Page:The American Cyclopædia (1879) Volume V.djvu/293

CONTRA COSTA CONTRACT 289 for reducing her to accept reasonable terms of peace ; and that, under this plan of operations, all provisions destined for any port of France were contraband. This claim was resisted by the government of the United States, who in- sisted that provisions were never contraband, except when destined to a place which was actually invested. The courts of the United States have, however, since that time admitted that provisions intended for the use of the army or navy of the enemy, or destined to his posts of military or naval equipment, should be deemed contraband; and the decisions in the English admiralty courts substantially limit the rule as to provisions being contra- band to the cases above specified ; so that the courts of both countries are in conformity with each other, and the claim made by the English government in 1793 seems to be aban- doned, or at all events is not likely ever to be reasserted, unless in a contest as desperate as that in which she was then engaged. Confis- cation is the penalty upon seizure of contra- band goods, except in the case of provisions, as to which the practice has been substituted of taking them at a reasonable price instead of enforcing forfeiture. It is understood that confiscation of the goods is not a just ground of complaint on the part of the neutral pow- er, and is not the subject of reclamation. So, on the other hand, the neutral power is not chargeable with a breach of neutrality if it allows its subjects to carry contraband goods to a belligerent. The risk of seizure and con- fiscation is deemed a sufficient penalty. CONTRA COSTA, a W. county of California, bounded N. by the strait of Carquinez, Suisun bay, and the San Joaquin river, E. by the San Joaquin, W. by the bay of San Francisco, and 1ST. W. by San Pablo bay ; area, 756 sq. m. ; pop. in 1870, 8,461, of whom 160 were Chinese. There are mountains in the southern part, the most considerable of which is Mt. Diablo, but the surface in other portions is generally level. The soil is fertile and productive. There are numerous salt and sulphur springs. Limestone is abundant; gypsum has been discovered; and there are quarries of red freestone and building stone of excellent quality. Valuable mines of coal have recently been opened in Mt. Diablo, and are now extensively worked. Copper and quicksilver are found. There are railroads from the coal mines to San Pablo bay. The chief productions in 1870 were 925,054 bushels of wheat, 67,025 of oats, 358,- 350 of barley, 18,658 tons of hay, 64,890 Ibs. of cheese, 153,936 of butter, 58,800 of wool, and 10,330 gallons of wine. There were 7,033 horses, 5,366 milch cows, 9,854 other cattle, 2,556 sheep, and 7,679 swine ; 4 grist mills, 5 manufactories of saddles and harness, and 1 of agricultural implements. Capital, Martinez. CONTRACT (Lat. contrahere, to draw togeth- er). As its derivation denotes, a contract is a concurrence of the minds of two or more parties in reference to something to be done by one or both, and imports mutuality ; that is to say, each of the contracting parties may undertake the performance of something for the benefit of the other, or one may promise to do a certain thing in consideration of what is done by the other at the time of the making of such promise, or has been previously done. Contracts may be either in express terms or implied from the acts of the parties ; they may also be verbal or in writing, and at common law both forms are equally obligatory ; but by statute in England and in the United States it is required that a promise shall be in writing, and signed by the party to be charged 1, when it is not to be performed within one year from the making thereof ; 2, when it is to answer for the debt or default of another person ; 3, when it is made in consideration of marriage, except mutual promises to marry ; 4, in cases of sales of goods beyond a certain amount or value (in this country usually $50), unless there was delivery of part, or payment in part ; 5, when the contract is for the sale of lands or some interest in lands, or leasing for a longer period than one year. In all these cases it is also required that the con- sideration shall be expressed in the writing containing the contract. An instrument under seal was at common law subject to certain legal incidents, essentially differing from those belonging to other contracts. The promise in such case is called a covenant ; no considera- tion was required to be expressed, nor in an action brought upon such an instrument could the want of a consideration be set up as a de- fence, the seal being deemed of such weighty import that a consideration was presumed. The doctrine of the common law in relation to sealed instruments is peculiar, indeed may be called 8ui generis. Originally the seal was used in place of the signature, many being un- able to write their names. Usually the seal had something to distinguish it, so that to some extent it could be identified; coats of arms were introduced as the devices of seals during the crusades, when it was the custom to put such devices upon the shields of knights. At that time the sealing of a deed was a suffi- cient execution, and the form of attestation, viz., "sealed and delivered," without mention- ing the signing, has continued even to the pres- ent time, notwithstanding the statute above mentioned requiring deeds to be signed (which statute was passed in the reign of Charles II.). But after the signature became necessary, and which, as we should have supposed, would have superseded the use of the seal, the old custom of sealing still continued, and, what was more singular, had the same legal conse- quence as a formality. There might have been some reason for this as respected those who maintained the use of their own individual de- vices upon their seals ; but as to the great mass of the people, the supposition of each man having his private seal was an absurd fic- tion, and accordingly a common stamp, with-