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lawful, as when the party found the goods, and the detention only is illegal, it is absolutely necessary to make a demand of the goods, and there must be a refusal to deliver them before the conversion will be complete. 1 Ch. Pr. 606; 2 Saund. 47 e, note; 1 Ch. PI. 179; Bac. Ab. Trover, B; 1 Com. Dig. 439; 3 Com. Dig. 142; 1 Vin. Ab. 236; Yelv. 174, n.; 2 East, R. 405; 6 East, R. 540; 4 Taunt. 799; 5 Barn. & Cr. 149; S. C. 11 Eng. C. L. Rep. 185; 3 Bl. Com. 152. The tortious taking of property is, of itself, a conversion, 15 John. R. 431; and any intermeddling with it, or any exercise of dominion over it, subversive of the dominion of the owner, or the nature of the bailment, if it be bailed, is evidence of a conversion. 1 Nott & McCord, R. 592; 2 Mass. R. 398; 1 Har. & John. 519; 7 John. R. 254; 10 John. R. 172; 14 John. R. 128; Cro. Eliz. 219; 2 John. Cas. 411. Vide Troeer.
CONVEYANCE, contracts, is the transfer of the title to land by one or more persons to another or others. By the term persons is here understood not only natural persons but corporations. The instrument which conveys the property is also called a conveyance. For the several kinds of conveyances see Deed. Vide generally, Roberts on Fraud. Conv. passim; 16 Vin. Ab. 138; Com. Dig. Chancery, 2 T 1; 3 M 2; 4 8 2; lb. Discontinuance, C 3, 4, 5; lb. Garranty, D; lb. Pleader, C 37; lb. Poiar, C 5. When there is no express agreement to the contrary, the expense of the conveyance falls upon the purchaser, 2 Ves. Jr. 155, note, who must prepare and tender the conveyance; the expense of the execution of the conveyance is, on the contrary, always borne by the vendor. Sugd. Vend. 296. Vide 5 Mass. R. 472; 3 Mass. 487; Voluntary Conveyance.
CONVEYANCER. One who makes it his business to draw deeds of conveyance of lands for others. It is usual also for conveyancers to act as brokers for the buyer and seller. In these cases the conveyancer should examine with scrupulous exactness into the title of the lands which are conveyed by his agency, and, if this be good, to be very cautious that the estate be not encumbered. In cases of doubt he should invariably propose to his employer to take the advice of counsel.
Conveyancers also act as brokers for the loan of money on real estate secured by mortgage. The same care should be observed in these cases.
CONVICT. One who has been condemned by a competent court. This term is more commonly applied to one who has been convicted of a crime or misdemeanor. There are various local acts which punish the importation of convicts.
CONVICTION, practice. A condemnation. In its most extensive sense this word signifies the giving judgment against a defendant, whether criminal or civil. In a more limited sense, it means the judgment given against a criminal. And in its most restricted sense it is a record of the summary proceedings upon any penal statute before one or more justices of the peace, or other persons duly authorised, in a case where the offender has been convicted and sentenced: this last is usually termed a summary conviction. As summary convictions have been introduced in derogation of the common law, and operate to the exclusion of trial by jury, the courts have required that the strict letter of the statute should be observed, and that the magistrates should have been guided by rules, similar to those adopted by the common law, in criminal prosecution, and founded in natural justice; unless when the statute dispenses with the form of stating them. The general rules in relation to convictions are, first, it must be under the hand and seal of the magistrate before whom it is taken; secondly, it must be in the present tense, but this, perhaps, ought to extend only to the judgment; thirdly, it must be certain; fourthly, although it is well to lay the offence to be contra pacem, this is not indispensable; fifthly, a conviction cannot be good in part and bad in part. A conviction usually consists of six parts; first, the information; which should contain, 1, the day when it was taken; 2, the place where it was taken; 3, the name of the informer; 4, the name and style of the justice or justices to whom it was given; 5, the name of the offender; 6, the time of committing the offence; 7, the place where the offence was committed; 8, an exact description of the offence. Secondly, the summons. Thirdly, the appearance or non-appearance of the defendant. Fourthly, his defence or confessions. Fifthly, the evidence. Sixthly, the judgment or adjudication, which should state, 1, that the defendant is convicted; 2, the forfeiture or psnalty. Vide Bosc. on Conviction; Espinasse on Penal Actions; 4 Dall. 266; 3 Yeates, 475; 1 Yeates,471. As to the effect of a conviction as evidence in a civil case, see 1 Phil. Ev. 259.
CONVOCATION, Eccles. laic. This word literally signifies called together. The assembly of the representatives of the clergy. As to the powers of convocations, see Shelf, on M. & D. 23. See Court of Convocation.
