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CONTRAT SOCIAL-CONTRERAS

more correctly termed an abbreviation. See ABBREVIATIONS.

Contrat Social, kôn-trä sō-se-äl, a work by Jean Jacques Rousseau, embodying his political ideas and defending the sovereignty of the people. It was published in 1762 and was one of the powerful influences affecting the leaders of the Revolution.

Contravalla'tion, a line formed, in a siege, in the same manner as the line of circumvallation, to defend the besiegers against the sorties of the garrison, so that the troops carrying on the siege lie between the lines of circumvallation and contravallation. As the line of contravallation must be out of reach of cannon-shot from the place besieged, its circumference is necessarily so great as to render both its erection and its defense difficult. It is, therefore, seldom resorted to.

Contravention, an act done in violation of a legal obligation or condition; most frequently applied in Scotch law to any act done by an heir of entail in opposition to the deed of entail, or to the action founded on a breach of lawburrows.

Contrayerva, kon-tra-yer'va (Span. contrayerba, counter herb), the aromatic bitterish rootstock of Dorstenia contrayerva, a plant imported from tropical America, and used as a stimulant and tonic. The drug was once in much repute in low fevers, and was considered efficacious against snake-bites, whence the name. See DORSTENIA.

Contreras, Hernando de, är-nän'dō dā kōnträ'räs, Spanish adventurer: b. Spain about 1520; d. Panama May 1550. He was the son of Rodrigo de Contreras (q.v.), governor of Nicaragua. After the fall of his father, and the confiscation of his property, Hernando and his brother, Pedro, with a number of dissatisfied officers, arranged a plot to seize Peru and Panama, which the brothers claimed as inheritors of the estate of their grandfather, Pedrarias. Hernando was to be king of the new realm, but was never proclaimed, as the failure of his attempt within two months made such a course impossible. Panama was captured 20 April 1550, after several Church dignitaries had been slain, and a large part of the royal treasure stored in the city was taken. Hernando took a considerable part of his force to pursue one of the royal officers, leaving Pedro in command at Panama. The citizens improved the opportunity to retake the city, and Hernando was drowned shortly afterward. The other brother

was never again heard of.

Contreras, Juan Senen de, Spanish general: b. Madrid 1760; d. there 1826. He entered the Spanish army in youth, in 1778 took an active part in the Austrian campaign against the Turks, and in 1795 commanded against the French. While captain-general he gallantly but unsuccessfully defended Tarragona and was captured by the French. He was imprisoned in the castle of Bouillon on the Belgian frontier, but escaped in 1812, and two years later returned to Spain. His narrative of the siege of Tarragona formed the third volume of 'Mémoires relatifs aux révolutions de France et d'Espagne) (1825).

Contreras, Rodrigo de, rōd-rē'gō dā, Spanish cavalier: b. Segovia, Spain, about 1495; d. Peru sometime after 1557; the last date when he was known to be living. He was appointed governor of Nicaragua in 1531, and sent an expedition into the interior, which discovered and explored Lake Nicaragua. The expedition had trouble with the adventurer, Robles, who tried to seize the newly discovered country, but was defeated. The administration of Contreras was turbulent and marked by constant disputes with the royal authorities and the dignitaries of the various crimes and misdemeanors, found guilty, Church. Finally he was formally charged with driven from the country, and all his property confiscated (1549). He vainly sought redress from the Spanish government, and finally returned to America, going to Peru, where he was not heard of after 1557. For the attempt of his sons to avenge their father's alleged wrongs, see CONTRERAS, HERNANDO DE.

