Слике страница
PDF
ePub

CONSUETUDINARY-CONVEYANCING

ply the name to the Lutheran doctrine do not use it in this sense, however, and do not misunderstand the position of the Lutherans; they use it simply for want of a better term. It seems to them well adapted to distinguish the Lutheran doctrine from that of the Roman Catholic Church called "transubstantiation." See LUTHER, Vol. XV, p. 81. F. JOHNSON. CONSUETUDINARY OR CUSTOMARY LAW, an unwritten law established by usage, and derived by immemorial custom from remote antiquity. When universal, it is called common law; when particular, it is called custom, in a narrower sense, as the custom of a trade, or of a district.

CONSUMPTION.

See PHTHISIS, Vol. XVIII, p. 855; and see also PATHOLOGY, Vol. XVIII, pp. 405, 406.

CONTARINI, the name of a noble family in Venice, one of the twelve that elected the first doge. Between 1043 and 1674 eight doges were furnished by this family, which also counted among its members four patriarchs and a large number of generals, statesmen, artists, poets and scholars.

CONTINENTAL SYSTEM, Napoleon's fatuous project for ruining England by ruining her trade. He first announced this plan on Feb. 9, 1801, and on Nov. 21, 1806, issued the notorious Berlin Decree. By its five terms,- -1. The British Isles were declared to be in a state of blockade; 2. All commerce and correspondence with Great Britain were forbidden; 3. Every Englishman found on the continent of Europe was declared a prisoner of war; 4. All British goods and merchandise were to be considered lawful prizes; and 5. All vessels coming from England or an English colony were to be refused admission into any continental harbor. The folly of boycotting England was this: As Great Britain was the best customer of these continental nations, they ruined their own commerce at the Corsican despot's bidding, and to gratify his personal malice and revenge. Austria acceded to the system, Nov. 24, 1807; Sweden, Sept. 17, 1809; and the petty Roman states, in December, 1809. Russia withdrew from the alliance in 1810, though Napoleon tried to enforce the system in 1812, but after the retreat from Moscow it was abandoned wholly.

CONTINGENT REMAINDER, an estate in expectancy in law. See REMAINDER, Vol. XX, P. 372.

CONTINUITY OF THE GERM-PLASM. See HEREDITY, in these Supplements. CONTINUITY, LAW OF. See PSYCHOLOGY, Vol. XX, pp. 42, 45.

CONTINUOUS POTENTIAL DIFFERENCE. See ELECTRICITY, Vol. VIII, p. 25; and see also ELECTRICITY, $ 39, in these Supplements.

CONTRAYERVA ("counter-poison ''), an aromatic bitterish root of different species of Dorstenia, of the family Urticacea; used as a stimulant and tonic. Dorstenia is a tropical American

905

genus closely related to the mulberries, and is of interest as showing a transitional form to the fig in its flat, open inflorescence.

CONTRIBUTION, in law, is the payment of the proportionate share of a loss by each or any one of several persons, who were liable in common in some transaction, to such one or more of the others who, being also liable, may have been compelled to discharge the entire liability. When one person has been compelled to discharge a liability with which he was charged in common with others, he has a right to contribution, from each of the others, of his proportionate share of such loss, and may bring suit to enforce such right. The occasion for exercising this right. frequently arises between sureties, where one of several sureties has been compelled to make good the default of the principal, or more than his share of such loss, in which case contribution can be enforced. The right of contribution also exists in favor of one partner who has borne more than his share of the losses or expenses of the partnership, as against the other members of the firm. In the case of joint owners of property, or tenants in common, contribution will be enforced where one has paid more than his share of the expenses for the common benefit. Suits to compel contribution are generally brought in chancery, especially when in partnership matters. CONVENTIONAL, IN ART. See DRAWING, Vol. VII, pp. 447, 448.

CONVENTION PARLIAMENT, a name given to two English Parliaments. The first, in 1660, after the Restoration, consisted of both houses, was not called together by the sovereign, but was merely convened by General Monk. It passed an act restoring the ancient general constitution of kings, lords and commons, and was legalized. by Charles II. It was the most bloodthirsty and infamous of all the Parliaments in the annals of English history, even condemning the immortal John Milton to death. It first met April 25, 1660, and dissolved Dec. 29, 1660. The second Convention Parliament met Jan. 22, 1689, and dissolved Jan. 29, 1691. It conferred the crown on William and Mary.