CONVOY, mar. law, is a naval force under the command of an officer appointed by government, for the protection of merchant ships and others, during the whole voyage, or such part of it as is known to re
i quire such protection. Marsh. Ins. B. 1, c. 9, s. 5; Park. Ins. 388.
Warranties are sometimes inserted in policies of insurance that the ship shall sail with convoy. To comply with this warranty five things are essential; first, the ship must sail with the regular convoy appointed by the government; secondly, she must sail from the place of rendezvous appointed by government; thirdly, the convoy must be for the voyage; fourthly, the ship insured must have sailing instructions; fifthly, she must depart and continue with the convoy till the end of the voyage, unless separated by necessity. Marsh. Ins. B. 1, c. 9, s. 5.
CO-OBLIGOR, contracts, is one who is bound together with one or more others to fulfil an obligation. He may be jointly or severally bound.
When obligors are jointly and not severally bound to pay a joint debt, they must be sued jointly during their joint lives, and after the death of some of them, the survivors alone can be sued; each is bound to pay the whole debt; having recourse to the others for contribution. When co. obligors are severally bound, each may be sued separately ; and in case of the death of any one of them his executors or administrators may be sued. On payment of the obligation by any one of them, when it was for a joint debt, the payer is entitled to contribution from the other co-obligors.
COOL BLOOD. A phrase sometimes used to signify tranquillity, or calmness; that is, the condition of one who has the use of his reason. In cases of homicide, it frequently becomes necessary to ascertain whether the act of the person killing was done in cool blood or not, in order to ascertain the degree of his guilt. Bac. Ab. Murder, B; Kiel. 56 ; Sid. 177; Lev. 180. Vide Intention; Manslaughter; Murder; Will.
COPARCENERS, estates, are persons on whom lands of inheritance descend from their ancestor. According to the English law, there must be no males; that is not the rule in this country. Vide Estates in coparcenary, and 4 Kent, Com. 262. .'.
COPULATIVE TERM,-" is one which is placed between two or more others to join them together: the word and is frequently used for this purpose. For example, a man promises to pay another a certain sum of money and to give his note for another sum: in this case he must perform both. But the copulative may sometimes be construed into a disjunctive (q. v.) as when things are copulated which cannot possibly be so; for example, "I wish to die testate and intestate." For examples of construction of disjunctive terms, see the cases cited at the word Disjunctive, and Ayl. Pand. 55; 5 Com. Dig. 338; Bac. Ab. Conditions, P5; Owen, 52; Leon. 74; Golds. 71; Roll. Ab. 444; Cro. Jac. 594.
COPY. A copy is a true transcript of an original writing. Copies cannot be given in evidence, unless proof is made that the originals from which they are taken, are lost or in the power of the opposite party; and in the latter case that notice has been given him to produce the original. See 12 Vin. Abr. 97; Phil. Ev. Index, h. t.; Poth. Obi. Pt. 4, c. 1, art. 3. To prove a copy of a . record, the witness must be able to swear that he has examined it, line for line, with the original, or has examined the copy while another person read the original, 1 Campb. R. 469; it is not requisite that the persons examining should exchange papers, and read them alternately. 2 Taunt. R. 470. Vide, generally, 1 Stark. R. 183; 2 E. C. L. Rep. 183; 4 Campb. 372; 2 Burr. 1179; B. N. P. 129; 1 Carr. & P. 578; 1 M. &
M. 109. An examined copy of the books of unincorporated banks are not, per se, evidence. 12 S. & R. 256.- See 13 S. & R. 135, 334; 2 N. & McC. 299.
COPYRIGHT. The property which has been secured to the author of a book, map, chart, or musical composition, print, cut or engraving, for a limited time, by the constitution and laws of the United States. Lord Mansfield defines copy, or as it is now termed copyright, as follows: "I use the word copy in the technical sense in which that name or term has been used for ages, to signify an incorporeal right to the sole printing and publishing of somewhat intellectual communicated by letters." 4 Burr. 2396; Merl. Repert. mot Contrefacon.
[ 2 ] This subject will be considered by taking a view of, 1, the legislation of the United States; 2, of the persons entitled to a copy-right; 3, for what it is granted; 4, nature of the right; 5, its duration; 6, proceedings to obtain such right; 7, requisites after the grant; 8, remedies; 9, former grants.
[ 3 ] § 1. The legislation of the United States. The constitution of the United States, art. 1, s. 8, gives power to congress "to promote the progress of science and the useful arts by securing, for limited times, to authors and inventors the exclusive right to their respective writings and. discoveries."
In pursuance of this constitutional authority congress passed the act of May 31, 1790, 1 Story's L. U. S. M, and the act of April 29, 1802, 2 Story's L. U. S. 866, but now repealed by the act of February 3, 1831,4 Sharsw. cont. of Story, 2221, saving always such rights as may have been obtained in conformity to their provision. By this last-mentioned act, entitled " An act to amend the several acts respecting copyrights," the subject is now regulated.
