Prosecute with effect. 12 Mod. 380; 2 Selw. N. P. 1013, note. Proviso. Com. Dig. Condition, A2; Lit. s. 329; Ib. 203, b; 2 Co. 71, b; 1 Roll. Ab. 410, 1. 30. Public policy. 9 E. C. L. R. 452. Public sale. 4 Watts, R. 258. Public trust. 20 John. 492; 2 Cowen, 29, n. Published. 3 M. & W. 461; 9 Bing. 605; 5 B. & Adol. 518; 6 M. & W. 473; 8 D. P. C. 392. Purchasing. 6 Ves. 404. Quantity and boundary. 2 Caines's Rep. 146. Raise. 1 Atk. 421; 2 Vern. 153. Real action. 10 Pick. 473; and see 16 Mass. 448; 7 Mass. 476; 4 Pick. 169; 8 Greenl. 106, 138. Residence. 8 Wend. 45. Residue, surplus, &c. 2 Atk. 168; 11 Ves. 330; 14 Ves. 364; 15 Ves. 406; 18 Ves. 466; Dick. 477; 1 Bro. C. C. 589; 4 Bro. C. C. 207; 1 Ves. jr. 63; 1 Wash. 45. 262; 3 Call, 507; 3 Munf. 76; 2 Des. Ch. R. 573; Prec. Ch. 264; 2 Vern. 690; Boyle on Char. 399; 8 Ves. 25, 6. Respective. Respectively. 2 Atk. 121; 3 Bro. C. C. 404; 1 Meriv. 358; 2 East, 41; Cowp. 34. Rest. Alleyn, 28; 3 P. Wms. 63, n. Rest and residue. 2 Lee's Eccl. R. 270; 6 Eng. Eccl. Rep. 122; 11 East, R. 164. Reversion. If the reversion should never fall to the testator. 10 Ves. 453. Revoked. 1 Cowen, R. 335; 16 John. Realm. 1 Taunt. 270; 4 Campb. 289; R. 205. Reasonable notice. 1 Penna. R. 466. V. Recollect. 1 Dana, R. 56. Recommendation. 2 Ves. jun. 333, 529; 3 Ves. 150; 9 Ves. 546; Jacob's R. 317; 1 Sim. & Stu. 387. Record and Docket. 1 Watts, 395. Rectifier of spirits. 1 Pet. C. C. R. 180. Refuse. Renounce. 3 Rawle, 398. Refuse to execute. 10 E. C. L. R. 65; 1 Har. Dig. 442. Relations, see Legatee. 2 Ch. Rep. 146, 394; Pr. Ch. 401; Cas. Temp. Talb. 215; 1 P. Wins. 327; 2 Ves. jr. 527; Ambl. 70, 507, 595, 636; Dick. 50, 380; 1 Bro. C. C. 31; 3 Bro. C. C. 61, 234; 2 Vern. 381; 3 Ves. 231; 19 Ves. 323; 1 Taunt. 163; 3 Meriv. 689; 5 Ves. 529; 16 Ves. 206; Coop. R. 275; Com. Dig. App. Devise of personal property, viii. 30, 31, 32; 9 Ves. 323; 3 Mer. 689. Next relations as sisters, nephews and nieces. 1 Cox, 234. Poor relations. Dick. 380. Release and forever quit claim. 10 John. R. 456. Rents and profits. 2 Ves. & Bea. 67; 6 Johns. Ch. R. 73. Repairs. 1 M'Cord, 517. Reprises. Yeates, 477; 3 Penna. 477. Request. 2 Bro. C. C. 38; 3 Ves. & Bea. 198; 5 Madd. 118; 18 Ves. 41; 1 Moody, Cr. Cas. 300. Resident. 20 John. R. 211; 2 Pet. Adm. R. 450; 2 Scam. R. 377. Right. 2 Caines's R. 345. 221. 2 Ham. Right, title, and interest. 4 Pick. 179. ed. River-feeder. 13 Pick. 50. Rolling-mill. 2 Watts & Serg. 390. To sail. 3 M. & S. 461. Sail from. 3 B. & C. 501. Sans recours. Chit. Bills, 266; 1 Leigh's Satisfied. 1 M'Cord, Ch. R. 53; 2 John. 395. Satisfactory proof. 10 John. R. 167. Schools of learning. Wilm. Opin. & Judgm. 14; 2 Vern. 387; 14 Ves. 7; 1 Sim. 109; Jac. 474. Sea stores. 1 Baldw. R. 504. Security. 13 John. 481; Black f. 431. See him paid. Fell on Guar. 36, 7; 1 Ld. Sell and convey. 2 Greenl. 22. 3 Fairf. 460. See also Sell for at the pit's mouth. 7 T. R. 676 ; Seventy acres, being and lying in the south-west corner of · section. 2 Ham. 327; see 4 Monr. 63. Shall. 1 Vern. 153. D. & R. 172; 4 B. & A. 271; 1 B. & C. 35; 2 T. R. 172; 1 B. & C. 85; 4 B. & A. 271. Shall and may. 1 E. C. L. R. 46; 5 John. Ch. R. 101; Cowen, 193. Shall sell at the pit's mouth. 7 T. R. 676. Share. 