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Transcriber's notes:

Characters following a carat were originally printed in superscript.

Side-notes were relocated to function as titles of their respective paragraphs.

Letters topped by Macron are represented as .

The following typographical errors have been corrected:

Article COPPER: "Vessels of several designs are used--some modelled exactly after steel converters, others barrel-shaped, but all with side tuyeres elevated about 10 in. above the level of the bottom lining." 'others' amended from 'other'.

Article COPYRIGHT: "The obsolete copyright of the crown in Lilly's Latin Grammar was founded on the fact of its having been drawn up at the king's expense. The universities have a joint right of printing acts of parliament." 'parliament' amended from 'parliment'.

ENCYCLOPAEDIA BRITANNICA

A DICTIONARY OF ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION

ELEVENTH EDITION

Convention to Copyright

Articles in This Slice:

CONVENTION COOPER, THOMAS CONVENTION, THE NATIONAL COOPER, THOMAS SIDNEY CONVERSANO COOPERAGE CONVERSION COOPERAGE CONVEX CO-OPERATION CONVEYANCE COOPERSTOWN CONVEYANCING COOPER UNION CONVEYORS CO-OPTATION CONVOCATION COORG CONVOLVULACEAE COORNHERT, DIRCK VOLCKERTSZOON CONVOY COOT CONVULSIONS COOTE, SIR EYRE CONWAY, HENRY SEYMOUR COPAIBA CONWAY, HUGH COPAL CONWAY, MONCURE DANIEL COPALITE CONWAY, SIR WILLIAM MARTIN COP?N CONWAY COPARCENARY CONYBEARE, WILLIAM DANIEL COPE, EDWARD DRINKER CONYBEARE, WILLIAM JOHN COPE, EDWARD MEREDITH COODE, SIR JOHN COPE COOK, ALBERT STANBURROUGH COPELAND, HENRY COOK, EDWARD DUTTON COPENHAGEN COOK, ELIZA COPERNICUS, NICOLAUS COOK, JAMES COPIAP? COOK, THOMAS COPING COOK ISLANDS COPLAND, ROBERT COOKE, GEORGE FREDERICK COPLESTON, EDWARD COOKE, JAY COPLEY, JOHN SINGLETON COOKE, ROSE TERRY COPP?E, FRAN?OIS ?DOUARD JOACHIM COOKERY COPP?E, HENRY COOKSTOWN COPPER COOKTOWN COPPERAS COOKWORTHY, WILLIAM COPPER-GLANCE COOLGARDIE COPPERHEADS COOLIE COPPERMINE COOMA COPPER-PYRITES COOPER, ABRAHAM COPPICE COOPER, ALEXANDER COPRA COOPER, SIR ASTLEY PASTON COPROLITES COOPER, CHARLES HENRY COPTOS COOPER, JAMES FENIMORE COPTS COOPER, PETER COPYHOLD COOPER, SAMUEL COPYING MACHINES COOPER, THOMAS COPYRIGHT COOPER, THOMAS

CONVENTION, THE NATIONAL, in France, the constitutional and legislative assembly which sat from the 20th of September 1792 to the 26th of October 1795 . On the 10th of August 1792, when the populace of Paris stormed the Tuileries and demanded the abolition of the monarchy, the Legislative Assembly decreed the provisional suspension of the king and the convocation of a national convention which should draw up a constitution. At the same time it was decided that the deputies to that convention should be elected by all Frenchmen 25 years old, domiciled for a year and living by the product of their labour. The National Convention was therefore the first French assembly elected by universal suffrage, without distinctions of class. The age limit of the electors was further lowered to 21, and that of eligibility was fixed at 25 years.

According to its own ruling, the Convention elected its president every fortnight. He was eligible for re-election after the lapse of a fortnight. Ordinarily the sessions were held in the morning, but evening sessions were also frequent, often extending late into the night. Sometimes in exceptional circumstances the Convention declared itself in permanent session and sat for several days without interruption. For both legislative and administrative purposes the Convention used committees, with powers more or less widely extended and regulated by successive laws. The most famous of these committees are those of Public Safety, of General Security, of Education .

See FRENCH REVOLUTION; GIRONDISTS; MOUNTAIN; DANTON; ROBESPIERRE; MARAT, &c.

