COMPOSITION, contracts. An agreement, made upon a sufficient consideration, between a debtor1 and creditor2, by which the creditor accepts part of the debt due to him in satisfaction of the whole. Montagu on Compos. 1; 3 Co. 118; Co. Litt. 212, b; 4 Mod. 88; 1 Str. 426; 2 T. R. 24, 26; 2 Chit. R. 541, 564; 5 D. R. 56 3 B. C. 242; 1 R. M. 188; 1 B. A. 103, 440; 3 Moore's R. 11; 6 T. R. 263; 1 D. R. 493; 2 Campb. R. 283; 2 M. S. 120; 1 N. R. 124; Harr. Dig. Deed VIII.
2. In England, compositions were formerly3 allowed for crimes and misdemeanors, even for murder. But these compositions are no longer allowed, and even a qui tam action cannot be lawfully5 compounded. Bac. Ab. Actions qui tam, See 2 John. 405; 9 John. 251; 10 John. 118; 11 John. 474; 6 N. H.-Rep. 200.
COMPOSITION OF MATTER. In describing the subjects of patents, the Act of Congress of July 4, 1836, sect6. 6, uses the words composition of matter; these words are usually applied7 to mixtures and chemical compositions, and in these cases it is enough that the compound is new. Both the composition and the mode of compounding may be considered as included in the invention, when the compound is new.
COMPOUND INTEREST. Interest allowed upon interest; for example, when a sum of money due for interest, is added to the principal, and then bears interest. This is not, in general, allowed. See Interest for money.
COMPOUNDER, in Louisiana. He who makes a composition. An amicable8 compounder is one who has undertaken by the agreement of the parties to compound or settle differences. between them. Code of Pract. of Lo. art. 444.
COMPOUNDING A FELONY, The act of a party immediately aggrieved10, who agrees with a thief or other felon9 that he will not prosecute11 him, on condition that he return to him the goods stolen, or who takes a reward not to prosecute. This is an offence punishable by fine and imprisonment12. The mere13 retaking by the owner of stolen goods is no offence, unless the offender14 is not to be prosecuted15. Hale, P. C. 546 1 Chit. Cr. Law, 4.
COMPROMISE, contracts. An agreement between two or more persons, who, to avoid a lawsuit16, amicably17 settle their differences, on such terms as they can agree upon. Vide Com. Dig. App. tit. Compromise.
2. It will be proper to consider, 1. by whom the compromise must be made; 2. its form; 3. the subject of the compromise; 4. its effects.
3. It must be made by a person having a right and capacity to enter into the contract, and carry out his part of it, or by one having lawful4 authority from such person.
4. The compromise may be by parol or in writing, and the writing may be under seal or not: though as a general rule a partner cannot bind18 his copartner by deed, unless expressly authorized19, yet it would seem that a compromise with the principal is an act which a partner may do in behalf of his copartners, and that, though under seal, it would conclude the firm. 2 Swanst. 539.
5. The compromise may relate to a civil claim, either as a matter of contract, or for a tort, but it must be of something uncertain; for if the debt be certain and undisputed, a payment of a part will not, of itself, discharge the whole. A claim connected with a criminal charge cannot be compromised. 1 Chit. Pr. 17. See Nev. Man. 275.
6. The compromise puts an end to the suit, if it be proceeding20, and bars any Suit which may afterwards be instituted. It has the effect of res judicata. 1 Bouv. Inst. n. 798-9.
7. In the civil law, a compromise is an agreement between two or more persons, who, wishing to settle their disputes, refer the matter, in controversy21 to arbitrators, who are so called because those who choose them give them full powers to arbitrate and decide what shall appear just and reasonable, to put an end -to the differences of which they are made the judges. 1 Domat, Lois Civ. lib. h. t. 14. Vide Submission22; Ch. Pr. Index, h. t.
