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905 ply the name to the Lutheran doctrine do not genus closely related to the mulberries, and is of use it in this sense, however, and do not mis- interest as showing a transitional form to the fig understand the position of the Lutherans; they in its flat, open inflorescence. use it simply for want of a better term. It seems CONTRIBUTION, in law, is the payment of to them well adapted to distinguish the Lutheran the proportionate share of a loss by each or any doctrine from that of the Roman Catholic Church one of sev al persons, who were liable in common called “transubstantiation." See LUTHER, Vol. in some transaction, to such one or more of the XV, p. 81.
others who, being also liable, may have been
compelled to discharge the entire liability. When CONSUETUDINARY OR CUSTOMARY one person has been compelled to discharge a LAW, an unwritten law established by usage, and liability with which he was charged in common derived by immemorial custom from remote an- with others, he has a right to contribution, from tiquity. When universal, it is called common each of the others, of his proportionate share of law; when particular, it is called custom, in a nar- such loss, and may bring suit to enforce such rower sense, as the custom of a trade, or of a right. The occasion for exercising this right district.
frequently arises between sureties, where one of CONSUMPTION. See Phthisis, Vol. XVIII, several sureties has been compelled to make good p. 855; and see also PATHOLOGY, Vol. XVIII, pp. the default of the principal, or more than his
share of such loss, in which case contribution can CONTARINI, the name of a noble family in be enforced. The right of contribution also Venice, one of the twelve that elected the first exists in favor of one partner who has borne doge. Between 1043 and 1674 eight doges were more than his share of the losses or expenses of furnished by this family, which also counted the partnership, as against the other members of among its members four patriarchs and a large the firm. In the case of joint owners of propnumber of generals, statesmen, artists, poets and erty, or tenants in common, contribution will be scholars.
enforced where one has paid more than his share CONTINENTAL SYSTEM, Napoleon's fatu- of the expenses for the common benefit. Suits ous project for ruining England by ruining her to compel contribution are generally brought in trade. He first announced this plan on Feb. chancery, especially when in partnership matters. 9, 1801, and on Nov. 21, 1806, issued the notori- CONVENTIONAL, IN ART. See DRAWING, ous Berlin Decree. By its five terms,- -1. The Vol. VII, pp. 447, 448. British Isles were declared to be in a state of CONVENTION PARLIAMENT, a name given blockade; 2. All commerce and correspondence to two English Parliaments. The first, in 1660, with Great Britain were forbidden; 3. Every Eng- after the Restoration, consisted of both houses, lishman found on the continent of Europe was was not called together by the sovereign, but was declared a prisoner of war; 4. All British goods merely convened by General Monk. It passed and merchandise were to be considered lawful an act restoring the ancient general constitution prizes; and 5. All vessels coming from England of kings, lords and commons, and was legalized or an English colony were to be refused admis- by Charles II. It was the most bloodthirsty and sion into any continental harbor. The folly of infamous of all the Parliaments in the annals of boycotting England was this: As Great Britain English history, even condemning the immortal was the best customer of these continental na- John Milton to death. It first met April 25, 1660, tions, they ruined their own commerce at the Cor- and dissolved Dec. 29, 1660. The second Consican despot's bidding, and to gratify his personal vention Parliament met Jan. 22, 1689, and dismalice and revenge. Austria acceded to the sys- solved Jan. 29, 1691.
It conferred the crown on tem, Nov. 24, 1807; Sweden, Sept. 17, 1809; and William and Mary. the petty Roman states, in December, 1809. Rus- CONVERSION, IN LAW. See TROVER, Vol. sia withdrew from the alliance in 1810, though | XXIII, p. 589. Napoleon tried to enforce the system in 1812, CONVEYANCE is a general term embodying but after the retreat from Moscow it was aban- | all the various methods for the transfer of the doned wholly.
title to real estate. The word is used to indicate CONTINGENT REMAINDER, an estate in the act and also the instrument by which title is expectancy in law. See REMAINDER, Vol. XX, passed. A deed, mortgage, release, lease, will or p. 372.