Contreras, Battle of (Mexican name, Padierna), in the Mexican war, 20 Aug. 1847. At Churubusco (q.v.), the main road south from the City of Mexico is joined from the southwest by another, running to the hills beyond the hamlet of Contreras. This is about 12 miles from the city; a mile nearer the latter is the hamlet of Padierna. Both villages are on the same small stream; and each is about four miles northwest of San Augustin on the main road, to which the American army had advanced. Just west of Padierna, rising from the banks of the stream, is a ridge called Pelón (Bald) Cuauhtitlan, whose northern side is encircled by another brook, joining the first half a mile north of Padierna. The road to Mexico city winds around the east flank of the ridge, across the brook from Padierna; and crosses the other brook at Auzaldo; west of this, reached by a bridle-path across a third brook, is the village of San Geronimo; while the road keeps on north, across this third and a fourth brook, to the important village of San Angel. Between San Augustin and the first stream lies miles wide and running several miles north; it a field of pedregal (rough volcanic rock), four had a wagon road for a mile and a half, but the rest was only practicable for infantry picking their way in open order. The Mexican general, Valencia, with the "Veterans of the North," forming the right of Santa Anna's army, had 17th; and he decided to occupy and fortify Pelon made his headquarters at San Angel on the Cuauhtitlan, two miles southwest, to block the road to the capital skirting it. Powerful batterpedregal; and some 7,000 men ies were placed to command this and sweep the were concentrated about the ridge, and facing Auzaldo and San Geronimo. Santa Anna, apprehensive for his position on the main road, ordered Valencia to retire to Churubusco; but Valencia refused. On the 19th Scott, at San Augustin, ordered a road leveled across the rest of the pedregal to Padierna; Twiggs and Pillow to check the enemy meanwhile. When this engagement was sharply in progress, Bennet Riley's brigade, shortly followed by P. F. Smith's, moved north and west across the pedregal and a stony hillock called Zacatepetl; crossed the streams and the San Angel road far in rear of the bridge, driving off in a fierce running fight the Mexican troops which attempted to bar the way; and

CONTRIBUTORY NEGLIGENCE CONVENT

quartered themselves at San Geronimo in the hills north of the ridge. Valencia sent for reinforcements to Santa Anna, who brought a division to the hill of Toro, north of San Geronimo, and had the American brigades in a helpless trap if he chose, between his forces on the north and Valencia's on the south; but he did nothing, and at nightfall fell back to San Angel without notifying Valencia. At 2.30 A.M. of the 20th, a dismal morning of cold, rain, and fog, Smith and Riley moved southwest through the steep, gullied, slippery streets of San Geronimo, and unperceived, gained positions southwest of the ridge on the right flank of Valencia's lines, which fronted to the pedregal and Padierna; Smith on a height facing the ridge, Riley masked by a ravine, and Cadwalader east along the ravine, which lay between the ridge and Contreras. Meantime a strong diversion was made by an assault on Padierna and along the pedregal. These preparations were made with the greatest strategic skill, and carried out with the utmost courage and tenacity; but most of them were hardly needed, for the battle was won by a single impetuous onslaught of Riley's troops against Valencia's main batteries on the ridge, when the "Veterans of the North" broke and scattered like sheep. The battle was over in 17 minutes, and the Mexican army a routed mob, in face of a force numbering but a fraction of their own. Shields, who had taken Smith's place at San Geronimo, marched rapidly to Auzaldo to cut off the retreat; but a portion of the army escaped in wild flight toward Churubusco along the San Angel road, while the rest plunged in disorder down the steep flanks of San Geronimo, leaving all impediments behind. No more brilliant victory was won in the war. Scott had not over 4,500 men in sight, to Valencia's 7,000, and Santa Anna's 12,000 within supporting distance; and the natural and artificial defenses should have made the Mexican positions impregnable. The latter lost 700 killed and wounded, and 813 prisoners, including 88 officers, four of them generals; 22 brass cannon, vast quantities of small arms and ammunition, and many hundreds of pack-mules and horses. The American loss was 60 killed and wounded. This rout contributed materially to the winning of Churubusco. Consult: Wilcox, History of the Mexican War'; Wright, 'Life of Scott'; Scott, 'Autobiography.'

Contributory Negligence. See NEGLIGENCE, Contumacy, kon'tu-ma-si, the offense of non-appearance in court of a person summoned judicially, chiefly known in countries on the European continent. In civil causes a person in such case may be properly made liable to a decision against him, for his neglect in not appearing to defend his rights; but by an extension of the principle to criminal cases persons are often sentenced, in their absence, to punishment in contumaciam, as it is called, particularly those who are charged with political offenses, who can expect little justice under despotic governments.

Contu'sions, the lesion of the body resulting from a blow struck by a blunt instrument without breaking of the skin or fracture of a bone. Contusions may involve the skin alone, or they may produce some change in the deeper tissues. In contusions there is, as a rule, some

rupture of blood vessels. This results in the extravasation of blood, which, if small in amount, causes minute spots called petechiæ. When elongated in stripes such hemorrhages are called vibices; or, when irregular and small, ecchymoses. When the hemorrhage is large and collected in one place, they are termed hematomata. Contusions, if very severe, may result in gangrene, hence all large contusions need prompt medical attendance, but small contusions may be treated with hot water in which there is some antiseptic, as a one-per-cent solution of carbolic acid; and if carefully bandaged and kept from being infected, they usually recover.