CONVERSANO, a town and episcopal see of Apulia, Italy, in the province of Bari, 17 m. S.E. by rail from the town of Bari. Pop. 13,685. It has a fine southern Romanesque cathedral of the end of the 11th century, with a modernized interior, and a castle which from 1456 belonged to the Acquaviva family, dukes of Atri and counts of Conversano. The convent of S. Benedetto is one of the earliest offshoots of Montecassino. . Here, or in the vicinity, is the site of the unimportant ancient town of Norba.

CONVERSION , a general term for the operation of converting, changing, or transposing; used technically in special senses in logic, theology and law.

Considerable discussion has centred on the problem as to whether the process of conversion can properly be regarded as inference. The essence of inference is that the conclusion should embody knowledge which is not in the premise or premises, and many logicians have contended that no fact is stated in the converse which was not in the convertend, or, in other words, that conversion is merely a transformation or verbal change of the same statement. Hence the term Eductions and Equivalent Propositional Forms have been given to converse propositions. It is clear, for instance, that if the universal affirmative is taken connotatively as a scientific law, and not historically, no real inference is achieved by stating as another scientific fact its converse, the particular affirmative. Moreover, even if the convertend is stated as an historic fact, though there is acquired a certain new significance, it may well be argued that the inference is not immediate but syllogistic.

The gist of the action is in the unauthorized dealing, for however short a time and for however limited a purpose, with the personal property of another. Even refusal to deliver up to the owner is sufficient to prove conversion, though it is often made the ground of an action for detinue, if the plaintiff desires to have the property returned in specie. The knowledge, motive or good faith of the person wrongfully dealing with the property of another is for civil purposes immaterial, and the action is often brought to try the title of two claimants to the same goods; e.g. where a person who has innocently bought or taken in pledge goods stolen or illegally procured resists the claim of the original owner for the return of the goods. A warehouseman may render himself liable to the owner of goods deposited with him, through delivering the goods to a third person on a forged authority or without authority, or by issuing a warehouse receipt representing the goods to be in his possession or control when they have ceased to be so.

The exact measure of compensation due to a plaintiff whose goods have been wrongfully converted may be merely nominal if the wrong is technical and the defendant can return the goods; it may be limited to the actual damage where the goods can be returned, but the wrong is substantial; but in ordinary cases it is the full value to the owner of the goods of which he has been deprived.

Fraudulent conversion by any person to his own use of property entrusted to him is a crime in the case of custodians of property, factors, trustees under express trusts in writing .

The law of Ireland, of most British possessions, and of the United States, follows that of England as to the civil or criminal remedies for conversion.

The term "conversion" is also used in English law with reference to the rule of courts of equity which, in certain cases , treats as converted into personalty land which has been directed so to be converted by a will, contract or settlement, or as converted into land personalty which has been by such instrument directed to be applied for purchase of realty. The rule is also applied where a vendor of land dies between the making of the contract of sale and its completion by conveyance of the land. The importance of the rule lies in the different destination of realty and personalty under the laws relating to inheritance and succession.

FOOTNOTES:

A term is said to be "distributed" when it is taken universally: in the proposition "men are mortal" the term "men" is "distributed" while "mortal" is undistributed, because there are mortal beings which are not men.

CONVEX , a term for the exterior side of a curved or rounded surface, as opposed to "concave" , the inner surface.

CONVEYANCING, in English law, the art or science of conveying or effecting the transfer of property, or modifying interests in relation to property, by means of written documents.

History.

In its popular usage the word "conveyance" signifies the document employed to carry out a purchase of land. But the term "conveyancing" is of much wider import, and comprises the preparation and completion of all kinds of legal instruments. A well-known branch of the conveyancer's business is the investigation of title--an important function in the case of purchases or mortgages of real estate. With personal estate he has perhaps not so much concern. Chattels are usually transferred by delivery, and stocks or shares by means of printed instruments which can be bought at a law-stationer's. The common settlements and wills, however, deal wholly or mainly with personal property; and an interest in settled personalty is frequently the subject of a mortgage. Of late years, also, there has been an enormous increase in the volume of conveyancing business in connexion with limited joint-stock companies.

Contracts for sale.

