and by a secret bargain with the debtor ob- the deed itself; and in consideration of the tain an advantage over the other creditors. assignment the creditors who become parCrossley v. Moore, 40 N. J. Law (11 Vroom) ties generally agree to release all their debts 27, 34. beyond what the funds will satisfy. John T. Hardie's Sons & Co. v. Scheen, 34 South. 707, 708, 110 La. 612.

A composition agreement is an act of Comp. St. 1901, p. 3418], authorizing a "comfavor and indulgence on the part of credit-position" by the debtor with a creditor, the ors, but when it is signed and delivered favor ceases, and the debtor, in the absence of any waiver by the creditors, is remanded again to the law, which requires of him a strict compliance if he would avail himself of its advantages. Chapman v. Dennison Paper Mfg. Co., 77 Me. 205, 210.

COMPOSITION OF MATTER.

Under a patent to the discoverer of a new manufacture or "composition of matter" not known or used by others before his discovery or invention, the franchise or sole right to use, and vend to others to be used, covers the new composition or substance itself, and not merely the process of manufacture. Goodyear v. Central R. Co. of New Jersey (U. S.) 10 Fed. Cas. 664.

Inventors of a new and useful "composition of matter" duly secured by letters patent are entitled to the same protection as the owners of a patent for a new and useful art, machine, or manufacture, and the rules and regulations in suits for infringement are the same in all material respects. A claim in a patent for a bronze dressing for leather as a new article of manufacture, composed of spirit varnish and aniline fuchsine, with or without the addition of aniline blue or bronze powder, covers a patentable invention. Cahill v. Brown (U. S.) 4 Fed. Cas.

Century Dictionary as "composed of two or more elements, parts, or ingredients; not simple." An article of food, which is produced by abstracting from the natural fruit a valuable part, such as the extracting the oil of the cocoa bean for the manufacture of cocoa, is not a "compound" or "mixture." under Acts March 20, 1884, as amended April 22, 1890, prohibiting the adulteration of foods. Rose v. State of Ohio, 11 Ohio Cir. Ct. R. 87, 91, 92, 5 O. C. D. 72, 74.

The term "compound" signifies, in chemistry, a substance formed by a chemical union of its constituent elements, and never a simple mixture in which a chemical union of the ingredients does not occur. In pharmacy, on the other hand, a "compound" is merely a mixture of different ingredients, without reference to chemical union. The verb "to compound" means to mix or prepare. To "compound" a prescription is to prepare it for use, or put together the different articles specified in a prescription so as to be fit for the patient; and this is the ordinary and common use of the word with drug"Compositions of glass or paste, when gists. A "compounded" drug is a drug made not set," as used in Tariff Act March 3, 1883, | up of other articles, drugs, or chemicals mixincludes merchandise, consisting of glass disks of various colors and sizes, colored and cut in imitation of precious stones. United States v. Popper (U. S.) 66 Fed. 51, 52, 13 C. C. A. 325.

1005.

The expression "composition of matter," as used in the patent act of 1836, authorizing the granting of patents for any new and useful art, machine, manufacture, or a composition of matter, does not include a jail. Jacobs v. Baker, 74 U. S. (7 Wall.) 295, 297, 19 L Ed. 200.

COMPOSITION PROCEEDING.

A "composition proceeding" in bankruptcy is a stage in the proceedings resulting in a decree for a discharge. It intercepts the progress of such proceedings, and supersedes the judicial scrutiny which any creditor may promote touching any of the matters specified as grounds of objections to a discharge. Smith v. Morganstern (U. S.) 2 Fed. 674, 676.

COMPOSITION PUMICE STONE.

"Composition pumice stone" consists of ground pumice stone mixed with clay, in the form of bricks or cakes. Waddell & Co. v. United States (U. S.) 124 Fed. 301.

COMPOUND.

See "Explosive Compound.”

The noun "compound" is defined by Webster's Dictionary as "that which is compounded or formed by the union or mixture of elements, ingredients, or parts." And the same word "compound" is defined in the

ed together by trituration, by rubbing together, or by dissolving, etc. Such an article is not a single definite chemical substance, but "compounded" by the mere mixture of two or more chemical substances, each of which retains its own separate properties, which is not true of a chemical compound. United States v. Stubbs (U. S.) 91 Fed. 608610.

"Compounded," as used in the war reve nue act of 1898 (Act June 13, 1898, c. 448, § 20, 30 Stat. 456 [U. S. Comp. St. 1901, p. 2297]), has its ordinary and common meaning of "mixed." It certainly has no special meaning with pharmacists which is generally understood and established. J. Ellwood Lee Co. v. McClain (U. S.) 106 Fed. 164, 166.

