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COGNATI

COLLATERAL Cognati. Cognates.

Coif. A cap worn by serjeants at Cognation. Blood of family rela

law. tionship.

Coiner. A counterfeiter. Cognisance. Same as cognizance.

Coinheritance. Joint inheritance. Cognitio. Cognizance. Cognitionibus admittendis. A writ

Cojudices. Associate judges. requiring an officer to certify to Cold-water ordeal. A trial in which the court of common pleas fines the defendant was thrown into received but not reported.

cold water; if he sank he was Cognitionis causae. (Scotch) The

deemed innocent; if not, guilty. judicial ascertainment of the Co-lessee. A joint lessee. amount of a claim against a dece. Co-lessor. A joint lessor, dent's estate.

Colibertus. A tenant in free socage Cognizable. Within the jurisdic

but under duty of rendering some tion.

service. Cognizance. Acknowledgment; rec. Collateral. Indirect; blood relationognition; jurisdiction.

ship other than lineal. Cognizee. One to whom a fine was Collateral act. An act the performlevied.

ance of which is secured by a Cognizor. One who levied a fine. bond. Cognomen. A family name.

Collateral ancestors. Ancestors who Cognosce. (Scotch) To give judg. are not progenitors, such as aunts ment; to adjudicate.

and uncles. See 3 Barb. Ch. (N.

Y.) 438. Cognoscere. To acknowledge.

Collateral assurance. Assurance Cognovi actionem. Same as Cogno.

given over and aside from the vit.

deed. Cognovit. A confession of judg.

Collateral attack. Any proceeding ment.

not instituted for the express Cognovit actionem. Same as Cogno

purpose of annulling, correcting vit.

or modifying. See 20 Or. 96, 23 Cognovit actionem relicta verifica

Am. St. Rep. 95, 11 L. R. A. 155, tione. The defendant's abandon 25 Pac. 362. ment of his plea or defense to an

Collateral consanguinity. Blood reaction.

lationship other than lineal. See Cognustre. To acknowledge.

45 Pa. 430. Coguardian. A joint guardian. Collateral descent. Descent from a Cohabit. To have sexual inter common ancestor, but not in direct course. See 116 U. S. 55, 29 L.

line. See 31 U. S. 101, 8 L. Ed. Ed. 561, 6 Sup. Ct. Rep. 278.

334. Cohaeredes, or cohaeres. Coheirs;

Collateral facts. Facts not in issue joint heirs.

and not relevant to the issue. Cohaeredes una persona censentur,

Collateral impeachment. Indirect at. propter unitatem juris quod ha

tack upon a judgment or decree. bent. Coheirs are regarded as See 12 Okl. 650, 73 Pac. 305. one person because they hold Collateral issue. A side issue, not under unity of right.

the main one.

COLLATERAL

COLLYBUM

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Collateral kinsmen. Blood relatives Collega. A co-officer or appointee. other than lineal.

Collegatarius. A colegatee.. Collateral limitation. One limiting

Colligendum bona defuncti. The colan estate by an event other than

lection of the goods of a decedent. the life or issue of the grantee. See 86 Tex. 358, 24 S. W. 792.

Collegialiter. As a corporation.

Collegiate church. An English Collateral security Property or choses in action pledged to secure

church having a chapter consistthe performance of an obligation.

ing of a dean, canons and prebSee 14 Colo. 125, 23 Pac. 462.

ends, but no bishop's see. Collateral warranty. One made by

Collegium. A corporation; an ec

clesiastical body uncontrolled by a stranger to the title.

the state. Collaterales et socii. Masters in

Collegium est societas plurium corchancery.

porum simui habitantium. A colCollatio bonorum. A mingling of

lege is a society composed of goods into a common fund; bring

many persons living together. ing into a hotchpot. See 2 Bl.

Collision. The act of colliding or Comm. 517.

striking together. See Ann. Cas. Collatio signorum. A comparison of

(N. J.) 1914B, 846. seals.

Collistrigium. The pillory. Collation. A presentation to a bene

Collitigant. One who litigates with fice by a bishop who holds the

another. patronage; a hotchpot; the comparison of a copy with the origi Collocation. The classification for nal.

payment of the creditors of an Collation of seals. One seal set on

estate. the reverse of another. on the Colloquium. The allegation in a same label.—Wharton.

declaration for defamation that Collation to a benefice. The confer

the words were used of or conring of a benefice by a bishop.

cerning the plaintiff. See 59 Pa.