any other instrument by which any interest in real CONTINUITY OF THE GERM-PLASM. property is transferred is a conveyance. The See HEREDITY, in these Supplements.
expense of the conveyance is usually to be paid CONTINUITY, LAW OF. See PSYCHOLOGY, by the purchaser, unless there is an express agreeVol. XX, pp. 42, 45.
ment to the contrary.
includes, also, the examination of the title of the
and in some states legislation has been attempted | and in various provinces of British Columbia with the view to reach that result. The delay
The delay between 1870 and 1888. Practically, the same and expense necessary to the transfer of real system is now in operation in the German Empire. estate has become exceedingly vexatious since the Bohemia has had a system of land titles quite chain of title to property has become more drawn similar in many respects for the last two hundred out and involved, and especially is this true in large years, and Hamburg for one hundred years. cities, where many transfers occur, and where Japan has also had a similar system for many frequently the proper care is not given by those years. The first state in the United States to who examine the abstract of title. The most adopt the Torrens system was Illinois, in which feasible system which has yet been introduced state a law was enacted, June 13, 1895, but it was into the United States with a view to avoid these declared unconstitutional in November, 1896, for difficulties is that familiarly known as the “ Tor- vesting the registrar with judicial functions. It rens Land Title System,” and it has met with was adopted in the state of Ohio early in 1896. much favor in many states within the last few Many other states have given much consideration years.
The essential feature of this system is to the subject. In Massachusetts, New York and the registration of titles. The public registrar, Kentucky, bills have been introduced providing when once the title has been examined by public for the Torrens system, but for various reasons examiners appointed for that purpose, and found have not been adopted. The law was declared unto be valid, places the description of the prop-constitutional by the Illinois Supreme Court, Oct. erty on the registration books, and issues a certificate of ownership to the party entitled thereto. Another method which has been tried in various All mortgages or valid liens must be noted on the portions of the United States is that of the guarregister and on the certificate, and no claim anty of titles by private individuals or corporacan defeat the title as shown on the register. tions organized for that purpose. A number of Abstracts of title are practically avoided, as all title guaranty companies have been organized, valid claims against the property are shown on which, upon application of the owner, examine the register. Clouds cannot be placed upon the the title to real estate, and if found to be good, title by means of some other transfer made these companies will issue a written guaranty of under an error in description; because only the the title somewhat in the nature of a policy of person legally authorized to make a conveyance insurance. These policies are issued for a concan interfere with the title, and before he can sideration, and have been a source of some benehave the title transferred he must produce his fit. The difficulties which stand in the way of certificate, which will be canceled, and another good titles, however, are not effected by these issued to the party entitled thereto, containing companies, and the benefit is only extended to the notation of all liens and mortgages. No the particular title which they guarantee. judgment can become a lien upon real estate CONVOLVULUS, a genus of the family Conexcept by filing a transcript thereof and having volvulacee, to which it has given its name. The same noted on the page of the register devoted species commonly are called bindweeds, and are to that tract. Thus the difficulty of having a related closely to the morning glory (Ipomæa), judgment recorded against the land of every per- from which it differs chiefly in its two linear son having the same name as the one against stigmas. 'The funnel-form flowers are colored whom the judgment is rendered is avoided. The variously as in the morning glory, and the plants chief virtue of this system is the simplicity and are spreading or twining. There are no native absoluteness of the title which is given. The species of Convolvulus proper in the United States, certificate of title is absolute, and subject only but the European C. arvensis has become a natuto the conditions noted upon it. If the register ralized weed. The old genus Calystegia, however, shows a mortgage canceled, it is not necessary is now included in Convolvulus, characterized by to examine the instrument to see if it is in proper | its large leafy bracts surrounding the calyx, and form, as the certificate which shows that it is is represented in the United States by several canceled is absolute, and the duty is upon the species. registrar alone to see that the release is in proper CONVULSIONISTS, a term applied in 1632 form. The title is kept clear by this method con- to the persons afflicted by the convulsion epidemic tinually, and an examination of the page of the which broke out in the nunneries about Bordeaux, register containing the title of the last owner is France, especially in the Ursuline convent of sufficient to obtain all information required to Loudun. In 1686 the French refugees, driven pass safely upon the title. The registrar does from house and home by the infamous dragonnot enter an instrument in the register unless it nade expeditions, were affected by a similar epis properly drawn, and the party executing the idemic. In 1882 the term was used in France to instrument can legally do what he thereby under- denote an extreme democrat or radical, whose takes. The fact of its entry makes an instrumeut platform was the convulsion or plucking up the absolute in effect.
