英文法律词典 C-92

CONSILIUM, or dies consilii, practice. A time allowed for the accused to make his defence, and now more commonly used for a day appointed to argue a demurrer. In civil cases, it is a special day appointed for the purpose of hearing an argument. Jer. Eq. Jur. 296; 4 Bouv. Inst. n. 3753.

CONSIMILI CASU. These words occur in the Stat. West. 21 C. 24, 13 Ed. 1. wbich gave authority to the clerks in chancery to form new writs¹ in consimili casu simili remedio indigente sicut prius fit breve. In execution of the powers granted by this statute², many new writs were formed by the clerk's in chancery, especially in real actions, as writs of quod permittat prosternere, against the alienee³ of land after the erection of a nuisance thereon, according to the analogy of the assize of nuisance, writs of juris utrum, c. &c. In respect to personal actions, it has, long been the practice to issue writs in consimili casu, in the most general form, e. g. in trespass⁴ on the case upon promises, leaving it to the plaintiff to state fully⁵, and at large, his case inthe declaration the sufficiency of which in point of law is always a question for the court to consider upon the pleadings and evidence. See Willes, Rep. 580; 2 Lord Ray. 957; 2 Durnf. & East, 51; 2 Wils. 146 17 Serg. & R.. 195; 3 Bl. Com. 51 7 Co. 4; F. N. B. 206; 3 Bouv. Inst. n. 3482.

CONSISTENT. That which agrees with something else; as a consistent condition, which is one which agrees with all other parts of a contract, or which can be reconciled with every other part. 1 Bouv. Just. n. 752,

CONSISTORY, ecclesiastical law. An assembly of cardinals⁷ convoked⁸ by the pope. The consistory is public or secret. It is vublic, when the pope receives princes or gives audience to ambassadors; secret, when he fills vacant sees, proceeds to the canonization of saints, or judges and settles certain contestations submitted to him.

2. A court which was formerly⁹ held among protestants, in which the bishop¹⁰ presided, assisted by some of his clergy¹¹, also bears this name. It is now held in England, by the bishop's chancellor¹² or commissary, and some other ecclesiastical officers, either in the cathedral, church, or other place in his diocese, for the determination of ecclesiastical cases arising in that diocese. Merl. Rep. h. t.; Burns' Dict. h. t.

CONSOLATO DEL MARE¹³, (IL). The name of a code of sea laws compiled by order of the ancient kings of Aragon. Its date is not very certain, but it was adopted on the continent of Europe, as the code of maritime¹⁴ law, in the course of the eleventh, twelfth, and thirteenth centuries. It comprised the ancient ordinances¹⁵ of the Greek and Roman emperors, and of the kings of France and Spain; and the laws of the Mediterranean¹⁶ islands, and of Venice and Genoa. It was originally written in the dialect of Catalonia, as its title plainly indicates, and it has been translated into every language of Europe. This code has been reprinted in the second volume of the " Collection de Lois Maritimes Anterieures au XVIII. Siecle, par⁶ J. M. Pardessus, (Paris, 1831)." A collection of sea laws, which is very complete.

CONSOLIDATION¹⁷, civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice¹⁸ versa. In either case the usufruct is extinct. In the common law this is called a merger¹⁹. Ley. El. Dr. Rom. 424. U. S. Dig. tit. Actions, V.

2. Consolidation may take place in two ways: first, by the usufructuary surrendering his right to the proprietor²⁰, which in the common law is called a surrender; secondly²¹, by the release of the. proprietor of his rights to the usufructuary, which in our law is called a release.