CONVERSION, IN LAW. See TROVER, Vol. XXIII, p. 589.

CONVEYANCE is a general term embodying all the various methods for the transfer of the title to real estate. The word is used to indicate the act and also the instrument by which title is passed. A deed, mortgage, release, lease, will or any other instrument by which any interest in real property is transferred is a conveyance. expense of the conveyance is usually to be paid by the purchaser, unless there is an express agreement to the contrary.

The

CONVEYANCING is the science of the transfer of title to real estate from one to another. It includes, also, the examination of the title of the grantor.

The question of simplifying the system of conveyancing has been largely discussed throughout the United States during the past few years,

906

CONVOLVULUS-CONVULSIONNAIRES

between 1870 and 1888. Practically, the same system is now in operation in the German Empire. Bohemia has had a system of land titles quite similar in many respects for the last two hundred years, and Hamburg for one hundred years. Japan has also had a similar system for many years. The first state in the United States to adopt the Torrens system was Illinois, in which state a law was enacted, June 13, 1895, but it was declared unconstitutional in November, 1896, for vesting the registrar with judicial functions. It was adopted in the state of Ohio early in 1896. Many other states have given much consideration to the subject. In Massachusetts, New York and Kentucky, bills have been introduced providing for the Torrens system, but for various reasons have not been adopted. The law was declared unconstitutional by the Illinois Supreme Court, Oct. 9, 1896.

Another method which has been tried in various portions of the United States is that of the guaranty of titles by private individuals or corporations organized for that purpose. A number of title guaranty companies have been organized, which, upon application of the owner, examine the title to real estate, and if found to be good, these companies will issue a written guaranty of the title somewhat in the nature of a policy of insurance. These policies are issued for a consideration, and have been a source of some benefit. The difficulties which stand in the way of good titles, however, are not effected by these companies, and the benefit is only extended to the particular title which they guarantee.

and in some states legislation has been attempted and in various provinces of British Columbia with the view to reach that result. The delay and expense necessary to the transfer of real estate has become exceedingly vexatious since the chain of title to property has become more drawn out and involved, and especially is this true in large cities, where many transfers occur, and where frequently the proper care is not given by those who examine the abstract of title. The most feasible system which has yet been introduced into the United States with a view to avoid these difficulties is that familiarly known as the "Torrens Land Title System," and it has met with much favor in many states within the last few years. The essential feature of this system is the registration of titles. The public registrar, when once the title has been examined by public examiners appointed for that purpose, and found to be valid, places the description of the property on the registration books, and issues a certificate of ownership to the party entitled thereto. All mortgages or valid liens must be noted on the register and on the certificate, and no claim can defeat the title as shown on the register. Abstracts of title are practically avoided, as all valid claims against the property are shown on the register. Clouds cannot be placed upon the title by means of some other transfer made under an error in description; because only the person legally authorized to make a conveyance can interfere with the title, and before he can have the title transferred he must produce his certificate, which will be canceled, and another issued to the party entitled thereto, containing the notation of all liens and mortgages. No judgment can become a lien upon real estate except by filing a transcript thereof and having same noted on the page of the register devoted to that tract. Thus the difficulty of having a judgment recorded against the land of every person having the same name as the one against whom the judgment is rendered is avoided. The chief virtue of this system is the simplicity and absoluteness of the title which is given. The certificate of title is absolute, and subject only to the conditions noted upon it. If the register| shows a mortgage canceled, it is not necessary to examine the instrument to see if it is in proper form, as the certificate which shows that it is canceled is absolute, and the duty is upon the registrar alone to see that the release is in proper form. The title is kept clear by this method continually, and an examination of the page of the register containing the title of the last owner is sufficient to obtain all information required to pass safely upon the title. The registrar does not enter an instrument in the register unless it is properly drawn, and the party executing the instrument can legally do what he thereby undertakes. The fact of its entry makes an instrumeut absolute in effect.