established order of all things by the roots. This system of land titles was first introduced CONVULSIONNAIRES, a term given to cerin 1858 by Sir Robert Torrens in South Australia, tain fanatical Jansenists of France, who met in and has been in operation continually since that St. Medard's churchyard, in the suburbs of Paris, time. It was adopted in Great Britain in 1875, where was the tomb of a certain Abbé François de CONVULSIONS--COOK
Paris, who had died in 1727, where numberless | ing Jew (1881); The Sacred Anthology (1873); miracles were alleged to have been done. There Washington's Unpublished Agricultural Letters these fanatics threw themselves into the most (1889); Life of Nathaniel Hawthorne (1890); Life violent contortions. Louis XV ordered them to of Thomas Paine (2 vols., 1892). In 1892 Mr. be imprisoned in 1733, but was unable to stamp Conway returned to his London pulpit. out the fervor entirely.
CONWAY, THOMAS, Count DE, an Irish soldier CONVULSIONS. See PATHOLOGY, Vol. XVIII, of fortune; born in Ireland, Feb. 27, 1733.
He p. 391.
distinguished himself in the French army, and in CONWAY, a town and the capital of Faulkner 1777 came to the United States and offered his County, northern central Arkansas, on the St. services to Congress. He was at the battles of Louis, Iron Mountain and Southern railroad, Brandywine and Germantown as a brigadier-gen30 miles N.W. of Little Rock. It is the seat of eral. He was made major-general, Dec. 14, 1777, Hendrix (Methodist) College and a Baptist col- but in March of the following year resigned. lege for girls. It has a large cotton trade. Pop- Subsequently he returned to France and was apulation 1890, 1, 207.
pointed governor of Pondicherry and the French CONWAY, a town and a river in North Wales. settlements in Hindustan. In 1792 he took See Conway, Vol. VI, p. 330; CARNARVON, Vol. charge of the royalist army in the south of V, p. 119.
France. Count Conway is chiefly known in CONWAY, a village and the capital of Horry American history as the leader of “Conway's County, eastern South Carolina, about 100 miles cabal," a conspiracy to deprive Washington of N.N.E. of Charleston on the Waccamaw River, the command of the army; as to which, see at the head of navigation, and a terminus of the WASHINGTON, Vol. XXIV, p. 389; UNITED Atlantic Coast Line railroad. It has several STATES, Vol. XXII, p. 742, § 84. He died about lumber - mills and a depot for naval supplies. 1800. Population 1896, 700.
CONY, a rabbit, especially the European rabCONWAY, Hugh, pseudonym of Fargus, FRED-bit (Lepus cuniculus). See RABBIT, Vol. XX, p. ERICK JOHN; q.v., in these Supplements.
192. The cony of the Old Testament is supposed CONWAY, MONCURE DANIEL, Ameri- to be the Syrian hyrax, or daman (Hyrax Syriacan author and clergyman; born at Middleton, cus). See Hyrax, Vol. XII, p. 599.
