1813, which in a more exacting form was made universal throughout the German Empire in 1887. Continental European nations generally have now adopted it in one form or another. In Eng land, the Ballot Act of 1860 provides that all males over 5 feet 2 inches in height, and between the ages of eighteen and thirty, be called upon to serve in the militia; but it is kept from enforcement by an annual army act passed for that purpose. During the Civil War President Lincoln several times recruited the armies of the North by levying drafts of men.

CONSCRIT DE 1813, kÔN’skre de mà lw sản trâz, LE. An historical novel by ErckmannChatrian (1864). The hero, Joseph Bertha, is a poor young man who relies on his physical disabilities to save him from military service, but who is forced to join the ranks. His story sets forth the author's solution of the problem of harmonizing patriotism with the hatred of war. CONSECRATION (Lat. consecratio, from consecrare, to hallow, from com-, together+ sacrare, to consecrate, from sacer, holy). The act of solemnly dedicating a person or thing to the service of God. It is one of the most widely spread of all religious ceremonies of the ancient world, having been practiced in Chaldea, Egypt, India, Judea, Greece, Rome, Britain, and other countries. In the Old Testament we read of the consecration or dedication of the first-born, both man and beast, to the Lord, also the dedication of the Levites, of the tabernacle and altar, of fields, houses, walls, etc. The custom of consecrating the places of public worship developed

in the Christian Church as soon as persecution ceased, when, according to Eusebius, "the sight was afforded so eagerly desired and prayed for by all the festivals of dedications and consecrations of the newly erected houses of prayer throughout the cities." Eusebius also describes the consecration of the church built at Jerusalem by Constantine in A.D. 335. The practice of consecrating religious edifices has continued in the Oriental, Roman, and Anglican churches. The forms, as found in the sacramentaries of Gelasius and Saint Gregory, were at the first very simple, but they were gradually developed until, in the Roman Catholic Church, the office of consecration became a long and impressive ceremony. It includes the placing in the altars of relics of the saints, the purification of the place with specially prepared holy water (called Gregorian Water because the formula for its benediction is first found in the sacramentary of Saint Gregory), and the anointing of the church in twelve speci: fied places with holy oil. The anniversary of this ceremony is kept as a festival of the first class. A church may not be consecrated until it is entirely free from debt; when the consecration is delayed, it is opened with a simple

form of benediction. The ceremonies in the Eastern churches are as elaborate and not dissimilar. In the Church of England each bishop is left to his own discretion as to the form to be adopted, but that most generally used is the form sent down by the bishops to the Lower House of Convocation in 1712. The American prayer book provides a simple form of prayer, which retains the old ceremony of the bishop knocking for entrance at the door of the church. For the consecration of bishops, see BISHOP; ORDERS,

HOLY; for that of the eucharistic elements, see MASS; LORD'S SUPPER.

CONSECUTIVES (Fr. consécutif, Sp., Port., It. consecutivo, from Lat. consequi, to follow, from com-, together + sequi, Gk. πeσbai, hepesthai, Lith. sekti, Skt. sac, to follow, Goth. saihwan, Icel. sjá, AS. seon, OHG. sehan, Ger. sehen, Engl. see). In music, the progressions of parallel fifths or octaves, which, according to the strict rules of harmony, are forbidden.

CONSENT (OF. consente, from consenter, to consent, from Lat. consentire, to agree, from com-, together + sentire, to think). In law, the free will and assent of the mind of a competent person to some act or obligation affecting his legal rights or relations. The law prescribes under what conditions it is binding, and when it is void or voidable. Thus, apparent consent obtained by fraud or coercion, or from an infant, or from an insane, intoxicated, or otherwise legal effect if such person chooses to avoid it. legally incompetent person, is deprived of all It is an essential element of contract, and is of the greatest importance in certain cases in the law of crimes and torts, where the essence of the crime or wrong is that it was against the will to the infliction of a limited amount of bodily of the person injured. One may legally consent harm if there is no malice involved, as in friendly boxing or in football; but one cannot consent to the infliction of death or anything which will amount to a breach of the peace. See AGE; CONTRACT; CRIME; TORT.