Conus, a genus of gasteropodous mollusks, the type of the family Conide or coneshells, so named from the form of the shell. They are found in the southern and tropical seas. The genus comprises several hundred species, some of them having very beautifully colored shells which are much prized by collectors. The rarest and finest of these is C. gloria-maris. All have a short, strong foot bearing a water-pore, two tentacles with eyes set on the outside at the centre, and a long syphon. They live in holes in rocks and in the clefts of coral-reefs, and their food consists mainly of other mollusks. Some of the species are poi

sonous.

Convallaria, kon-va-lā'ri-a, the typical genus of the natural order Convallariacea, or The order has 23 lily-of-the-valley family. genera, and about 215 species, widely distributed. Ten of the genera are found in the American flora, among them: Asparagus, Clintonia, Polygonatum convallaria, and Trillium (qq.v.). See LILY-OF-THE-Valley.

Convec'tion of Heat, the transference of heat by means of the upward motions of the particles of a liquid or gas which is heated from beneath. With practically one exception, namely, water below its maximum density point, liquids and gases increase in volume on being heated, and their densities therefore decrease. Hence, if heat be applied beneath a vessel containing a liquid or a gas, the parts nearest to the bottom, becoming heated, rise up owing to their diminished density, their place being taken by cooler fluid rushing in from the sides and falling down from the upper parts of the vessel. Hence a rapid mixing takes place, and it is thus that a liquid heated at the bottom becomes so much more quickly warmed than it would be were the heat applied at the top. The convection currents may be beautifully shown by filling a flask or glass with water, and dropping into it a small bit of indigo or other such solid coloring matter. On placing the flask over a spirit-lamp, streams of heated liquid will be seen rising and carrying the blue particles; while at the same time the cool water, uncolored, will be observed falling in downward streams and taking the place of that which is rising. See HEAT.

Con'vent (Lat. conventus), primarily the community of monks or nuns occupying a monastery, priory, or other establishment of a monastic or semi-monastic character. But the word is generally used to designate rather the establishment itself, if it is simply a cloister and not a considerable monastery or an abbey. The parts of a properly equipped conventual establishment are: The church or chapel including the choir,

CONVENTICLE - CONVENTIONS

namely, that portion of the church in which the in the legislative session 1803-4 there were members assemble to recite or chant the psalms, etc., of the canonical hours; the chapter-house, an apartment in which the inmates assemble to deliberate or discuss community affairs; the cells, or separate quarters of the inmates; the refectory or dining-hall; the dormitory; the infirmary; the parlor for reception of visitors; the library; the treasury; the cloister, an enclosed space for recreation; and the crypt, the convent's place of burial. The word "cloister" is also used in the sense of convent: in that use cloister signifies a religious house access to which is restricted by the laws of the Church.

In the United States, owing to religious upheavals going on in the Old World, a very large number of the religious consecrate of the Roman Catholic Church have found refuge. One of the oldest of our commonwealths, that of Maryland, was settled by the Roman Catholics, who at an early date laid the foundations of numerous convents and monasteries. As the settlements and centres of population pushed further in every direction from the Atlantic coast, the emissaries of the Church were in the van, and the result has been the building and organization of some of the most noted convents in the world. Scarcely a large town in the country is without its convent or nunnery, while in many of the larger cities there are several communities of either sex. The term convent is here applied almost exclusively to an establishment containing a sodality of nuns, the male religious being denominated monks and their establishments monasteries.

It is said that the first convent in England was erected by Eadbald at Folkestone in 630, and the first in Scotland at Coldingham in 670. They were numerous during the Middle Ages. Henry VIII. suppressed them, confiscating their revenues. By the Roman Catholic Emancipation Act of 1829 their erection in the United Kingdom was prohibited, but the Act was from the first so much of a dead letter that they were established in various places with no protest from the community in general. For a long time convents in Great Britain were founded by the Roman Catholic Church only, but in 1875 one was opened at Bournemouth under the auspices of the Ritualist party in the Established Church. Consult Murphy, Terra Incognita.' See MONACHISM.

Conven'ticle, a private assembly or meeting for the exercise of religion. The name was at first given as an appellation of reproach to the religious assemblies of Wickliffe, and afterward applied to meetings of petty sects and dissenters generally in the Conventicle Act, 22 Charles II., c. 1, repealed by 52 George III., c. 155. In strict propriety the word denotes an unlawful assembly, and cannot therefore be justly applied to the legal assembling of persons in places of worship licensed according to law.