This system of land titles was first introduced in 1858 by Sir Robert Torrens in South Australia, and has been in operation continually since that time. It was adopted in Great Britain in 1875, |

CONVOLVULUS, a genus of the family Convolvulacea, to which it has given its name. The species commonly are called bindweeds, and are related closely to the morning glory (Ipomea), from which it differs chiefly in its two linear stigmas. The funnel-form flowers are colored variously as in the morning glory, and the plants are spreading or twining. There are no native species of Convolvulus proper in the United States, but the European C. arvensis has become a naturalized weed. The old genus Calystegia, however, is now included in Convolvulus, characterized by its large leafy bracts surrounding the calyx, and is represented in the United States by several species.

CONVULSIONISTS, a term applied in 1632 to the persons afflicted by the convulsion epidemic which broke out in the nunneries about Bordeaux, France, especially in the Ursuline convent of Loudun. In 1686 the French refugees, driven from house and home by the infamous dragonnade expeditions, were affected by a similar epidemic. In 1882 the term was used in France to denote an extreme democrat or radical, whose platform was the convulsion or plucking up the established order of all things by the roots.

CONVULSIONNAIRES, a term given to certain fanatical Jansenists of France, who met in St. Medard's churchyard, in the suburbs of Paris, where was the tomb of a certain Abbé François de

CONVULSIONS-COOK

907

Washington's Unpublished Agricultural Letters (1889); Life of Nathaniel Hawthorne (1890); Life of Thomas Paine (2 vols., 1892). In 1892 Mr. Conway returned to his London pulpit.

Paris, who had died in 1727, where numberless | ing Jew (1881); The Sacred Anthology (1873); miracles were alleged to have been done. There these fanatics threw themselves into the most violent contortions. Louis XV ordered them to be imprisoned in 1733, but was unable to stamp out the fervor entirely.

CONVULSIONS. See PATHOLOGY, Vol. XVIII,

P. 391.

CONWAY, a town and the capital of Faulkner County, northern central Arkansas, on the St. Louis, Iron Mountain and Southern railroad, 30 miles N. W. of Little Rock. It is the seat of Hendrix (Methodist) College and a Baptist college for girls. It has a large cotton trade. Population 1890, 1,207.

CONWAY, a town and a river in North Wales. See CONWAY, Vol. VI, p. 330; CARNARVON, Vol. V, p. 119.

CONWAY, a village and the capital of Horry County, eastern South Carolina, about 100 miles N. N. E. of Charleston on the Waccamaw River, at the head of navigation, and a terminus of the Atlantic Coast Line railroad. It has several lumber mills and a depot for naval supplies. Population 1896, 700.

CONWAY, HUGH, pseudonym of FARGUS, FREDERICK JOHN; q. v., in these Supplements.

MONCURE D. CONWAY.

CONWAY, MONCURE DANIEL, an American author and clergyman; born at Middleton, in Stafford county, Virginia, March 17, 1832; educated at Dickinson College, Carlisle, Pennsylvania, and studied law, but abandoned it and entered the Methodist ministry, preaching in various circuits of Virginia. As a law student he had held extreme Southern views and had expressed himself in articles in the Richmond Examiner. Coming under the influence of Emerson and the radical opponents of slavery, his political beliefs changed with his religious creed. He entered the Divinity School at Cambridge, and on graduation essayed to preach Unitarian doctrine in his native state. His antislavery sentiments and the assistance he gave to an escaping slave raised a hornet's nest of threats against his life. The same causes led to his dismissal from a Unitarian church in Washington, District of Columbia. 1857 he became a pastor in Cincinnati, and afterward, for a time, edited the Boston Commonwealth. In 1863 he visited England for the purpose of writing and lecturing in the interests of the antislavery party. Here the trustees of the ultra-liberal South Place Chapel, in London, secured his services, and here he preached from 1863 until 1884, when he returned to the United States. His principal works are Tracts for To-Day (1858); Testimonies Concerning Slavery (1865); Idols and Ideals (1877); Demonology and Devil Lore (1879); The Wander

In

CONWAY, THOMAS, COUNT DE, an Irish soldier of fortune; born in Ireland, Feb. 27, 1733- He distinguished himself in the French army, and in 1777 came to the United States and offered his services to Congress. He was at the battles of Brandywine and Germantown as a brigadier-general. He was made major-general, Dec. 14, 1777, but in March of the following year resigned. Subsequently he returned to France and was appointed governor of Pondicherry and the French settlements in Hindustan. In 1792 he took charge of the royalist army in the south of France. Count Conway is chiefly known in American history as the leader of "Conway's cabal," a conspiracy to deprive Washington of the command of the army; as to which, see WASHINGTON, Vol. XXIV, p. 389; UNITED STATES, Vol. XXII, p. 742, § 84. He died about

1800.