3 Mer. 348. Share and share alike. 3 Dessaus. 143. Shop. 5 Day, 131; 4 Conn. 446. Should be secured. 5 Binn. 496. Signing. I, A B, do make this my will. 18 Ves. 183. Silver dollars-Goods, wares and merchandize. 2 Mason, R. 407. Six handkerchief. 1 Moody, Cr. Cas. 25. Skins. 7 John. R. 385; 7 Cowen, R. 202. Sold. 3 Wend. R. 112. Sold and conveyed. 2 Serg. & Rawle, 473. Sole. 1 Madd. R. 207; 1 Supp. to Ves. jr. 410; 4 Rawle, 66; 10 Serg. & Rawle, 209; 4 W. C. C. R. 241; Penna. R. 64, 201. The said E. R. 9 C. & P. 215; S. C. 38 E. C. L. R. 87. The said N. 2 Car. Law Repos. 75. The parties shall abide by the award of arbitrators. 6 N. H. Rep. 162. The said plaintiff. 2 Marsh. R. 101; S. C. 6 Taunt. R. 122, 406. The same rents and covenants. 1 Bro. P. C. 522; 3 Atk. 83; Cowp. 819; 2 Bro. Ch. R. 639, notc. Them. 9 Watts, R. 346. Them or any of them. 3 Serg. & Rawle, 393. Then. Then and there. 2 Atk. 310; 4 Ves. 698; 1 P. Wms. 594; 1 Brown's C. C. 190; Ld. Raym. 577; Ib. 123. Thereafter. 13 L. R. 556. Thereafterwards continuing his said as Soon as convenient. 1 Ves. jr. 366; 19 sault. 2 Mass. 50. Ves. 387. South-west corner of – · section. 2 Ham. 327. Specially. 1 Dall. 208; 1 Binn. 254. Stable. 1 Lev. R. 58. Stage. Stage coach. 8 Adol. & Ell. 386; 35 E. C. L. R. 409. Steam Boiler. Wright, R. 143. Stock in the funds. 5 Price, R. 217. Store. 10 Mass. 153. See 4 John. 424; 1 N. & M. 583; 2 N. H. Rep. 9. Straw. 4 C. & P. 245; S. C. 19 Eng. Com. Law Rep. 367; 1 Moody, C. C. 239. Stretching along the bay. 2 John. R. 357; Harg. Law Tracts, 12. Submission-consent. 9 C. & P. 722; S. C. 38 E. C. L. R. 306. Subscriber. 6 B. & Cr. 341. Such. 2 Atk. 292. Sum in controversy. 9 Serg. & Rawle, 301. Superfine flour. 9 Watts, R. 121. Surplus. 18 Ves. 466; 3 Bac. Ab. 67. Survivors. 17 Ves. 482; 5 Ves. 465. Survivor and survivors. 3 Burr. 1881; 8 B. & Cr. 231. Swine. 15 Mass. 205. Take and fill shares. 1 Fairf. 478. That is to say. 1 Serg. & Rawle, 141. The county aforesaid. 2 Bl. R. 847. The dangers of the river excepted. 1 Miss. R. 81; 2 Bailey's R. 157. The said defendant. 2 Marsh. R. 101; S. C. 6 Taunt. R. 122, 406. 22 E. C. L. R. 171, Therefore the defendant is indebted. 1T. R. 716; 2 B. & P. 48. Thereunto belonging. Things. 11 Ves. 666. Third parties. 1 N. S. 384. This demise. 2 Bl. R. 973. Thousand. 3 B. & Ad. 728. Through. 7 Pick. R. 274. Timber. 7 Johns. R. 234; 1 Madd. Ch. 140, n. Time. Till she arrives.-From her beginning to load.-On the ship's arrival.— And is there moored twenty-four hours in good safety. 3 Chit. Com. Law, 462. Within four days. 15 Serg. & Rawle, 43. Time being. Ang. Corp. 284. Title. An indefeasible title in fee simple, such as the state makes. 3 Bibb, R. 317; 4 Shepl. R. 164. To a stream. 3 Sumn. R. 170. To be by her freely possessed and enjoyed. 12 S. & R. 56; Cowp. 352. To be paid when in funds. Minor's R. 173; 7 Greenl. R. 126. To do the needful. 4 Esp. R. 66. To his knowledge and belief. 1 H. Bl. 245. To the best of his knowledge and belief. 8 T. R. 418; 1 Wils. 232. To the legatees above named. 17 S. & R. 61. To render a fair and perfect account, in writing, of all sums received. 1 Dougl. R. 382. To wait a while. 1 Penna. R. 385. Touch and stay. 1 Marsh. Ins. 188; 1 Esp. N. R. 610; Wesk. Ins. 548. Transact all business. 