 §2. of the persons entitled to a copy-right. Any person or persons, being a citizen, or citizens of the United States, or resident therein, who is the author or authors of any book or books, map, chart or musical composition, or who has designed, etched, engraved, worked, or caused to be engraved, etched or worked from his own design, any print or engraving, and the executors, administrators, or legal representatives of such person or persons. Sect. 1, and sect. 8.
[ 5 ] §3. For what work the copyright is granted. The copyright is granted for any book or books, map, chart, or musical composition, which may be now, (February 3, 1831, the date of the act,) made or composed, and not printed or published, or shall hereafter be made or composed, or any print or engraving, which the author has invented, designed, etched, engraved, or worked, or caused to be engraved, etched or worked from his own design. Sect. 1.
[ 6 ] ^4. Nature of the right. The person or persons to whom a copy-right has been lawfully granted, have the sole right and liberty of printing, reprinting, publishing and vending such book or books, map, chart, musical composition, print, cut or engraving, in whole or in part. Sect. 1.
[ 7 ] § 5. Duration of the copyright. The right extends for the term of twenty-eight years from the time of recording the title of the book, &c, in the office of the clerk of the court, as directed by law. Sect. 1.
[ 8 ] But this time may be extended by the following provisions of the act.
Sect. 2. If, at the expiration ofthe aforesaid term of years, such author, inventor, designer, engraver, or any of them, where the work had been originally composed and made by more than one person, be still living,
and a citizen or citizens ofthe United States, or resident therein, or being dead, shall have left a widow, or child, or children, either or all then living, the same exclusive right shall be continued to such author, designer, or engraver, or if dead, then to such widow and child, or children, for the further term of fourteen years: Provided, That the title of the work so secured shall be a second time recorded, and all such other regulations as are herein required in regard to original copy-rights, be complied with in respect to such renewed copyright, and that within six months before the expiration ofthe first term.
[ 9 ] Sect. 3. In all cases of renewal of copy-right under this act, such author or proprietor shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers printed in the United States, for the space of four weeks.
[ 10 ] Sect. 10. Wheneveracopyright has been heretofore obtained by an author or authors, inventor, designer, or engraver, of any book, map, chart, print, cut, or engraving, or by a proprietor of the same; if such author or authors, or either of them, such inventor, designer or engraver, be living at the passage of this act, then, such author or authors, or the survivor of them, such inventor, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut or engraving, with the benefit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copyright, make up the term of twentyeight years, with the same right to his widow, child, or children, to renew the copyright, at the expiration thereof, as is above provided in relation to
copy-rights originally secured under this act. And if such author or authors, inventor, designer, or engraver, shall not be living at the passage of this act, then, his or their heirs, executors and administrators, shall be entitled to the like exclusive enjoyment of said copy-right, with the benefit of each and all the provisions of this act for the security thereof, for the period of twenty-eight years from the first entry of said copy-right; with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventor, or engraver, as is provided in relation to copy-rights originally secured under this act.
[ 11 ] §6. Proceedings to obtain a copy-right. No person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same therein forthwith, in a book to be kept for that purpose, in the words following (giving a copy of the title under the seal of the court, to the said author or proprietor, whenever he shall require the same;) " District of to wit: Be it remembered,
that on the day of anno
Domini, A. B. of the said
district, hath deposited in this office the title of a book, (map, chart, or otherwise as the case may be,) the title of which is in the words following, to wit: (here insert the title;) the right whereof he claims as author (or proprietor as the case may be;) in conformity with an act of congress, entitled * An act to amend the several acts respecting copyrights,' C. D. clerk of the district." For which record, the clerk shall be entitled to
receive, from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns.
[ 12 ] § 7. Requisites after the grant. No person shall be entitled to the benefit of this act, unless he shall give information of copy-right being secured, by causing to be inserted, in the several copies of each and every edition published during the term secured on the title page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music or engravings, upon the title or frontispiece thereof, the following words, viz.: "Entered according to act of Congress, in the
year by A. B., in the clerk's
office of the district court of"
(as the case may be.)
[ 13 ] The author or proprietor of any such book, map, chart, musical composition, print, cut, or engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut or engraving, deliver or cause to be delivered a copy of the same to the clerk of said district. And it shall be the duty of the clerk of each district court, at least once in every year, to transmit a certified list of all such records of copy-right, including the titles so recorded, and the date of record, and also all the several copies of books or other works deposited in his office, according to this act, to the secretary of state, to be preserved in his office.
[ 14 ] § 8. The remedies may be considered with regard, 1, to the penalties which may be incurred; 2, the issue in actions under this act; 3, the costs; 4, the limitation.
[ 15 ] 1. The penalties imposed by this act relate, first, to the violation of the copy-right of books; se