CONY, a rabbit, especially the European rabbit (Lepus cuniculus). See RABBIT, Vol. XX, p. 192. The cony of the Old Testament is supposed to be the Syrian hyrax, or daman (Hyrax Syriacus). See HYRAX, Vol. XII, p. 599.

CONYBEARE, WILLIAM JOHN, REV., son of WILLIAM DANIEL CONYBEARE, the eminent geologist; q. v., Vol. VI, p. 330; born Aug. 1, 1815; died at Weybridge in 1857. He was educated at Westminster and Trinity College, Cambridge. In 1842 he was appointed principal of the Liverpool Collegiate Institution, which position he was subsequently compelled by ill health to exchange for the vicarage of Axminster. He was joint author, with Dean Howson, of a widely known Life and Epistles of St. Paul (1851).

CONYERS, a town and the capital of Rockdale County, northwestern central Georgia, on the Georgia railroad, 30 miles E.S. E. of Atlanta. Cotton-raising in the region and milling are the chief industries. Population 1890, 1,349.

COOK, ALBERT STANBURROUGH, an American scholar and educator; born at Montville, New Jersey, March 6, 1853; educated at Rutgers College, at the universities of Göttingen and Leipsic, and at London and Jena; was professor of English in the University of California, 1882-89; Carew lecturer at Hartford Theological Seminary, 1890-91; professor of English language and literature in Yale University, 1889. In addition to numerous contributions to literary and scientific publications, Professor Cook has issued an edition of Siever's Old English Grammar (1885); Judith, an Old English Epic Fragment (1889).

COOK, CLARENCE CHATHAM, an American journalist; born at Dorchester, Massachusetts, Sept. 8, 1828; educated at Harvard and studied architecture; was for some years a teacher. The success of a series of articles on American art, contributed to the New York Tribune, and prompted by the pictures at the New York Sanitary Fair of

[graphic]
[blocks in formation]

1863, secured him the position of art critic on the Tribune for six years. In 1869 he was sent as correspondent to Paris, but resigned when the Germans crossed the Rhine, passed some time in Italy, and returned to America and the New York Tribune. His works include The Central Park (1868); The House Beautiful (1878); and a new translation of Lübke's History of Art (2 vols., 1878). In 1884 he became the editor of The Studio.

COOK, EDWARD DUTTON, an English dramatic critic and popular novelist; born in London, Jan. 30, 1829. He was originally intended to follow his father's profession of a lawyer, but gave it up to devote himself entirely to literature. From 1868 to 1871 he was assistant editor of The Cornhill Magazine; from 1867 to 1875 he was the dramatic critic for The Pall Mall Gazette and World papers. He contributed articles on fineart topics to various reviews and wrote for many periodicals and journals. Among his novels may be mentioned The Trials of the Tredgolds; Hobson's Choice; and Paul Foster's Daughter. He died in London, Sept. 11, 1883.

COOK, EDWARD TYAS, a British journalist and man of letters. He was born at Brighton in 1857; educated at Winchester School and New College, Oxford, whence he graduated with high honors. He was secretary of the London Society for the Extension of University Teaching (1882-85); joined the staff of The Pall Mall Gazette (1883), and was appointed editor in succession to W. T. Stead in 1890, resigning in 1892 on the sale of the paper to W. W. Astor. In 1893 he became first editor of The Westminster Gazette. He is the author of A Popular Handbook to the National Gallery (4th ed. 1893) and Studies in Ruskin (1890).

COOK, ELIZA, a favorite minor English poetess, daughter of a London tradesman; born at Southwark in 1817. She contributed poetical pieces to various magazines from an early age, and issued her Melaia, and Other Poems in 1838. About 1840 she published a volume of domestic poems, and later established Eliza Cook's Journal, to which she contributed for several years. She was a favorite of the English middle class, and wrote verses such as The Old Arm Chair; also, Jottings from My Journal (1860), and Laconics (1865). She died Sept. 25, 1889.