CONSENTES DI'I (Lat. consentes, of uncer

tain etymology and meaning, probably from com-, together + *sens, being, pres. p. of esse, to be, cf. Skt. sant, being, from as, to be; less probably for consentiens, consentire, to agree). The twelve chief Roman deities: Jupiter, Apollo, Mars, Neptune, Mercury, Vulcan, Juno, Vesta, Minerva, Ceres, Diana, and Venus.

OF.

CONSERVATION OF ENERGY, PRINCIPLE See MECHANICS; ENERGETICS. CONSERVATION OF MATTER. See MATTER, section Properties of Matter.

CONSERVATIVE. See WHIG; TORY; and POLITICAL PARTIES, GREAT BRITAIN.

CONSERVATIVE CLUB, THE. A Tory club founded in London in 1840. Its club-house is in Saint James Street. In

The

CON'SERVATOR OF THE PEACE. the law of England, an ancient office of great It existed at common law as an incident of certain tenures of lands dignity and authority. held immediately of the King; or the King might appoint one to be his warden or the conservator of his peace; and before the institution of justices of the peace certain officers were so appointed. Now the only official conservators of the peace are certain officers who hold this power annexed to the offices which they hold. sovereign, by virtue of his office, is the principal conservator of the peace in British realms. Several high officers of the Crown, the Chancellor or Lord Keeper, the Lord High Steward, the Lord Marshal, and the Lord High Constable, when there are such officers, all the justices of the Queen's Bench, the Master of the Rolls, are conservators of the peace throughout the whole kingdom, and may commit breakers of the peace or bind them in cognizances anywhere. Other

judges possess this power only within the limits of their own jurisdiction. The sheriff and coroner are conservators of the peace within their respective counties, and constables, tithing-men, etc., within their jurisdictions. The phrase is not in use in the United States. Consult Stephen, Commentaries on the Laws of England (13th ed., London, 1899).

CONSERVATORY (ML. conservatori. um, place for preserving anything, from Lat. conservare, to preserve, from com-, together + servare, to keep, Ar. har, to preserve). A school for the cultivation of music in all its branches. Besides strictly musical subjects, stage deportment and the modern languages used in singing (German, French, Italian) are usually included in the curriculum. Originally, however, a conservatory was not a school of music, but an orphan asylum or institution of a benevolent character for the care of children of the poor. Such children as showed a talent for music were educated in the art. At first this instruction was given to the inmates only, but subsequently day-scholars also were admitted upon payment of a moderate fee. The oldest conservatory is the Conservatorio Santa Maria di Loreto in Naples, founded in 1537. Within the same century three more conservatories were established in the same city. By order of King Murat these were consolidated, in 1808, under the name Collegio Reale di Musica. Venice had four such institutions which ceased to exist with the downfall of the Venetian Republic. To-day the Conservatory of Venice is known as the Liceo Benedetto Marcello. The success of these schools was so pronounced that soon conservatories were founded all over Italy. Among the best known are (1) the Regio Conservatorio di Musica, in Palermo, founded 1615; (2) the Liceo Musicale, in Bologna, founded 1864, noted for its magnificent library, the greater part of which was bequeathed to it by Padre Martini and Gaetano Gaspari; (3) the Regio Conservatorio di Musica, in Milan, founded 1807; (4) the Civico Instituto di Musica, in Genoa, founded 1829; (5) the Liceo Musicale, in Turin, founded 1865; (6) the Liceo Musicale Rossini, in Pesaro, established in 1882 by a gift of 2,300,000 lire from Rossini. In France the necessity of a school for the education of singers led to the establishment, in 1784, of the Ecole Royale de Chant et de Déclamation. During the French Revolution, in 1793, owing to the scarcity of instrumental performers for the army, the course was extended, and the name was then changed to Institut National de Musique. In 1795 it was reorganized and has since been known as the Conservatoire de Musique. To-day it is beyond all question the most famous music-school in the world. Prizes are awarded in all the classes. The highest honor conferred is the Grand Prix de Rome, which entitles the winner to a three years' stay in Italy with a single condition: that the holder send from time to time original compositions as evidence of his progress. Nearly all the famous French composers of the last century have been winners of this prize. (See PRIX DE ROME.) There is scarcely a musician of note in France who has not been at some time a professor in the Conservatory. The directors since its foundation have been Sarrette (the founder, 1784-1814); Perne (1814-22); Cherubini (182242); Auber (1842-71); A. Thomas (1871-96);