22 E. C. L. R. 397; 1 Taunt. R. 349; 5 B. & Ald. 204, 210, 211; 1 Yo. & Col. 394. Treasonable practices. 1 Stuart's (L. C.) R. 4. Trees, woods, coppice-wood grounds, of what kind or growth soever. 4 Taunt. 316. True value. 11 Wheat. R. 419; 1 Stuart's (L. C.) R. 419. Truly, 2 Brock. R. 484, 5. 347. Warehouse. Cro. Car. 554; Gilb. Ej. 560. Well and truly execute the duties of his office. 1 Pet. R. 69. Well and truly to ad 8 D. & R. minister. 9 Mass. 114, 119, 370; 13 John. 441; 1 Bay, 328. Unavoidable accident. 1 Brock. R. 187. Unmarried. 2 Supp. to Ves. jr. 43; 2 Barn. & Ald. 452. Without being married. 7 Ves. 458. Until. Cowp. 571; 5 East, 250. Until she hath moored at anchor twenty-four hours in good safety. Park, Ins. 35; 1 Marsh. Ins. 262; 2 Str. 1248; 1 Esp. Rep. 412. Unto and amongst. 9 Ves. 445. Usual clauses. 2 Chit. Com. Law, 227; 1 Mer. R. 459. Usual covenants. Platt on Cov. 430. Usual terms. 8 Mod. 308; Barnes, 330; 3 Chit. Pr. 705. Usurped power. 2 Marsh. Ins. 700; 2 Wils. 363. Well and truly to administer according to law. 1 Litt R. 93, 100. What I may die possessed of. 8 Ves. 604; 3 Call, 225. What remains. 11 Ves. 330. Wheat. An unthrashed parcel of wheat. 1 Leach, 484; 2 East, P. C. 1018; 2 T. R. 255. When. 6 Ves. 239; 11 Ves. 489; 3 Bro. C. C. 471. When able. 3 Esp. 159; 3 E. C. L. R. 264, note; 4 Esp. 36. When received. 13 Ves. 325. When the same shall be recovered. Ib. When or if. 1 Hare, R. 10. Whereupon. 6 T. R. 573. Wholesale factory prices. 2 Conn. R. 69. Will. He will charge. 2 B. & B. 223. With. 2 Vern. 466; Prec. Ch. 200; 1 Atk. 469; 2 Sch. & Lef. 189; 3 Mer. 437; 2 B. & Ald. 710 ; 2 B. & P. 443. With all faults. 5 B. & A. 240; 7 E. C. L. R. 82; 3 E. C. L. R. 475. With surety. 6 Binn. 53; 12 Serg. & Rawle, 312. With the prothonotary. 5 Binn. 461. With sureties. 2 Bos. & Pull. 443. Within four days 15 Serg. & Rawle, 43. Within days after. 3 Serg. & Rawle, 395. Usury. Vide 2 Pick. (2d ed.) 152, n. 1; Value received. 3 M. & S. 351; 5 M. & S. 65; 5 B. & C. 360; S. C. 11 Engl. C. L. 252; 3 Kent, Com. 50; Maxw. L. Dict. h. t.; 1 Hall, 201; 1 Blackf. R. 41. True value, 11 Wheat. 419. Vegetable production. 1 Mo. & Mal. 341. Village or town. Co. Litt. 5; Plowd. 168; Touchst. 92. Voluntary assignment. 3 Sumn. R. 345. Wantonness. 1 Wheel. Cr. Cas. 365; 4 W. C. C. R. 534; 1 Hill, 46, 363. Without fraud deceit or oppression. 6 Wend. 454. Without prejudice. 2 Chit. Pr. 24, note Without recourse. 1 Cowen, 538; 3 ed. Working days. 1 Bell's Com. 577, 5th Worldly labour. 4 Bing. 84; S. C. 13 E. C. L. R. 351. Worth and value. 3 B. & C. 516. Writing. 14 John. 484; 8 Ves. 504; 2 M. & S. 286; 17 Ves. 459. Writing in pencil. 1 Eng. Eccl. Rep. 406. Yard lane. Touchs. 93; Co. Litt. 5. CONSUL, government, commerce. Consuls are commercial agents ap You. 2 Dowl. R. 145; S. C. 6 Leg. pointed by a government to reside in Obs. 138. CONSTRUCTIVE. That which is interpreted. Constructive presence, in the commission of crimes, is when a party is not actually present, an eye-witness to its commission, but acting with others, is watching while another commits the crime. 1 Russ. Cr. 22.