COOK, JOSEPH, an American lecturer on social and religious topics; born in Ticonderoga, New York, Jan. 26, 1838; graduated at Harvard in 1865. He was licensed to preach in 1868, and was pastor in Andover and Lynn, Massachusetts, the following three years. In 1871 he studied in Europe, Asia and Africa. In 1873 he returned to the United States and lectured on the relations In 1880 he made a lecturHis published works

JOSEPH COOK. of religion and science. ing tour around the world.

are chiefly on religious subjects, and are mainly remarkable for the vigor with which, in a popular form, he strove to reconcile the discoveries of science with orthodox religion. His Boston Mon day Lectures have been published in several volumes and have had an extensive sale.

COOKE, GEORGE FREDERICK, actor; born in Westminster, England, April 17, 1756. He made his first public appearance at Brentford in 1776, and in the period between 1784 and 1800 became very popular in the English provinces and in Ireland. From 1801 to 1810 he played at Covent Garden, both in comedy and in tragedy. In 1810 he visited America, and appeared before enthusiastic audiences in the chief Northern cities. He died in New York City, Sept. 26, 1812, and is buried in St. Paul's churchyard, in that city.

setts.

COOKE, GEORGE WILLIS, an American Unitarian preacher and author; born at Comstock, Michigan, April 23, 1848; ordained at Meadville Theological School in 1872; held pastoral charges in Wisconsin, Michigan, Indiana and MassachuHe has contributed many articles to The Critic and The Independent, and published several books, among which were Emerson: His Life, Writings and Philosophy (1881); George Eliot: A Critical Study of Her Life, Writings and Philosophy (1883); A Guidebook to the Works of Robert Browning (1891).

COOKE, JAY, an American financier; born in Sandusky, Ohio, Aug. 10, 1821. He entered the banking-house of E. W. Clark & Co., as a clerk, in 1838, and four years later became a partner. In 1861 he established the firm of Jay Cooke and Company, of which he was the head, and this house became the government agent for the placing of war loans. At the conclusion of the war the firm became the agent for the Northern Pacific railroad, and the suspension of the banking-house, growing out of its connection with that enterprise, was one of the causes of the financial panic of 1873. Mr. Cooke afterward resumed business with success.

COOKE, JOHN ESTEN, a Confederate soldier and Virginian novelist; born in Winchester, in the Shenandoah valley, Nov. 3, 1830; the son of John Rodgers Cooke, an eminent Virginia jurist, and nephew of GENERAL PHILIP ST. GEORGE COOKE; q. v., in these Supplements. At an early age he removed to Richmond, where he was educated for the bar. He soon abandoned law for literature, moved thereto by the success of his story, in the Fenimore Cooper strain, entitled Leather Stocking and Silk, a Story of the Valley of Virginia (1854). In the same year the Harpers published his Youth of Jefferson and The Virginia Comedians, romances of Virginian life and manners in the eighteenth century. With several later works he became the delineator of colonial Virginia life, and was accepted as the portrayer of this special feature of Southern conditions. His style was marred by superabundant sentiment and ornamentation. The Civil War found him on the staff of his relative, Gen. R. E. Lee. He served in nearly all the battles of Virginia, and at Lee's

[graphic]
[merged small][ocr errors]

surrender was inspector-general of the horse artillery of the army of northern Virginia. After Appomattox he resumed his pen, but it ran on war themes, interweaving reminiscence with romance, and softening the stern features of war with the glamor of chivalry. In addition to lives of Stonewall Jackson (1863) and R. E. Lee (1871), his pen produced 15 romances of wartime. He edited a Life of Captain John Smith and prepared Virginia, a History of the People (1883) for the American Commonwealth Series. This became very popular as a text-book. last work was My Lady Pokahontas (1885), a novel version of the old colonial story. He died at The Briars, in Clark County, Virginia, Sept. 27, 1886.

His

COOKE, JOSIAH PARSONS, an American chemist; born in Boston, Massachusetts, Oct. 12, 1827; educated at Boston and Harvard; tutor in mathematics at Harvard in 1849, and later instructor in chemistry, Erving professor of chemistry and mineralogy and director of the chemical laboratory. His alma mater and the University of Cambridge, England, have conferred several honorary degrees upon Dr. Cooke for his valuable works. These include Chemical Problems and Reactions (1853); Elements of Chemical Physics (1860); Principles of Chemical Philosophy (1866); The New Chemistry (1871); Religion and Chemistry (1864); The Credentials of Science the Warrant of Faith (1888).