"Compounds" are liquors produced by the union of several ingredients, with spirits as the base. Block v. Lewis, 5 Ohio Dec. 370, 5 Ohio N. P. 392.

As discharge of debt.

The word "compound" is defined as "to compromise; to effect a composition with a creditor; to obtain discharge from a debt by the payment of a smaller sum;" and hence, under a statute providing that a county court has authority to "compound for" or release in full or in part any debt due the county, it has not authority to purchase claims against a creditor of the county to be offset against his claim. First Nat. bank v. Malheur County, 45 Pac. 781, 783, 30 Or. 420, 35 L. R. A. 141.

"To compound a debt" is to abate a part on receiving the residue. To abate the whole cannot, in any grammatical or common use of the word, be said to be considered a

"composition" with the debtor. Haskins v. tion more than one offense has been commitNoewcomb, 2 Johns. 405, 408.

Within 5 & 6 Vict. c. 122, relating to the filing of an admission of an indebtedness by a debtor summoned by his creditor, and requiring in section 14 that the debtor, within 14 days after filing his admissions, shall pay or tender to his creditor the amount of the debt, or secure or compound for the same to his satisfaction, "compounding" means an entering into stipulations with the creditors which they are satisfied with at the time. Pennell v. Rhodes, 9 Q. B. 114, 129.

COMPOUND INTEREST.

The words "compound interest" mean interest added to the principal as the former becomes due, and thereafter made to bear interest. Rev. Codes N. D. 1899, § 5136; Civ. Code S. D. 1903, § 2470; Rev. St. Okl. 1903, § 2809; Hovey v. Edmison, 22 N. W. 594, 599, 3 Dak. 449; United States Mortg. Co. v. Sperry (U. S.) 26 Fed. 727, 730.

"Compound interest" signifies the adding of the growing interest of any sum to the sum itself, and then the taking of interest on this accumulation. Camp v. Bates, 11 Conn. 487, 501.

ted, the indictment may charge the several

offenses, and that the defendant may be con victed of any offense included therein, means every particular transaction constituting in itself two or more offenses. State v. Ridley, 48 Iowa, 370, 372.

COMPOUND OF PYROXYLIN.

Umbrella sticks of wood having celluloid handles are not subject to duty under paragraph 17, Schedule A, § 1, c. 11, Tariff Act July 24, 1897, 30 Stat. 152 [U. S. Comp. St. 1901, p. 1628], imposing a duty on articles of which any "compound of pyroxylin" is the component material of chief value, notwithstanding that the handles made of collodion constitute the chief value. United States v. Borgfeldt (U. S.) 124 Fed. 304.

COMPOUNDED WINE.

As used in an act relating to the adulteration of wine, the words "compounded wine" mean any wine which contains less than 75 per cent. of pure undried grape juice, and is otherwise pure, and all wines containing alcohol or any other distilled spirits not produced by the natural fermentation of pure undried grapes. Bates' Ann. St. Ohio 1904, § 4200-59. sum

"Compounding interest" is the charging of interest against a debtor upon a which has accrued as interest upon the principal debt. Woods v. Rankin, 49 Tenn. (2 COMPOUNDING A FELONY. Heisk.) 46, 48.

COMPOUND LARCENY.

Larceny or theft at common law is distinguished into two sorts, the one called "simple larceny" or "plain larceny," unaccompanied with any other atrocious circumstance, and "mixed" or "compound larceny," which also includes in it the aggravation of a taking from one's house or person. Simple larceny, then, is the felonious taking and carrying away of the personal goods of another. Mixed or compound larceny is such as has all the properties of the former-simple larceny-but is accompanied by either one or both of the aggravations of taking from one's house or person. "Larceny from the person" is either by privately stealing from a man's person, as by picking his pocket, or by open and violent assault. "Open and violent larceny from a person," or "robbery," is the felonious and forcible taking from the person of another of goods or money, of any value, by violence or putting him in fear. Anderson v. Winfree, 4 S. W. 351, 352, 85 Ky. 597.

COMPOUND OFFENSE.

The term "compound offense," as used in Lode, § 4300, providing that in cases of compound offenses, where in the same transac

The crime of "compounding a felony" includes the taking of a promissory note as a consideration for not prosecuting for theft, and it is not necessary to return the goods taken or other goods, in order to constitute the crime. Commonwealth v. Pease, 16 Mass. 91, 93.

Compounding a felony "is the offense of taking a reward for forbearing to prosecute a felony, as where a party robbed takes his goods again, or other amends, on an agreement not to prosecute." Watson v. State, 29 Ark. 299, 301.