1843.

Dubois (1896-1905); Fauré (1905-). The oldest among the German conservatories is that of Prague, founded 1811, which, in addition to the usual musical courses, offers also a liberal-culture course. The Vienna Conservatory was opened in 1817 by Salieri as a school for singing. It became a true conservatory in 1821. The most famous conservatory in Germany is that in Leipzig, founded by Mendelssohn and Schumann in Among its professors have been M. Hauptmann. L. Plaidy, E. F. Richter, Hiller, Gade, Moscheles, Reinecke, and Brendel. Among its pupils were Grieg, Sir A. Sullivan, Svendsen, Wilhelmj, Kirchner, Jadassohn. The oldest Berlin conservatory was founded in 1850 by Kullak, Marx, and Stern. Among its professors were Bülow, Kiel, de Ahna, B. Scholz. The Neue Akademie der Tonkunst (chiefly for piano) was opened in 1855 by Kullak. The most important of the Berlin conservatories is the Königliche Hochschule für Musik, a branch of the Royal Academy of Arts. It is divided into three parts: (1) Königliches Institut für Kirchenmusik; (2) Abteilung für musikalische Komposition; (3) Abteilung für ausübende Tonkunst. Among the professors have been Joachim, Ph. Spitta, Bargiel, Herzogenberg. The conservatory of Cologne was founded in 1850 by Hiller. The Dresden Conservatory was founded 1856, and that of Stuttgart in the same year. The famous Königliche Musikschule in Munich, founded 1867. offers, besides the musical, liberalculture courses. Among the other famous German conservatories of to-day are those in Würzburg, Frankfort, Hamburg, Breslau, Strassburg, Karlsruhe, Regensburg (church- music). Besides these public there are also a number of not less famous private conservatories, such as those of Scharwenka, Schwanzer, Klindworth, Freudenberg. Switzerland also boasts some efficient conservatories in Geneva, Zurich, Basel, Bern. One of the greatest and best-known conservatories is that in Brussels, founded 1813, among the directors of which were Fétis and Gevaert. The conservatories in Liège and Ghent are also famous. In Antwerp Peter Benoit founded, in 1867, entirely after German models, the wellknown Vlaamsche Muzickschool. Nor is Holland behind in the efficiency of her conservatories. The Maatschappij tot bevordering van tonkunst was opened in 1862 at Amsterdam. Also the conservatories in Rotterdam and The Hague have risen to importance. The oldest conservatory in Russia is that of Warsaw, founded 1821; the most famous, that in Saint Petersburg, established 1862. Among its professors were Zaremba, Anton Rubinstein, Leschetitzky, Wieniawski, Davidoff, and Tschaikowski. A conservatory was also founded in Moscow in 1864 by Nicholas Rubinstein. In England we find five conservatories in London-the Royal Academy of Music (1822); the London Academy of Music (1861); the Trinity College Conservatory (1872); the Guildhall School of Music (1880). The best of all is the Royal College of Music, established originally by Sir Arthur Sullivan as the National Training School of Music (1876). Sir George Grove was the first director under the reorganized administration (1883-94). He was succeeded (1894) by C. H. Parry. All other European countries have now conservatories of more or less importance. In the United States

or State conservatories

music has made enormous strides within the last quarter of a century, and conservatories have been founded in nearly all the larger cities. The best-known is the National Conservatory of Music of America, founded in New York, 1885. For a time A. Dvořák was the director. He was succeeded by Emil Paur. Among its professors have been Anton Seidl, R. Joseffy, B. O. Klein, D. Buck. Other well-known conservatories are the Peabody Institute in Baltimore (1871), the Cincinnati College of Music (1878), the New England Conservatory of Music in Boston (1882). Besides, some of the great American universities have added a complete course of music to their regular curriculum, as Harvard (vacant), Yale (Horatio W. Parker), Columbia (C. Rübner), University of California (J. F. Wolle).

