英文法律词典 C-91

CONSIDERATUM EST per curiam. It is considered by the court. This formula is used in giving judgments¹. A judgment² is the decision or sentence of the law, given by a court of justice, as the result of proceedings³ instituted therein, for the redress⁴ of an injury. The language of the judgment is not, therefore, that " it is decreed," or " resolved," by the court; but that " it is considered by the court," consideratum est per curiam, that the plaintiff recover his debt, &c. 3 Bouv. Inst. n. 3298.

CONSIGNATION, contracts. In the civil law, it is a deposit which a debtor⁶ makes of the thing that he owes, into the hands of a third person, and under the authority of a court of justice. Poth. Oblig. P. 3, c. 1, art. 8.

2. Generally the consignation is made with a public officer it is very similar to our practice of paying money into court.

3. The term to consign⁵, or consignation, is derived⁷ from the Latin consignare, which signifies to seal, for it was formerly⁸ the practice to seal up the money thus received in a bag or box. Aso & Man. Inst. B. 2, t. 11, c. 1, 5. See Burge on Sur. 138.

CONSIGNEE⁹, contracts. One to whom a consignment¹⁰ is made.

2. When the goods consigned¹¹ to him are his own, and they have been ordered to be sent, they are at his risk the moment the consignment is made according to his direction; and the persons employed in the transmission of the goods are his agents. 1 Liverm. on Ag, 9. When the goods are not his own, if he accept the consignment, he is bound to pursue the instructions of the consignor¹²; as if the goods be consigned upon condition that the consignee will accept the consignor's bills, he is bound to accept them; Id. 139; or if he is directed to insure, he must do so. Id. 325.

3. It is usual in bills of lading to state that the goods are to be delivered to the consignee or his assigns, he or they paying freight; in such case the consignee or his assigns, by accepting the goods, by implication, become bound to pay the freight, Abbott on Sh. p. 3, c. 7, 4; 3 Bing. R, 383.

4. When a person acts, publicly as a consignee, there is an implied engagement on his part that he will be vigilant¹³ in receiving goods consigned to his care, so as to make him responsible for any loss which the owner may sustain in consequence of his neglect. 9 Watts¹⁴ & Serg. 62.

CONSIGINMENT. The goods or property sent by a common carrier from one or more persons called the consignors, from one place, to one or more persons, called the consignees, who are in another. By this term ig also understood the goods sent by one person to another, to be sold or disposed of by the latter for and on account of the former.

CONSIGNOR, contracts. One who makes a consignment to another.

2. When goods are consigned to be sold on commission, and the property remains¹⁵ in the consignor; or when goods have been consigned upon a credit, and the consignee has become a bankrupt or failed, the consignor has a right to stop them in transitu. (q. v.) Abbot on Sh. p. 3, c.

3. The consignor is generally liable for the freight or the hire for the carriage of goods. 1 T. R. 6 5 9.