Legal Definitions - congé d'accorder

Definition: Congé d'accorder (kawn-zhay da-kor-day) is a Law French term used historically in courts to grant the defendant permission to agree with the plaintiff's allegations in fictitious land-title lawsuits. It was used in the process of levying a fine, which was a compromise of a suit settled upon terms approved by the court. The fine was used as a means of conveying land and disentailing an estate. The terms of the compromise were entered upon a threefold indenture, and the parties obtained incontestable evidence and abundant security.

Examples:

• Fine: An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land.
• Executed fine: A fine made on acknowledgment of the right of the grantee to land given to him as a gift from the grantor.
• Day fine: A fine payable over time, usually as a percentage of the defendant's earnings on a weekly or monthly basis.
• Excessive fine: A fine that is unreasonably high and disproportionate to the offense committed. The Eighth Amendment proscribes excessive fines. An example of an excessive fine is a civil forfeiture in which the property was not an instrumentality of the crime and the worth of the property was not proportional to the owner's culpability.

The examples illustrate how the term "congé d'accorder" was used in the process of levying a fine, which was a compromise of a suit settled upon terms approved by the court. The fine was used as a means of conveying land and disentailing an estate. The examples also show different types of fines, such as an executed fine, day fine, and excessive fine.