are mutual-each promise is a consideration for the other. A consideration is essential to a valid simple contract. A mere promise made without a consideration is called by lawyers a naked promise (nudum pactum), and on it suit will not lie. Such a promise, even though made in writing, is not a valid legal contract; but by the law of negotiable paper it is presumed to be given for valid consideration. This presumption may be rebutted as between maker and payee, but is conclusive in favor of bona fide holders for value, against whom want of consideration is never a defense by the maker of negotiable paper. The requirement of consideration as a necessary element in a simple contract is due to the historical development of the contract action of assumpsit (q.v.) as an action in tort. In that action the plaintiff was required to show that he had given up a right or suffered some detriment in reliance upon, or in exchange for, the defendant's promise, by reason of which he had been damaged. Thus a consideration need not be in the form of a direct benefit to the contracting party, but may be something involving loss or prejudice to the second party to the contract. A service rendered gratuitously is not a consideration which will Support a promise to pay for the service made subsequently to the rendering of the service, be

CONSERVATORY. In horticulture, a glass house used for the preservation of tender exotics and the display rather than the propagation or growing, of plants which have been brought to their ornamental perfection in a greenhouse. The term is often applied loosely to any ornamental greenhouse. See GREENHOUSE.

CON'SHOHOCK/EN. A borough in Montgomery County, Pa., 13 miles northwest of Philadelphia; on the Pennsylvania and the Philadelphia and Reading railroads, and on the Schuykill River (Map: Pennsylvania, F 3). The more important industrial establishments include rolling-mills, steel-mills, foundries, furnaces, surgical-implement works, and cotton and woolen mills, the principal products of which form the

basis of an extensive trade. Conshohocken was founded in 1830, and was incorporated as a borough in 1852. Population, in 1890, 5470; in 1900, 5762.

CONSIDÉRANT, kôn'sê'dâ'räN', VICTOR PROSPER (1808-93). A French socialist, born at Salins, in the Department of Jura. After being educated at the Ecole Polytechnique in Paris, he entered the army, which, however, he soon left to promulgate the doctrines of Fourier (q.v.). After the death of his master, Considérant became the head of the Societarians (q.v.), and undertook the management of the Phalange, a review devoted to the propagation of their opinions. Having gained the financial support of a young Englishman, Mr. Young, he established (1832) on a large scale, in the Department of Eure-et-Loir, a Socialist colony or phalanstère; but the experiment failed, and with it the Phalange went out of existence. However, a new organ of cooperative doctrine, the Démocratie pacifique, was soon established, and was edited by Considérant with great zeal, perseverance, and ability. In 1848-49 he was a member of the Constituent Assembly, but was accused of high treason and compelled to flee to Belgium. Thence he emigrated to Texas, where he founded, near San Antonio, a Societarian community, La Réunion; this, however, proved a failure, and Considérant returned to France in 1869. The most important of his numerous writings is Destinée sociale (1834-45). See COMMUNISM.