-Constructive larceny, is one where the taking was not apparently felonious, but by construction of the prisoner's acts it is just to presume he intended at the time of taking to appropriate the property feloniously to his own use. 2 East, P. C. 685; 1 Leach, 212. Constructive breaking into a house. In order to commit burglary, there must be a breaking of the house; this may be actual or constructive. A con structive breaking is when the burglar gains an entry into the house by fraud, conspiracy, or threat. See Burglary. A familiar instance of constructive breaking is the case of a burglar who coming to the house under pretence of business, gains admittance, and after being admitted, commits such acts, as, if there had been an actual breaking, would have amounted to a burglary. Bac. Ab. Burglary, A. See 1 Moody, Cr. Cas. 87, 250. Constructive notice, is such a notice, that although it be not actual, is sufficient in law; an example of this is the recording of a deed, which is notice to all the world, and so is the pendency a general notice of an equity. See Lis Pendens. Constructive annexation, is the annexation to the inheritance by the law, of certain things which are not actually attached to it, for example, the keys of a house, and heir looms are constructively annexed. Shep. Touch. 90; Poth. Traité des choses, § 1. the sea ports of a foreign country, and commissioned to watch over the commercial rights and privileges of the nation deputing them. A viceconsul is one acting in the place of a consul. Consuls have been greatly multiplied. Their duties and privileges are now generally limited, defined and secured by commercial treaties, or by the laws of the countries they represent. As a general rule, it may be laid down that they represent the subjects or citizens of their own nation, not otherwise represented. Bee, R. 209; 3 Wheat. R. 435; 6 Wheat. R. 152; 10 Wheat. 66; 1 Mason's R. 14. This subject will be considered by taking a view, first, of the appointment, duties, powers, rights and liabilities of American consuls; and secondly, of the recognition, duties, rights, and liabilities of foreign consuls. 1. Of American consuls. First, The president is authorised by the constitution of the United States, art. 2, s. 2, cl. 2, to nominate, and, by and with the advice and consent of the senate, appoint consuls. Secondly, Each consul and vice consul is required, before he enters on the execution of his office, to give bond, with such sureties as shall be approved by the secretary of state, in a sum not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office, and also for truly accounting for all moneys, goods and effects which may come into his possession by virtue of the act of 14 April, 1792, which bond is to be lodged in the office of the secretary of state. Act of April 14, 1792, sect. 6. Thirdly, They have the power and are required to perform many duties in relation to the commerce of the United States and towards masters of ships, mariners, and other citizens of the United States; among these are the authority to receive protests or declarations which captains, masters, crews, passengers, merchants and others make relating to American commerce; they are required to administer on the estate of American citizens, dying within their consulate, and leaving no legal representatives, when the