injured party, of its commission, will amount to conclusive

evidence of condonation.

CONFEDERACY.

Confederacy.-In criminal law, confederacy is an agreement, between two or more persons, to do an unlawful act or an act which, though not unlawful in itself, becomes so by the confederacy. This offense is the same as conspiracy.

CONFESSION.

Confession. The voluntary declaration made by a person who has committed a crime, to another, of the agency or participation which he had in the same. When a person is arraigned (that is, brought before a court to plead to or answer the charge against him) for an offense, if he acknowledges himself guilty, such acknowledgment is termed a confession, and is generally designated as a plea of "guilty."

Judicial Confessions are such as are made in open court or before a magistrate, in the due course of judicial proceedings.

Extra Judicial Confessions are those made by a defendant elsewhere than before a magistrate, or in open court.

Confessions are not admissible in evidence, when they are obtained by temporal inducement, by threats, promise or hope of favor, held out to the defendant in respect of his escape from the danger against him, by a person in authority. If an officer or person in authority over the prisoner informs him that it will be better for him to confess, and that it will not be as hard for him if he does-any confession made under such or similar inducements cannot be used against the prisoner. It is the officer's duty to inform the prisoner that any confession made will be used against him; then a confession will be admitted as evidence.

CONFESSION OF JUDGMENT.

CALIFORNIA, NEVADA, IDAHO, MONTANA AND ARIZONA. Judgment by Confession.-Judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner following:

Statement in Writing.-A statement in writing shall be made, signed by the defendant and verified by his oath, to the following effect:

1st. It shail authorize the entry of judgment for a specified

sum.

2d. If it be for money due or to become due, it shall state concisely the facts out of which it arose, and shall show that the sum confessed therefor is justly due or to become due.

3d. If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same.

Statement to be Filed.-The statement shall be filed with the clerk of the county in which the judgment is to be entered, who shall indorse upon it and enter in the judgment book a judgment of such court for the amount confessed, with ten dollars costs. The statement and affidavit, with the judgment indorsed, shall thereupon become the judgment roll.

Practice in Other States.-In some of the states where the statutes are similar to the foregoing, it is not uncommon to give a promissory note, and confess judgment for the sum to become due thereon, provided it is not paid at maturity. Indeed, the foregoing sections of the law expressly permit judgment to be confessed for sums to become due, in any form or manner, without limitation.

If the Form given below is made use of when the note is not yet due, the holder of the note should, as soon as it is due, take it to the clerk of the court, and order judgment and execution.

....

I, .... ...., defendant above-named, do hereby confess judgment in this case in favor of the said plaintiff, ...., for the sum of .... and ....... dollars and .... cents; and I hereby authorize the clerk of said court to enter a judgment therein therefor against me, for said sum of money, together with costs of entering the same. This confession of judgment is for a debt hereafter to become due, and owing to the said plaintiff upon the following promissory note:

[Time when due] after date, for value received, I promise to pay to .... [the plaintiff], the sum of .... and .... dollars and .... cents, together with interest on the same at the rate of per cent. per month.

....

......

....

[Signed]

the defendant above-named, being duly sworn, deposes and says, that the facts stated in the above confession are true of his own knowledge.

Sworn to before me this day of 18..

....

Confession of Judgment for Money due.

..........., county clerk.

I,

.... .....

for the sum of .... and .... dol

defendant above-named, do hereby confess judgment in this case in favor of said plaintiff, ... lars and .... cents; and I hereby authorize the clerk of said court to enter a judgment therein therefor against me for said sum, together with costs of entering the same, with legal interest thereon from date.

This confession of judgment is for a debt now justly due and owing to the said plaintiff, arising from the following facts, to wit: Money had and received åt said.... county, of the said plaintiff, for the use and benefit of the said defendant, at his special instance and request, at various times, between the of...., 18.., and the .... of 18.., amounting to said

....

}

the defendant above-named. being duly sworn, deposes nad

CONFESSION OF JUDGMENT, FORMS OF CONFIRMATION. 139

says, that the facts stated in the above confession are true, and further he saith not.

......

....

Deputy County Clerk.

Entry of Judgment on the Foregoing Confession.

In the district court of the .... judicial district of the State of California, in and for the county of ....

.......th, A.D. 18..

vs.

Register No. ....

In this action the defendant,

.... .....

having filed his confession of judgment, wherein he consents that judgment be entered in favor of the

.... .....

....

and

....

dollars and .... hun

attorney for plaintiff, ordered

plaintiff, for the sum of dredths ($....), on application of that judgment be entered in accordance with said confession. Wherefore, by reason of the law and the premises aforesaid, it is ordered, adjudged and decreed, that .... plaintiff, do have and recover of and defendant, the sum of .... and .... dollars ($....), and

from .... .... cents, with interest thereon at the rate of per cent. per annum from the date hereof until paid, together with said plaintiff's costs and disbursements incurred in this proceeding, amounting to the sum of.... dollars and .... cents ($....).

Judgment entered ........, A.D. 18..

I hereby certify the foregoing to be a true copy of the judgment entered in the above-entitled action.

....

Attest my hand and seal of said ........ district court, this .... day of A.D. 18..

Confirmation.-When a party, acting for himself or by previously authorized agent, has attemped to enter into a contract, but has done so in an informal or invalid manner, he confirms the act, and thus renders it valid, in which case it will take effect as between the parties from the original making.

ар

To make a Binding confirmation, the party must be prized of his rights; and where there has been a fraud in the transaction, he must be aware of it, and intend to confirm his contract.

CONFISCATE.

Confiscate.-To appropriate to the use of the State.

CONFUSION OF GOODS.

Confusion of Goods.-Such a mixture of the goods of two or more persons that they cannot be distinguished.

When this takes place by the mutual consent of the owners, they have an interest in the mixture in proportion to their respective shares; but where it is caused by the willful act of one party, without the other's consent, the one causing the mixture must separate them at his own peril, and must bear the whole loss.

CONSIDERATION.

Consideration.-The material cause which moves a contracting party to enter into a contract. The price, or matter of inducement to a contract, whether it be the compensation which is paid, or the inconvenience which is suffered by the party from whom it proceeds.

Equitable Considerations, are moral considerations.

Executed Considerations, are those done or received, before the obligor made the promise.

Executory Considerations, are those by which it is undertaken to do something at a future time.

Good Considerations, are those of blood, natural love or affection, and the like. Motives of natural duty, generosity, affection borne toward relations, etc., come under this class. Love or affection are sufficient considerations for the conveyance of land.

Gratuitous Considerations, are those which are not founded on such a deprivation or injury to the promisee as to make the consideration valid at law.

Illegal Considerations, are agreements to do things contrary to law.