"Composition of criminal proceedings," as used in a statute forbidding any composition of certain criminal proceedings in which the prosecutor is entitled to a certain penalty, means "an adjustment of the demand by a payment of a part in satisfaction of the whole. To 'compound a debt' is to abate a part on receiving the residue. To abandon the whole cannot, in any grammatical or common use of the word, be said or considered to be a 'composition' with the debtor. It is in this sense that Mr. Blackstone understood the word (4 Comm. 136) when he spoke of the offense of compounding of information under the penal statute as being of an equivalent nature with champerty." Haskins v. Newcomb (N. Y.) 2 Johns. 405, 408.

COMPREHEND.

Webster defines the word "comprehend" as synonymous with the word "include." Farmers' Nat. Bank v. Cook, 32 N. J. Law (3 Vroom) 347, 351.

Code La. 1900, art. 3071; Sharp v. Knox, 4
La. 456, 460.

"To 'compromise' is to adjust a dispute by mutual concession. To 'negotiate' means substantially the same thing-to effect something, or an effort to effect something, by treaty or agreement. Negotiations and compromises exclude the idea of actual resort to hostile litigation." Attrill v. Patterson, 58 Md. 226, 245.

Where a deed describes the land as all a certain tract of land, called by a certain name and situated in a certain county, and comprehending the lots laid down in a certain survey, the word "comprehending" imports a purchase by metes and bounds, and the grantee is entitled to no more than the land within the limits of such survey. Jones' Devisees v. Carter (Va.) 4 Hen. & M. 184, gard to compromise was proper in such a

188.

COMPRESSOR.

A "compressor" (a nautical term) is a somewhat recent device, placed a little forward of the windlass, in the direction of each hawse pipe, designed to keep the hawser in place, and to steady and relieve in some measure the strain on the windlass. The Alaska (U. S.) 23 Fed. 597, 599.

COMPRISE.

Webster defines the word "comprise" as synonymous with "include." Farmers' Nat. Bank v. Cook, 32 N. J. Law (3 Vroom) 347,

351.

In a statute providing that, on an appeal from an order of the judge of a court of equity denying an injunction, the clerk shall forthwith transmit the original papers, comprising the bill of petition and exhibits and the court's order of refusal to the court of appeals, and the said court shall hear and determine the appeal, the word "comprising" should be construed as determining what are the original papers, which are only to be transmitted, and on which the decision of the court may be given, although the word "comprising" does not under all circumstances imply including only the things enumerated. Steigerwald v. Winans, 17 Md. 62, 66.

COMPROMISE.

"Compromise" is defined as an agreement made between two or more parties as a settlement of matters in dispute between them. Treitschke v. Western Grain Co., 6 N. W. 427, 10 Neb. 358 (quoting 1 Bouvier, Law Dict. 308); Chilton v. Willford, 2 Wis. 1, 6, 40 Am. Dec. 399.

A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing. Civ.

Taking one's property from him without consideration and against his will can no more be called "compromise" than robbery, so that the refusal of an instruction in re

case. Landa v. Obert, 25 S. W. 342, 346, 5 Tex. Civ. App. 620.

Concessions must be mutual.

A "compromise" is defined to be a settlement of differences by mutual concessions; a mutual surrendering of opposing claims; the surrender of some right or claimed right in consideration of a like surrender of some counterclaim. Continental Nat. Bank v. McGeoch, 66 N. W. 606, 614, 92 Wis. 286; Rankin v. Schofield, 66 S. W. 197, 198, 70 Ark. 83; Gregg v. Town of Weathersfield, 55 Vt. 385, 387.

Every compromise involves an admission or concession to some extent of the claims of the other party. Rankin v. Schofield, 66 S. W. 197, 198, 70 Ark. 83.

Compromise "is the yielding of something by each of two parties, and can only exist when something is yielded by each party to it." Bellows v. Sowles, 55 Vt. 391, 399, 45 Am. Rep. 291.

As discharge or release.

"Compromise" is defined to mean to adjust by mutual concession; to settle without resort to law; to compound. A finding that one party had discharged another of an obligation was supported by evidence that his claim against the other had been settled by compromise. Rivers v. Blom, 63 S. W. 812, 813, 163 Mo. 442.

The word "compromise," as contained in a power of attorney authorizing the attorney to "sue for, settle, compromise and adjust all matters and things," means an agreement made between two or more parties as a settlement of the matters in dispute, and, where the title to land was in dispute at the time, the agent under such power of attorney was authorized to execute releases to the property. Smith v. Cantrel (Tex.) 50 S. W. 1081. 1085.

Involves a dispute.

In order to authorize a compromise, there must be a dispute as to the amount of a claim in good faith; a mere false claim-a sham one-set up without any colorable pre

"Compulsion" or "coercion," within the rule that a payment of money not owing was voluntary, and cannot be recovered unless its payment was procured by compulsion or coercion, is to be understood as importing some actual or threatened exercise of power pos- of