It is not usual for land to be sold without a formal agreement in writing being entered into. This precaution is due, partly to the Statute of Frauds , which renders a contract for the sale of land unenforceable by action "unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized," and partly to the fact that there are few titles which can with prudence be exposed to all the requisitions that a purchaser under an "open contract" is entitled by law to make. Such a purchaser may, for example, require a forty years' title . Under an open contract a vendor is presumed to be selling the fee-simple in possession, free from any incumbrance, or liability, or restriction as to user or otherwise; and if he cannot deduce a title of the statutory length, or procure an incumbrance or restriction to be removed, the purchaser may repudiate the contract. The preparation of an agreement for sale involves accordingly an examination of the vendor's title, and the exercise of skill and judgment in deciding how the vendor may be protected against trouble and expense without prejudice to the sale. Upon a sale by auction the agreement is made up of the particulars, which describe the property; the conditions of sale, which state the terms upon which it is offered; and the memorandum or formal contract at the foot of the conditions, which incorporates by reference the particulars and conditions, names or sufficiently refers to the vendor, and is signed by the purchaser after the sale. The object of the agreement, whether the sale is by private contract or by auction, is to define accurately what is sold, to provide for the length of title and the evidence in support of or in connexion with the title which is to be required except so far as it is intended that the general law shall regulate the rights of the parties, and to fix the times at which the principal steps in the transaction are to be taken. It is also usual to provide for the payment of interest at a prescribed rate upon the purchase money if the completion shall be delayed beyond the day fixed for any cause other than the vendor's wilful default, and also that the vendor shall be at liberty to rescind the contract without paying costs or compensation if the purchaser insists upon any requisition or objection which the vendor is unable or, upon the ground of expense or other reasonable ground, is unwilling to comply with or remove. Upon a sale by auction it is the rule to require a deposit to be paid by way of security to the vendor against default on the part of the purchaser.

Abstract of title.

Requisitions.

The signature of the agreement is followed by the delivery to the purchaser or his solicitor of the abstract of title, which is an epitome of the various instruments and events under and in consequence of which the vendor derives his title. A purchaser is entitled to an abstract at the vendor's expense unless otherwise stipulated. It begins with the instrument fixed by the contract for the commencement of the title, or, if there has been no agreement upon the subject, with an instrument of such character and date as is prescribed by the law in the absence of stipulation between the parties. From its commencement as so determined the abstract, if properly prepared, shows the history of the title down to the sale; every instrument, marriage, birth, death, or other fact or event constituting a link in the chain of title, being sufficiently set forth in its proper order. The next step is the verification of the abstract on the purchaser's behalf by a comparison of it with the originals of the deeds, the probates of the wills, and office copies of the instruments of record through which the title is traced. The vendor is bound to produce the original documents, except such as are of record or have been lost or destroyed, but, unless otherwise stipulated, the expense of producing those which are not in his possession falls upon the purchaser . After being thus verified, the abstract is perused by the purchaser's advisers with the object of seeing whether a title to the property sold is deduced according to the contract, and what evidence, information or objection, in respect of matters appearing or arising upon the abstract, ought to be called for or taken. For this purpose it is necessary to consider the legal effect of the abstracted instruments, whether they have been properly completed, whether incumbrances, adverse interests, defects, liabilities in respect of duties, or any other burdens or restrictions disclosed by the abstract, have been already got rid of or satisfied, or remain to be dealt with before the completion of the sale. The result of the consideration of these matters is embodied in "requisitions upon title," which are delivered to the vendor's solicitors within a time usually fixed for the purpose by the contract. In making or insisting upon requisitions regard is had, among other things, to any special conditions in the contract dealing with points as to which evidence or objection might otherwise have been required or taken, and to a variety of provisions contained in the Vendor and Purchaser Act 1874, and the Conveyancing Act 1881, which apply, except so far as otherwise agreed, and of which the following are the most important: Recitals, statements and descriptions of facts, matters and parties contained in instruments twenty years old at the date of the contract are, unless proved inaccurate, to be taken as sufficient evidence of the truth of such facts, matters and descriptions; a purchaser cannot require the production of, or make any requisition or objection in respect of, any document dated before the commencement of the title; the cost of obtaining evidence and information not in the vendor's possession must be borne by the purchaser. The possibility of the rescission clause now commonly found in contracts for the sale of real estate being exercised in order to avoid compliance with an onerous requisition, is also an important factor in the situation. The requisitions are in due course replied to, and further requisitions may arise out of the answers. A summary method of obtaining a judicial determination of questions connected with the contract, but not affecting its validity, is provided by the Vendor and Purchaser Act 1874. Before completion it is usual for the purchaser to cause searches to be made in various official registers for matters required to be entered therein, such as judgments, land charges, and pending actions, which may affect the vendor's title to sell, or amount to an incumbrance upon the property.