Convention, Nominating. See ELECTIONS. Convention of 1787. See CONSTITUTION, FRAMING OF THE.

Conventionalists, in Pennsylvania politics. The Pennsylvania Democrats obtained their first victory over the Federalists in 1799, electing their governor, Thomas McKean, and a majority of the House; but the Senate was Republican, and the electoral vote in 1800 was divided, eight Democratic to seven Federalist. Yet

only five Federalists in the House and one in the Senate. This rapid conversion of Federalists to Democratic politics, however, by no means implied a corresponding conversion to Democratic ideas, and the victorious party almost at once split into two factions: the "Constitutionalists," or moderates of the Federalist temperament; and the "Friends of the People," or radicals, who wanted a new State Constitution, impeachment and removal of the existent judges, and limitation of the power of the judiciary for the future. The struggle, in fact, was part of that which has ended in making judges mostly elective; and which was begun by the wrath of the Democratic section at seeing the Federalist judges intrenched in position for life, and construing the constitutions their own way. The leaders of the two parties were In 1805 William Duane and Michael Leib. the Federalists adopted the candidate of the Constitutionalists, McKean, and elected him; but in 1808 the "Friends of the People" — who had adopted a programme for practical action, and now called themselves "Conventionalists," as wishing a convention to prepare a new Constitution - elected their candidate, Simon Snyder, and had a long lease of power.

Conventions, Constitutional, in the United States. The State constitutions framed during the Revolution (see CONSTITUTIONS, STATE, FIRST FORMATION OF) were made by various bodies the regular legislatures, special conventions, committees of safety, etc.-and mostly not submitted to the people, whose understood wish was their sole guaranty of acceptance. But that of Massachusetts even then was worked out at a special convention and submitted to popular vote, and one or two of those previously adopted were shortly superseded by new ones so sanctioned. Since the Revolution this has been a very general method, and the submission to popular vote almost universal, alike in new States and the revisions of old constitutions. The exceptions have always been revolutionary in character, justified or unjustified, but precisely opposite to those of the Revolution: the forcing upon a State of a constitution which the leaders of the movement knew would not be sanctioned by the majority of the people. The Lecompton Constitution of Kansas, 5 Sept. 1857, making it a slave State and forbidding emancipation laws, was one example; recent constitutions in the Southern States disfranchising negroes are others. stitutional convention, as a special body alone permitted even to propose for public action changes in the fundamental law, is peculiar to the United States. In foreign countries the though it may call a special session for it, or a regular lawmaking body has this function, specially heavy majority be required for it; no country would overturn its settled institutions by a majority of one. The American plan, of confining the legislative body to changes within the organic framework, and requiring specific popular consent to alterations of the latter, was initiated largely at the advice of John Adams. This formal constitutional convention is the exact reverse of the revolutionary convention in this and other countries. The latter by its essence is the overthrow of existent

The con

CONVENTIONS- CONVERGENCE

legal sanctions by force, and the use of this revolt to establish new ones; the former is called in pursuance of legal provisions or prescriptive understandings, by a regular government to amend its own basis. Hence also it is restricted to the special purposes of its call, and so far as it transcends them it becomes revolutionary. The convention which framed the Constitution of the United States was semirevolutionary: it was legally called, but it utilized the call to propose and submit a plan for discarding the entire system of government and substituting a new one; its excuse was national necessity, its bili of indemnity the ratifying of the Constitution by the States. The method of convention is by no means universal or obligatory, however. Some States provide for the adoption of the desired amendments in two successive legislatures, and then their submission to the people; some allow either; some make no provision at all; some merely disallow any changes not agreed to by certain majorities or legislatures.

Conventions. See ELECTIONS.

Conventions, Revolutionary (see also CONVENTION, CONSTITUTIONAL; CONSTITUTIONS, STATE, FIRST FORMATION OF). Where the legal governments of countries have become the very grievance against which people rebel, the latter have no organ of expression save tumultuous or representative popular assemblies. The latter are usually called conventions. Thus, in England, the convention parliament of 1399 deposed Richard II. and gave the crown to Henry IV.; that of 1660, after the downfall of Richard Cromwell, proclaimed Charles II.; that of 1689, after the flight of James II., proclaimed him abdicated and William III. king. These were simply parliaments, except that there was no royal authority to call them. In Massachusetts, the convention of May 1689, at the same time as that in England, superseded the Andros government by one of the people. That of South Carolina in 1718, to form a provisional government in place of the proprietary government, is another instance. In all these cases, the conventions were administrative bodies, governments pro tem. So during the Revolution, when the royal governors proclaimed the colonial assemblies dissolved, they were in the habit of reassembling as conventions, and they constituted the provincial government until regular constitutions were in force, which in fact they often framed and adopted themselves. The later constitutional conventions, creatures of State law, and limited to the preparation of a plan of government to be afterward voted on, have nothing whatever in common with the above, and are in fact only enlarged consulting boards, representative enough to imply fairly the entire public feeling.