laws of the country permit it; to take charge and secure the effects of stranded American vessels in the absence of the master, owner or consignee; to settle disputes between masters of vessels and the mariners; to provide for destitute seamen within their consulate, and send them to the United States, at the public expense. See Act of 14 April, 1792; Act of 28 February, 1803, ch. 62; Act of 20 July, 1840, ch. 23. The consuls are also authorised to make certificates of certain facts, in certain cases, which receive faith and credit in the courts of the United States. But those consular certificates are not to be received in evidence unless they are given in the performance of a consular function. 2 Cranch, R. 187; Paine, R. 594; 2 Wash. C. C. R. 478; 1 Litt. R. 71; nor are they evidence, between persons not parties or privies to the transaction, of any fact, unless, either expressly or impliedly, made so by statute. 2 Sumn. R. 355. Fourthly, Their rights are to be protected agreeably to the laws of nations, and of the treaties made between the nation to which they are sent, and the United States. They are entitled by the act of 14th April, 1792, s. 4, to receive certain fees, which are there enumerated. And the consuls in certain places as London, Paris, and the Barbary states, receive besides, a salary. Fifthly, A consul is liable for negligence or omission to perform, seasonably, the duties imposed upon him, or for any malversation or abuse of power, to any injured person for all damages occasioned thereby ; and for all malversation and corrupt conduct in office a consul is liable to indictment, and, on conviction by any court of competent jurisdiction, shall be fined not less than one nor more than ten thousand dollars; and be imprisoned not less than one nor more than five years. Act of July 20, 1840, ch. 23, cl. 18. The act of February 28, 1803, ss. 7 and 8, imposes heavy penalties for falsely and knowingly certifying that property belonging to foreigners is the property of citizens of the United States; or for granting a passport, or other paper, certifying that any alien, knowing him or her to be such, is a citizen of the United States. The duties of consuls residing on the Barbary coast are prescribed by a particular statute. Act of May 1, 1810, s. 4. 2. Of foreign consuls. First. Before a consul can perform any duties in the United States, he must be recognized by the president of the United States, and have received his exequatur, (q. v.) Secondly. A consul is clothed only with authority for commercial purposes, and he has a right to interpose claims for the restitution of property belonging to the citizens or subjects of the country he represents; 10 Wheat. R. 66; 1 Mason, R. 14; Bee, R. 209; 6 Wheat. R. 152; but he is not to be considered as a minister or diplomatic agent, entrusted by virtue of his office to represent his sovereign in negotiations with foreign states. Wheat. R. 435. Thirdly. Consuls are generally invested with special privileges by local laws, and usages, or by international compacts, but by the laws of nations they are not entitled to the peculiar immunities of ambassadors. In civil and criminal cases, they are subject to the local laws in the same manner with other 3 |