Conveyances.

THIS INDENTURE made the day of between A. B. of, &c., of the one part and C. D. of, &c., of the other part WHEREAS the said A. B. is seised of the messuage hereinafter described and hereby conveyed for an estate in fee simple in possession free from incumbrances and has agreed to sell the same to the said C. D. for ?100 NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of ?100 paid to the said A. B. by the said C. D. the said A. B. as beneficial owner doth hereby convey unto the said C. D. ALL THAT messuage or tenement situate &c., and known as, &c. TO HOLD the premises unto and to the use of the said C. D. his heirs and assigns And the said A. B. doth hereby acknowledge the right of the said C. D. to production and delivery of copies of the following documents of title and doth undertake for the safe custody thereof IN WITNESS, &c.

It will be observed that throughout the deed there are no stops, the commencement of the several parts being indicated by capital letters. The draft conveyance having been approved on behalf of the vendor, it is engrossed upon stout paper or parchment, and there remains only the completion of the sale, which usually takes place at the office of the vendor's solicitor. A purchaser is not entitled to require the vendor to attend personally and execute the conveyance in his presence or that of his solicitor. The practice is for the deed to be previously executed by the vendor and delivered to his solicitor, and for the solicitor to receive the purchase-money on his client's behalf, since a purchaser is, under the Conveyancing Act 1881, safe in paying the purchase-money to a solicitor producing a deed so executed, when it contains the usual acknowledgment by the vendor of the receipt of the money. Upon the completion, the documents of title are handed over except in the case above referred to, and any claims between the parties in respect of interest upon the purchase-money, apportioned outgoings, or otherwise, are settled. The conveyance is, of course, delivered to the purchaser, upon whom rests the obligation of affixing the proper stamp--which he may do without penalty within thirty days after execution . It may be added that, subject to any special bargain, which is rarely made, the costs of the execution by the vendor and other parties whose concurrence is necessary, and of any act required to be done by the vendor to carry out his contract, are borne by the vendor.

Leases.

Assignment of leaseholds.

Upon the sale and conveyance of a leasehold property substantially the same procedure is observed as above indicated in the case of a freehold. A few additional points, however, may be specially mentioned. Under an open contract the vendor cannot be called upon to show the title to the freehold reversion . Accordingly, the abstract of title begins with the lease, however old; but the subsequent title need not be carried back for more than forty years before the sale. The purchaser, apart from stipulation, must assume, unless the contrary appears, that the lease was duly granted, and upon production of the receipt for the last payment due for rent before completion, that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion. The appropriate word of conveyance is "assign," and a conveyance of leaseholds is generally called an assignment. The vendor's covenants for title implied by his assigning "as beneficial owner" include, in addition to the covenants implied by those words in a conveyance of freehold, a covenant limited in manner above mentioned, that the lease is valid, and that the rent and the provisions of the lease have been paid and observed up to the time of conveyance . Where the vendor, as is the common case, remains liable after the assignment for the rent and the performance of the covenants, the purchaser must covenant to pay the rent, and perform and observe the covenants and provisions of the lease, and keep the vendor indemnified in those respects.

Mortgages.

A mortgage is prepared by the solicitor of the mortgagee, and the mortgagor bears the whole expenses of the transaction. It is seldom that there is any preliminary agreement, because a contract to lend money is not specifically enforceable; and inasmuch as the primary object of a mortgagee is to have his money well secured, he is not, generally, willing to submit to restrictions as to title or evidence of title which might give rise to difficulty or expense in the event of a sale of the mortgaged property. An intending mortgagor is accordingly required to show a title easily marketable, and to verify it at his own cost. A mortgage follows the same general form as a conveyance on sale, the principal points of difference being that the conveyance of the property is preceded by a covenant for the payment of the mortgage money and interest, and followed by a proviso for reconveyance upon such payment, and by any special provisions necessary or proper in the circumstances, such as a covenant for insurance and repairs where the security comprises buildings. The covenants for title implied by a mortgagor conveying "as beneficial owner" are the same as in the case of a vendor, but they are absolute and not qualified in the manner above pointed out.

