right of the complainant;. and from the acknowledgment or recognition of right thus made, the party who levies²¹ the fine is called the cognisor, and the person to whom it is levied²², the cognisee. 2 Bl. Com. 350; Cruise, Dig. tit. 35, c. 2, s. 33; Com. Dig. Fine, E 9.