COOKE, MORDECAI CUBITT, an English botanist of note; born at Horning, July 12, 1825; editor of Grevillea from 1872 to 1892, and for many years mycologist at the Royal Botanic Gardens, Kew, near London. His botanical works, mainly devoted to the fungi, are numerous and valuable. They include Illustrations of British Fungi; Mycographia; Handbook of British Fungi; Rust, Smut, Mildew and Mould; Handbook of Australian Fungi; British Fresh-water Alga; British Desmids; etc.

COOKE, PHILIP ST. GEORGE, an American military officer; born near Leesburg, in Berkeley County, Virginia, June 13, 1809; graduated at West Point in 1827; served as an infantry officer on the Western frontier from 1827 to 1833, taking part in the Black Hawk war in 1832, and being present at the battle of Bad Axe. He was transferred to the dragoons, and was on frontier service from 1833 to 1846, and saw active service in California, the Kansas border troubles and the Mormon disturbances. Secession had no charms for this loyal son of Virginia. In the Civil War he fought against many of his kinsmen, but always under a coat of Union blue. He saw service in the Virginia peninsula, at Yorktown, Williamsburg, Gaines's Mill and Glendale; was in command at Baton Rouge, Louisiana, and superintendent of recruiting from 1864 to 1866. Reconstruction days found him in command of the department of the Platte, whence, in 1867, he came East to command the Lake department. He became a brevet major-general in 1865, and retired from the army to practice law, Oct. 29,

909

1873. His autobiographical Scenes and Adventures in the Army (1856) and The Conquest of New Mexico and California are his principal literary works. He died at Detroit, Michigan, March 20, 1895.

COOKE, ROSE (TERRY), an American poetess and writer of stories; born at West Hartford, Connecticut, Feb. 17, 1827; educated at the Hartford Female Seminary. In 1873 she married Rollin H. Cooke, an iron manufacturer, and removed to Winsted, Connecticut. Her Mormon's Wife appeared in Graham's Magazine before she was eighteen years old. She contributed many stories and poems to various periodicals. The following are some of her books: Poems by Rose Terry (1860); Happy Dodd (1875); Somebody's Neighbors (1881); Root Bound (1866); The Sphinx's Children and Other People's (1886); and Poems, Complete Edition (1888). Her studies of life and character in rural New England were faithful and attractive. She died in Pittsfield, Massachusetts, July 18, 1892.

COOLEY, THOMAS MACINTYRE, an American jurist; born at Attica, New York, Jan. 6, 1824. He was admitted to the bar in 1846. In 1858 he was appointed reporter of the supreme court of Michigan, which office he held for seven years. In 1859 he became professor, and a little later the dean of the faculty of the law department of the University of Michigan. In 1864 he was elected justice of the supreme court of Michigan, and in 1869 he was reelected for a term of eight years, having already become chief justice in the year 1867. In 1881 he again joined the faculty of the University of Michigan, when he assumed the professorship of constitutional and administrative law. His works on these branches have become standard, and he is undoubtedly a great authority on these and kindred legal subjects. In 1887-91 he was chairman of the Interstate Commerce Commission.

[graphic]

THOMAS M. COOLEY.

On

COOMBS, LESLIE, an American soldier; born near Boonesboro, Kentucky, Nov. 28, 1793. Leslie was the twelfth child of a Virginia farmer, who, in 1782, settled in the wilds of Kentucky. At 19 years of age he entered the army. June 2, 1813, he was made captain of spies in a regiment of Kentucky volunteers. During a conflict at Fort Miami, on May 5th he was wounded. After peace was declared, Coombs read law, and later pursued a successful practice. In 1836, during the Texas struggle with Mexico, he raised a regiment of volunteers. In succession he became state auditor, and for several terms was elected to the legislature. During the campaign. of General Harrison for the Presidency, Coombs became an active stump speaker, and as such was engaged in several Western and Southwestern In this department he had few rivals; to

states.

« ПретходнаНастави »