The beneficial operation of the Conveyancing Act 1881 in shortening conveyances is well illustrated by a modern mortgage. For, by virtue of the act, a mortgagee by deed executed after its commencement has, subject to any contrary provisions contained in the deed, the following powers to the like extent as if they had been conferred in terms: a power of sale exercisable after the mortgage money has become due if notice requiring payment has been served and not complied with for three months, if any interest is in arrear for two months, or there has been a breach of some obligation under the deed or the act other than the covenant for payment of the mortgage money or interest; a power to insure subject to certain restrictions; a power, when entitled to sell, to appoint a receiver; and a power while in possession to cut and sell timber. The act contains ancillary provisions enabling a mortgagee upon a sale to convey the property for such estate or interest as is the subject of the mortgage, and to give a valid receipt for the purchase-money, and the purchaser is amply protected against any irregularities of which he had no notice. There are also large powers of leasing conferred by the act upon mortgagor and mortgagee while respectively in possession, and a power for the mortgagor, whilst entitled to redeem, to inspect and take copies of title-deeds in the mortgagee's possession. The elaborate provisions for all these purposes which were formerly inserted in mortgage deeds are now omitted; but sometimes the operation of the act is modified in certain respects. The procedure upon a sale by a mortgagee is the same as in the case of any other vendor. He conveys, however, "as mortgagee," these words implying only a covenant by him against incumbrances arising from his own acts.

Settlements.

The normal trusts after the marriage are for investment; for payment of the income of the husband's property to him for life, and of the wife's property to her for life for her separate use without power of anticipation whilst under coverture; for payment to the survivor for his or her life of the income of both properties; after the death of the survivor, both as to capital and income, for the issue of the marriage as the husband and wife shall jointly by deed appoint, and in default of joint appointment as the survivor shall by deed or will appoint, and in default of such appointment for the children of the marriage who attain twenty-one, or being daughters marry, in equal shares, with the addition of a clause precluding a child who or whose issue takes a part of the fund by appointment from sharing in the unappointed part without bringing the appointed share into account. Then follows a power for the trustees with the consent of the parents whilst respectively living to raise a part of the share of a child and apply it for his or her advancement or benefit. Power to apply income, after the death of the life tenants, for the maintenance and education of infants entitled in expectancy, is conferred upon trustees by the Conveyancing Act 1881. The ultimate trusts in the event of there being no children who attain vested interests are of the husband's property for him absolutely; and of the wife's property for such persons as she shall when discovert by deed, or whether covert or discovert by will, appoint, and in default of appointment, for her absolutely if she survive the husband, but if not, then for her next of kin under the Statute of Distributions, excluding the husband. For all ordinary purposes the trustees have now under various statutes sufficient powers and indemnities. They may, however, in some cases need special protection against liability. A power of appointing new trustees is supplied by the Trustee Act 1893. It is usually made exercisable by the husband and wife during their joint lives, and by the survivor during his or her life.

Wills.

It remains to mention that by the Land Transfer Act 1897 a system of compulsory registration of title, limited to the county of London, was established.

Constitutional provisions have been found to prevent or embarrass legislation in these directions in some of the states, but it is believed that they are nowhere such as cannot be obeyed without any serious encroachment on the principles of the new system .

Conveyances which have been duly recorded become of comparatively little importance in the United States. The party claiming immediately under them, if forced to sue to vindicate his title, must produce them or account for their loss; but any one deriving title from him can procure a certified copy of the original conveyance from the recording officer and rely on that. Equitable mortgages by a deposit of title-deeds are unknown.

The general prevalence of public registry systems has had an influence in the development of American jurisprudence in the direction of supporting provisions in wills and conveyances, which, unless generally known, might tend to mislead and deceive, such as spendthrift trusts .

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