英文法律词典 C-93

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.