CONSIDERATION (Lat. consideratio, from considerare, to observe, from com-, together + sidus, star). In the law of contracts, in the case of a simple contract, a detriment or the surrender of a right by one party in exchange for the promise of the other party. In case of a bilateral contract-i.e. one in which the promises

VOL. V.-21.

cause such service is not rendered in reliance where one upon, or in exchange for, the promise; thus, man voluntarily rescues another's property from loss, and the second party promises to pay therefor, that promise cannot be sued upon even though made in writing. So a promise to reward another for performing his legal duty cannot be sued upon, since the performance of a legal duty is not the surrender of a right or any detriment in a legal sense. Thus, if a taxpayer promises to pay a policeman for guarding his house, it is held that, since it is the policeman's duty to guard the public's property, there has been no real consideration and no legal contract, and the promise of a debtor to pay his debt is not a consideration for a contract, as the promisor is already under a legal obligation to pay his debt. If, however, the promise is made after the debt is barred by the statute of limitations, the promise has the effect of reviving the obligation, and may be sued upon although no consideration is given for it. This is anomalous. The law takes no account of the adequacy of consideration if the contract is made in good faith; but if inadequacy results from fraud or mistake, the contract may be rendered void or voidable according to the circumstances of the If the consideration given is contrary to public policy, or is a promise to do an illegal act, the contract based therein is illegal and void. If the consideration be illegal only in part, still the contract is void unless it is possible to separate the illegal and the legal so that the one may be thrown out as void and the other enforced. Failure by one party to a contract to perform his contract is commonly, though erroneously, stated to be failure of consideration. The effect of a true failure of consideration is to See CONprevent the formation of a contract. TRACT: MISTAKE; FRAUD. CONSIGNMENT (from Fr. consigner, to consign, from Lat. consignare, to seal, from com-, together signare, to sign, from signum, sign). In mercantile law: (1) A quantity of goods de

case.

CONSOLE, kon'sōl (Fr., probably ultimately from Lat. consolidare, to strengthen, from com-, together solidus, firm). In architecture, a projection resembling a bracket or corbel, frequently in the form of a letter S or of a single or double scroll, used to support cornices, or sometimes busts, vases, figures, etc. Consoles are often richly ornamented, and are, in fact, almost purely decorative features, differing in this from brackets (q.v.) and corbels (q.v.), which have a structural function.

CONSOLIDATION (Lat. consolidatio, from consolidare, to strengthen) ACTS. Statutes which combine in a single act all previous statutes relating to, and coming under, the same general subject-matter. As a general rule, this cannot be done by a mere collocation, or gathering together under one head, of acts of different dates in their original form; but they must be rewritten, arranged in sections, all inconsistencies and surplusage be omitted, and uniformity 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 proposed to bring together are passed, and then they are reenacted 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 superseded, 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, whether contained 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 'consolidated annuities.' In incurring the English debt, the Government borrowed money at different periods on special conditions, being generally the payment of an annuity of so much per cent. on the sum 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. consonantia, from consonare, to sound together, from com-, together sonare, to sound, from sonus, Skt. svana, sound, from svan, to resound), or CONCORD. In music, the simultaneous sounding of two or more tones belonging to the same major or minor triad. The effect 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 intervals 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 AcoUSTICS; CHORD; HARMONY; TRIAD.

CONSONANT. See LETTERS.

CONSORT (Lat. consors, partner, from com-,` together + sors, lot; probably connected with Lat. serere, Gk. elpev, eirein, Skt. si, to join together). A term applied to the husband or wife of a reigning sovereign, viewed in a public capacity. Whatever political influence may attach 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 that country.

CONSPIRACY (OF. conspiracie, conspiratie, from Lat. conspirare, to conspire, from com-, together +spirare, to breathe). As a criminal offense this has been judicially defined as "a combination by two or more persons, by some concerted action, to accomplish an unlawful purpose, or to accomplish a purpose not in itself unlawful, by unlawful means." It will be observed that the gist of this offense is in the agreement or confederation of the conspirators; an overt act pursuant 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 commission of an overt act to effect the object of the conspiracy is essential to consummate 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.

This

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 purpose are admissible against all-each is the authorized agent of all. rule often induces the public prosecutor to have persons indicted for a conspiracy, even when their confederation has resulted in the commission of other crimes, such as treason or murder.

Some of the more important common-law conspiracies were those to commit treason or sedition, to murder, to cheat and defraud, and to maliciously injure another. They were misdemeanors 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 wrong 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 the acts done pursuant to the confederation. vailing view at present, however, both in Eng

The pre