Of the first sort were the nullification convention in South Carolina in 1832 (see COMPROMISE OF 1833), and the secession conventions of

1860 and 1861.

Convergence. Cases often occur where two animals of different groups, with a different ancestry and affinities, but with similar habits, so closely resemble each other that not only the ordinary observer, but the experienced naturalist, is deceived by their close resemblance. A familiar example is the whale, which so resembles a fish that by many it is even supposed to

be one. Now, the whale is a mammal, bringing forth its young alive, and suckling it. The cetaceans form an order by themselves. There are strong reasons for believing that they are the descendants of some group of land vertebrates which walked on all fours, but which, perhaps driven by competition, were forced to adopt marine life, and became wonderfully adapted to an aquatic life, during this process losing by disuse their hind limbs, while the fore legs became converted into fins. By adaptation to the same medium, a fish and a whale have a similar shape and a strong superficial resemblance. The same is the case with certain extinct whale-like lizards, such as the ichthyosaurs. These, with the plesiosaurs, are now supposed to have descended from some earlier four-footed terrestrial reptiles, which, becoming adapted to oceanic life, assumed a fish-like form. Cases of convergence resulting from similar burrowing habits are seen in the Amphibia and reptiles. Certain amphibians (Cæcilia) and several extinct Carboniferous forms, have lost their limbs by disuse; they are worm-like, from adopting the habits of earthworms. Among the lizards the glass-snake (Ophiosaurus) and a few other forms have lost their legs in consequence of burrowing in the sand. There is a form (Bipes) in which a pair of legs are retained. Snakes have evidently descended from four-legged forms, the boas still retaining vestiges of the hind legs. It is not an easy matter to separate some of the legless lizards from small boas, owing to the convergence in their mode of life.

The thousands and tens of thousands of the boring larvæ of insects, belonging to quite different groups, have strikingly similar forms owing to their similar habits; thus the headless and apodous maggots of flies resemble those of ants, wasps, and bees. Among jumping mammals, the kangaroo, the jerboa, and jumping mice have similar large muscular hind legs, with a reduction in the number of toes, although they belong to different sub-classes or orders. The kangaroo is a marsupial and we have marsupial or kangaroo rats and mice which can be separated only by an expert from ordinary rodents. The koala mimics the bear, the pouched weasels look like genuine weasels, and so on.

A multitude of other examples can be cited to illustrate the effects of convergent habits, or the influence of similar conditions of life, or adaptation to such and such surroundings. It all, of the cases of mimicry among butterflies and is most probable that the large majority, if not other insects generally attributed to the action of natural selection, are examples of convergence, resulting from exposure to similar physical conproduced similar styles of coloration, outlines in ditions of light, temperature, etc., which have their wings, etc.

factor of organic evolution, use and disuse are While convergence is not in itself a primary such factors, and convergence in habits or modes of life, resulting in use or disuse of parts, have had much to do with the evolution of so extreme specialized groups as the whales, the snakes, the plesiosaurs and ichthyosaurs, as well as other minor groups of animals.

Convergence is of rare occurrence in plants, because their fixed mode of life does not admit of the exercise or disuse of parts or organs.

CONVERSANO-CONVEYANCING

Conversano, kon-ver-sä'nō, Italy, a town in the province of Bari, on a hill, 18 miles southeast of the town of Bari. It is the seat of a bishop, and has a citadel, a handsome cathedral, several convents, a diocesan seminary, and a hos pital. The district produces wine, oil, almonds, flax and cotton; and a good trade is carried on in these articles. The foundation of the town is attributed to the Etruscans. Pop. 9,731.

Conversation, the oral interchange of ideas among two or more persons. It may be formal or informal, in the latter sense differing little in meaning from "speech or talk." In its formal sense it is sometimes spoken of as "polite conversation," and it may cover a wide range of topics. As an art, conversation may be said to have flourished in the courts and palaces of Italy from the Middle Ages onward, and in the salons of France during the 16th, 17th, and 18th centuries. In England, in the 17th and 18th centuries, conversation was perhaps at its best. Some of the "polite conversation" of this period has been reserved in the form of "table talk," but some of this literature might be better described as "monologue."