in Stafford county, Vir- CONYBEARE, WILLIAM JOHN, Rev., son of
Coming under Cotton-raising in the region and milling are the
the influence of Emerson chief industries. Population 1890, 1,349. and the radical opponents of slavery, his political COOK, ALBERT STANBURROUGH, an American beliefs changed with his religious creed. He scholar and educator; born at Montville, New entered the Divinity School at Cambridge, and on Jersey, March 6, 1853; educated at Rutgers Colgraduation essayed to preach Unitarian doctrine in lege, at the universities of Göttingen and Leipsic, his native state. His antislavery sentiments and and at London and Jena; was professor of Enthe assistance he gave to an escaping slave raised glish in the University of California, 1882–89; a hornet's nest of threats against his life. The Carew lecturer at Hartford Theological Seminary, same causes led to his dismissal from a Unitarian 1890–91; professor of English language and church in Washington, District of Columbia. In literature in Yale University, 1889. In addi1857 he became a pastor in Cincinnati, and after-tion to numerous contributions to literary and ward, for a time, edited the Boston Commonwealth. scientific publications, Professor Cook has issued In 1863 he visited England for the purpose of writ- an edition of Siever's Old English Grammar (1885); ing and lecturing in the interests of the antislavery Judith, an Old English Epic Fragment (1889). party. Here the trustees of the ultra-liberal South COOK, CLARENCE CHATHAM, an American jourPlace Chapel, in London, secured his services, and nalist; born at Dorchester, Massachusetts, Sept. here he preached from 1863 until 1884, when he 8, 1828; educated at Harvard and studied archireturned to the United States. His principal works tecture; was for some years a teacher. The sucare Tracts for To-Day (1858); Testimonies Con- cess of a series of articles on American art, concerning Slavery (1865); Idols and Ideals (1877); tributed to the New York Tribune, and prompted Demonology and Devil Lore (1879); The Wander- by the pictures at the New York Sanitary Fair of
MONCURE D. CONWAY.
1863, secured him the position of art critic on the are chiefly on religious subjects, and are mainly Tribune for six years.
In 1869 he was sent as remarkable for the vigor with which, in a popular correspondent to Paris, but resigned when the form, he strove to reconcile the discoveries of Germans crossed the Rhine, passed some time in science with orthodox religion. His Boston MonItaly, and returned to America and the New York day Lectures have been published in several volTribune. His works include The Central Park umes and have had an extensive sale. (1868); The House Beautiful (1878); and a
COOKE, GEORGE FREDERICK, actor; born in translation of Lübke's History of Art (2 vols., Westminster, England, April 17, 1756. He made 1878). In 1884 he became the editor of The his first public appearance at Brentford in 1776, Studio
and in the period between 1784 and 1800 became COOK, EDWARD DUTTON, an English dramatic very popular in the English provinces and in Irecritic and popular novelist; born in London, Jan. land. From 1801 to 1810 he played at Covent 30, 1829. He was originally intended to fol- | Garden, both in comedy and in tragedy. In 1810 low his father's profession of a lawyer, but gave he visited America, and appeared before enthusiit up to devote himself entirely to literature. astic audiences in the chief Northern cities. He From 1868 to 1871 he was assistant editor of The died in New York City, Sept. 26, 1812, and is Cornhill Magazine; from 1867 to 1875 he was the buried in St. Paul's churchyard, in that city. dramatic critic for The Pall Mall Gazette and COOKE, GEORGE Willis, an American UniWorld papers.
He contributed articles on fine- tarian preacher and author; born at Comstock, art topics to various reviews and wrote for many | Michigan, April 23, 1848; ordained at Meadville periodicals and journals. Among his novels may | Theological School in 1872; held pastoral charges be mentioned The Trials of the Tredgolds; Hobson's in Wisconsin, Michigan, Indiana and MassachuChoice; and Paul Foster's Daughter. He died in setts. He has contributed many articles to The London, Sept. 11, 1883.
