Page:The New International Encyclopædia 1st ed. v. 05.djvu/373

* CONSOLE. 317 CONSPIEACY. CONSOLE, kon'sol (Fr., probably ultimately from Lat. cunsolidarf, to strengthen, from coin-, t(.gellier + solidiis, firm), in architecture, a ])rojection resembling a bracket or corbel, fre- quently in the form of a letter S or of a single or double scroll, used to supi)ort cornices, or sometimes busts, vases, figures, etc. Consoles are often richly ornamented, and are, in fact, almost purely decorative features, difi'ering in this from brackets (q.v.) and corbels (q.v.), which have a structural function. CONSOLIDATION (Lat. consoUdatio, from coHSoiirf<(/-c, to strengthen) ACTS. Statutes which combine in a single act all previous statutes re- lating to, and coming under, the same general subject-matter. As a general rule, this cannot be done liv a mere collocation, or gathering to- gether under one head, of acts of dili'ercnt dates in their original form: but they must be re- written, arranged in sections, all inconsistencies and surplusage be omitted, and xuiiformity of expression obtained, so that the whole may be a complete and logical act. Frequently, in order to do this, amendments to many of the measures which it is i^roposed to bring together are passed, and then they are reenaeted by the consolidation act. The meanings of various technical terms in the statutes are usually defined and explained in a sort of prefix, which is made a, part of the whole, and is thus binding on the courts. The acts which are consolidated, and thereby super- seded, are repealed by an express provision in the same measure. Consolidation measures have proved successful in England in rendering their statute law more simple and concise. Several of the United States have followed the idea, but generally have gone further, and enacted all the existing law on a given subject, wliether con- tained in .statutes or decisions, and the result is more in the nature of a codification act than a consolidation act as known in England. See Code; Revised Statutes. CONSOLS. A contraction of the words 'con- solidated annuities.' In incurring the English debt, the Government borrowed money at differ- ent periods on special conditions, being generally the payment of an annuity of so much per cent, on the sura borrowed. Great confusion arose from the variety of stocks thus created, and it was thought expedient to strike an average of their value, and consolidate them into one fund, kept in one account at the Bank of England. The Consolidated Annuities Act was passed in 1757. CONSONANCE (Lat. consonaiitia, from con- snniire, to soiuid together, from com-, together -)- sonare, to sound, from soiiws, Skt. svana, sound, from svan. to resound), or Concord. In music, the simultaneous soinding of two or more tones belonging to the same major or minor triad. The efTect upon the ear is entirely satisfying, so that further progression or resolution is not required, as it is in the case of dissonance (q.v.). This feeling of rest is attributed to the simple ratios existing between the number of vibrations of consonant intervals ; whereas the ratios between dissonant intervals are complex. Consonant intervals are the unison, perfect fourth, fifth, and octave, as well as major and minor thirds and sixths. (See Interval.) Chords formed by only consonant inter-a!s are consonant chords. They are of two kinds, major and minor triads; the major triad consisting of tonic, major third, and perfect fifth, the minor composed of tonic, minor third, and perfect fifth. See AcouSTlcs; CiiORi); Harmony; Thi.d. CONSONANT. See Lettebs. CONSORT (Lat. consors, partner, from com-, together -|- sors, lot; probably connected with Lat. scrcrc, Gk. etpcip, cirein, Skt. si, to join to- gether). A term applied to the husltand or wife of a reigning sovereign, viewed in a public capacity. 'hatever political inlluence may at- tach to the position, the probability that the consort will attempt to secure some share in the royal prerogative is naturally greater where the consort is the husband; and as the royal spouse is most frequently a foreigner, national legislatures have always been careful to restrict his activity to the ornamental functions of royalty. In some cases, however, the husbands of ruling sovereigns have been granted a share in the government, a notable instance being that of Ferdinand of Aragon, who on his marriage to Isabella of Castile was declared joint ruler of tluit country. CONSPIRACY (OF. conspiracie, conspiratie, from Lat. consjtirare, to conspire, from com-, together + spirare, to breatlie). As a criminal offense this has been judicially defined as "a com- bination by two or more persons, by some con- certed action, to accomplish an unlawful purpose, or to accomplish a purpose not in itself unlawful, by imlawful means." It will be observed that the gist of this offense is in the agreement or con- federation of the conspirators ; an overt act pur- suant to the agreement is not necessary to the completion of the crime, although, in most cases of conspiracy, such acts are performed. This doctrine of the common law has been changed by Federal legislation and by statutes in many of the United States. Under such legislation, the eonunission of an overt act to effect the ob- ject of the conspiracy is essential to consum- mate the crime ; but as soon as that act is done the offense of conspiracy is complete, and is not in any way affected by the nature or results of the act, even though the act be such that it could not possibly accomplish the conspirator's intention. When a conspiracy has been entered into, the conspirators become so related legally that the acts or statements of any of them in reference to the common jmrpose are admissible against all — each is the authorized agent of all. This rule often induces the public prosecutor to have persons indicted for a conspiracy, even when their confederation has resulted in the commis- sion of other crimes, such as treason or murder. Some of the more important common-law con- spiracies were those to conunit treason or sedi- tion, to murder, to cheat and defraud, and to maliciously injure another. They were mis- demeanors only. Statutory conspiracies, that is, acts declared by legislation to be punishable as conspiracies, have been raised to the rank of felonies, in some instances. Whether conspiracy is a civil 'rong of itself is a question upon which judges and writers differ. There is eminent authority for the view that it is a distinct tort — an actionable wrong, without respect to the consequences of tlie acts done pursuant to the confederation. The pre- vailing view at present, however, both in Eng-