Con'verse, Florence, American writer: b. New Orleans 30 April 1871. She graduated at Wellesley College in 1893, began writing for the magazines, and has been a member of the editorial staff of The Churchman (New York) since January 1900. She is the author of: Diana Victrix, a novel (1897); The Burden of Christopher' (1900); Long Will, a Romance (1903).

Converse, George Albert, American naval officer: b. Norwich, Vt., 13 May 1844; d. Washington, D. C., 29 March 1909. Educated at Norwich University, he was graduated from the United States Naval Academy in 1865, was in the torpedo service in 1869-72, instructor at the torpedo station (Goat Island, Newport Harbor, R. I.) in 1885-9, and in charge of the station in 1893-7. He was promoted commander in 1889 and captain in 1899. In 1897-9 he commanded the U. S. S. Montgomery, seeing service in the Spanish war; in 1899 was made chief of the bureau of equipment, with rank of rearadmiral; in September 1902 was assigned to the command of the Illinois; and in March 1904 became chief of the bureau of ordnance. He was retired 13 May 1906.

Converse, Harriet (Maxwell), American philanthropist and author: b. Elmira, N. Y., 1839; d. New York, 18 Nov. 1903. For some years she traveled in Europe, contributing to the American press, and in 1883 published a collection of verses, Sheaves,' which passed through several editions. In 1884 she was formally made a member of the Seneca Indians, and for many years labored in defense of the rights of Indians both in New York and elsewhere. In 1891 she finally secured the defeat in committee of a bill introduced into the New York legislature with the purpose of depriving the Indians of their lands, and thereupon was elected a member of the Seneca national council and installed a chief of the Six Nations. She made valuable collections of Indian curios and antiquities. Among her further writings is Myths and Legends of the Iroquois Indians' (1903).

Converse, James B., American Presbyterian clergyman: b. Philadelphia 8 April 1844.

He graduated at Princeton 1865, and Union Theological Seminary, Virginia. He edited the 'Christian Observer) 1872-9; was engaged in pastoral and evangelistic work 1879-88; and edited the Christian Patriot' 1890-5. He has published: A Summer Vacation Abroad' (1878); The Bible and Land: argument in favor of single tax) (1889); Uncle Sam's Bible, or Bible Teachings About Politics' (1899).

Conveyancing, a term including both the science and the act of transferring titles to real estate from one person to another. Sometimes it is applied in a restricted sense to the cumbrous forms which the feudal system has rendered necessary for the transference and tenure of landed property. When left to shape itself by individual practice, without legislative intervention, there were several causes rendering such conveyancing cumbrous and complex, The theory of the feudal tenures and hierarchy remaining unchanged throughout the social revolution which had substantially abolished superiority and vassalage, and brought land out of feuthe Middle Ages were necessarily retained, and dality into commerce, the feudal ceremonies of they were adopted by fictions and explanations to modern exigencies. It seems strange that not many years have passed since in Scotland, when a parcel of land was bought and sold, a party of men assembled on it and went through the old form of feudal investiture by

the delivery of so much earth and stone from the superior bailiff to the vassal's attorney, who took instruments and had the whole recorded at length by a notary of the empire. In England, from the want of the general system of registration known in Scotland, the complexities of conveyancing had become so inextricable, that one of the most approved forms of transference was a fictitious suit and judgment of possession called a fine and recovery. To these various sources of complexity must be added the timidity of conveyancers, who, afraid to commit themselves by attempting to abbreviate or reconstruct the forms which they find in existence, repeat them with additions from time to time as new circumstances must be provided for. Consequently to keep conveyancing within rational bounds the legislature, both in England and the United States, has interfered from time to time, by sweeping away excrescences, and providing brief and simple forms. All instruments under seal are spoken of as deeds, but the term deed is usually understood as applying to conveyances of land. Every person capable of holding lands (excepting idiots, persons of unsound minds, and infants), seized of or entitled to any estate or interest in lands, may alien such estate or interest at pleasure, subject to the restrictions and regulations prescribed by law. In nearly all of the States of the American Union every grant in fee, or of a freehold estate, must be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful agent; if not duly acknowledged before its delivery, its execution must be attested by one or more witnesses (the number varies in the different States) and if not so attested it will not take effect as against a purchaser or encumbrancer until so acknowledged. A deed will not take effect, so as to vest the estate or interest intended to be conveyed, except from the time of its de

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