Critic and The Independent, and published several COOK, EDWARD TYAS, a British journalist and books, among which were Emerson: His Life, man of letters. He was born at Brighton in 1857; Writings and Philosophy (1881); George Eliot: A educated at Winchester School and New College, Critical Study of Her Life, Writings and Philosophy Oxford, whence he graduated with high honors. (1883); A Guidebook to the Works of Robert BrownHe was secretary of the London Society for the ing (1891). Extension of University Teaching (1882–85); COOKE, JAY, an American financier; born in joined the staff of The Pall Mall Gazette (1883), Sandusky, Ohio, Aug. 10, 1821. He entered the and was appointed editor in succession to W. T. banking-house of E. W. Clark & Co., as a clerk, Stead in 1890, resigning in 1892 on the sale of in 1838, and four years later became a partner. the paper to W. W. Astor. In 1893 he became In 1861 he established the firm of Jay Cooke and first editor of The Westminster Gazette. He is the Company, of which he was the head, and this author of A Popular Handbook to the National Gal- house became the government agent for the placlery (4th ed. 1893) and Studies in Ruskin (1890). ing of war loans. At the conclusion oi the war
COOK, ELIZA, a favorite minor English poetess, the firm became the agent for the Northern Pacific daughter of a London tradesman; born at South- railroad, and the suspension of the banking-house, wark in 1817. She contributed poetical pieces to growing out of its connection with that entervarious magazines from an early age, and issued prise, was one of the causes of the financial panic her Melaia, and Other Poems in 1838. About 1840 of 1873. Mr. Cooke afterward resumed business she published a volume of domestic poems, and with success. later established Eliza Cook's Journal, to which COOKE, JOHN ESTEN, a Confederate soldier she contributed for several years. She was a fav- and Virginian novelist; born in Winchester, in the orite of the English middle class, and wrote Shenandoah valley, Nov. 3, 1830; the son of verses such as The Old Arm Chair; also, Jottings John Rodgers Cooke, an eminent Virginia jurist, from My Journal (1860), and Laconics (1865). and nephew of GENERAL PHILIP ST. GEORGE She died Sept. 25, 1889.
COOKE; q.v., in these Supplements. At an early COOK, Joseph, an American lecturer on social age he removed to Richmond, where he was edand religious topics; born in Ticonderoga, New ucated for the bar. He soon abandoned law
York, Jan. 26, 1838; for literature, moved thereto by the success of graduated at Harvard in his story, in the Fenimore Cooper strain, entitled 1865. He was licensed to Leather Stocking and Silk, a Story of the Valley of preach in 1868, and was Virginia (1854). In the same year the Harpers pastor in Andover and published his Youth of Jefferson and The Virginia Lynn,
Massachusetts, Comedians, romances of Virginian life and man. the following three years. ners in the eighteenth century. With several In 1871 he studied in later works he became the delineator of colonial Europe, Asia and Africa. Virginia life, and was accepted as the portrayer of In 1873 he returned to
this special feature of Southern conditions. His the United States and style was marred by superabundant sentiment and JOSEPH COOK. lectured on the relations ornamentation. The Civil War found him on the of religion and science. In 1880 he made a lectur- staff of his relative, Gen. R. E. Lee. He served ing tour around the world. His published works in nearly all the battles of Virginia, and at Lee's
909 surrender was inspector-general of the horse ar- 1873. His autobiographical Scenes and Adventures tillery of the army of northern Virginia. After in the Army (1856) and The Conquest of New MexAppomattox he resumed his pen, but it ran on ico and California are his principal literary works. war themes, interweaving reminiscence with ro- He died at Detroit, Michigan, March 20, 1895. mance, and softening the stern features of war COOKE, Rose (TERRY), an American poetess with the glamor of chivalry. In addition to and writer of stories; born at West Hartford, lives of Stonewall Jackson (1863) and R. E. Lee Connecticut, Feb. 17, 1827; educated at the (1871), his pen produced 15 romances of war- Hartford Female Seminary. In 1873 she martime. He edited a Life of Captain John Smith ried Rollin H. Cooke, an iron manufacturer, and and prepared Virginia, a History of the People removed to Winsted, Connecticut. Her Mormon's (1883) for the American Commonwealth Series. Wife appeared in Graham's Magazine before she This became very popular as a text-book. His was eighteen years old. She contributed many last work was My Lady Pokahontas (1885), a novel stories and poems to various periodicals. The version of the old colonial story. He died at following are some of her books: Poems by Rose The Briars, in Clark County, Virginia, Sept. 27, Terry (1860); Happy Dodd (1875); Somebody's 1886.
Neighbors (1881); Root Bound (1866); The COOKE, JOSIAH PARSONS, an American chem. Sphinx's Children and Other People's (1886); and ist; born in Boston, Massachusetts, Oct. 12, 1827; Poems, Complete Edition (1888). Her studies of educated at Boston and Harvard; tutor in math-life and character in rural New England were ematics at Harvard in 1849, and later instructor faithful and attractive. She died in Pittsfield, in chemistry, Erving professor of chemistry and Massachusetts, July 18, 1892. mineralogy and director of the chemical labor- COOLEY, THOMAS MACINTYRE, an American atory. His alma mater and the University of jurist; born at Attica, New York, Jan. 6, 1824. Cambridge, England, have conferred several
conferred several | He was admitted to the honorary degrees upon Dr. Cooke for his valua- bar in 1846. In 1858 he ble works. These include Chemical Problems and was appointed reporter of Reactions (1853); Elements of Chemical Physics the supreme court of (1860); Principles of Chemical Philosophy (1866); Michigan, which office The New Chemistry (1871); Religion and Chemistry he held for seven years. (1864); The Credentials of Science the Warrant of In 1859 he became proFaith (1888).
fessor, and a little later COOKE, MORDECAI Cubitt, an English bot- the dean of the faculty of anist of note; born at Horning, July 12, 1825; the law department of editor of Grevillea from 1872 to 1892, and for the University of Michimany years mycologist at the Royal Botanic gan. In 1864 he Gardens, Kew, near London. His botanical elected justice of the suworks, mainly devoted to the fungi, are numer- preme court of Michigan, ous and valuable. They include Illustrations of and in 1869 he was reBritish Fungi; Mycographia; Handbook of British elected for a term of eight years, having already Fungi; Rust, Smut, Mildew and Mould; Hand become chief justice in the year 1867. In 1881 book of Australian Fungi; British Fresh-water he again joined the faculty of the University of Algæ; British Desmids; etc.
Michigan, when he assumed the professorship of COOKE, PhilIP ST. GEORGE, an American constitutional and administrative law. His works military officer; born near Leesburg, in Berkeley on these branches have become standard, and he County, Virginia, June 13, 1809; graduated at is undoubtedly a great authority on these and West Point in 1827; served as an infantry officer kindred legal subjects. In 1887-91 he was on the Western frontier from 1827 to 1833, taking chairman of the Interstate Commerce Commission. part in the Black Hawk war in 1832, and being COOMBS, LESLIE, an American soldier; born present at the battle of Bad Axe. He was trans- near Boonesboro, Kentucky, Nov. 28, 1793. Lesferred to the dragoons, and was on frontier ser- lie was the twelfth child of a Virginia farmer, vice from 1833 to 1846, and saw active service in who, in 1782, settled in the wilds of Kentucky. California, the Kansas border troubles and the At 19 years of age he entered the army. On Mormon disturbances. Secession had no charms June 2, 1813, he was made captain of spies in a for this loyal son of Virginia. In the Civil War regiment of Kentucky volunteers. During a conhe fought against many of his kinsmen, but | Aict at Fort Miami, on May 5th he was wounded. always under a coat of Union blue.
He saw ser- After peace was declared, Coombs read law, and vice in the Virginia peninsula, at Yorktown, later pursued a successful practice. In 1836, Williamsburg, Gaines's Mill and Glendale; was in during the Texas struggle with Mexico, he raised command at Baton Rouge, Louisiana, and super- a regiment of volunteers. In succession he beintendent of recruiting from 1864 to 1866.
. came state auditor, and for several terms was Reconstruction days found him in command of elected to the legislature. During the campaign the department of the Platte, whence, in 1867, he of General Harrison for the Presidency, Coombs came East to command the Lake department. became an active stump speaker, and as such was He became a brevet major-general in 1865, and engaged in several Western and Southwestern retired from the army to practice law, Oct. 29, states. In this department he had few rivals; to
THOMAS M. COOLEY.