St. 488. Collatione facta uni post mortem alterius. A writ commanding the

Collude. To enter into a collusion. justices to issue their writ to the

Collusion. An agreement to defraud bishop to admit a clerk instead of a third party of his rights by the one who had been appointed by a

forms of law, or to secure an unking who has since died.

lawful object. See 157 N. Y. 259, Collector. A special administrator

68 Am. St. Rep. 777, 43 L. R. A.

256, 51 N. E. 1036. appointed pending the appointment of an executor or adminis

Collusive. Resulting from collusion. trator; a collector of the port. Collusive divorce. One wherein the Collector of births and burials. An

parties agree that one of them English officer who reports weekly

may secure a divorce upon unthe births and burials to the mag

founded charges. See 65 Cal. 354, istrates.

4 Pac. 229. Collector of the customs. A federal Collybist. A money changer.

officer who collects customs duties Collybum. (Civil Law) Exchange; within his district.

rate of exchange.

COLONIAL

COMMEND

Colonial laws. The laws passed by Cominus. Hand to hand; in close

the American colonial legislatures combat. prior to the Revolution; laws

Comitas. Comity; courtesy. passed in the British colonies.

Comitatus. A county; a shire; an Colonus. A serf; a husbandman.

attending company of persons. Colony. A body of emigrants who

Comites. The suite of a public minsettle abroad but remain loyal to

ister. the mother country.

Comitia. (Roman Law) Assemblies Color. Appearance of right.

of the people. Color of office. False assumption of

Comitia
comit

centuriata. An assembly official authority.

of the Romans in which they Color of title. An appearance of voted by centuries. title which is in reality no title.

Comitia curiata. A Roman assemSee 59 U. S. 50, 15 L. Ed. 280.

bly which was composed of thirty Colorable cause. A colorable invo. patricians.

cation of jurisdiction. See Ann. Comitia tributa. An assembly of Cas. (Ala.) 1914C, 1155.

the Romans in which they voted Colorable imitation. An imitation by tribes or neighborhoods. calculated to deceive.

Comitissa. A countess. Colore officii. Under color of office.

Comitiva. The office of an earl or Combat. To fight; to engage in bat

count. tle.

Comity. The recognition which one Combe. A narrow valley.

nation allows within its territory Combination. A uniting of two or

to the legislative, executive, or more persons for a common pur judicial acts of another nation. pose.

See 159 U. S. 113, 40 L. Ed. 95, Comburgess. An inhabitant of the 15 Sup. Ct Rep. 987. same borough as another.

Comity inter gentes. The comity of Combustio. Burning.

nations. : Combustio domorum. Burning of Comity of nations. The enforcehouses.

ment of the laws of one state by Combustio pecuniae. The testing of another, by courtesy. See 67 money by melting it.

Conn. 91, 52 Am. St. Rep. 270, 32

L. R. A. 236, 34 Atl. 714. Come. As; whereas.

Commanditaire. (French) A silent Come semble. As it seems.

partner. Comes. A companion.

Commandite. A special partnership. Comfort. Whatever is requisite to

Commandment. An old English ofgive security from want and fur

fense of directing one to do an nish reasonable physical, mental

unlawful act. and spiritual enjoyment. See Ann Cas. (Wash.) 1912B, 1128.

Commark. A frontier; a boundary. Comfortable enjoyment. Quiet as comme. As; whereas.

well as physical comfort. See Commend. To place under the con. Ann. Cas. (Wash.) 1912B, 1128. trol of a lord.

COMMENDA

COMMISSION

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Commenda. An association in which commercial paper. Negotiable in.

the management of the property struments. was entrusted to individuals.

Commercium. Commerce. Commenda est facultas recipiendi et commercium jure gentium commune

retinendi beneficium contra jus esse debet et non in monopolium positivum a suprema potestate. et privatum paucorum quaestum A commendam is the power of re convertendum. By the law of naceiving and retaining a benefice tions, commerce ought to be comcontrary to positive law, from the mon and not converted into a supreme authority.

monopoly and the private profit Commendam. The appointment of

of a few. a temporary clerk to hold a living Comminatorium. An admonition in pending the appointment of a a writ cautioning the sheriff to regular pastor.

use diligence. Commendatio. A recommendation; comminatory. Threatening; enero

cive. praise. Commendation. The voluntary sub

Commis. (French) An agent. jection of a freeman to a lord to

Commissari lex. (Roman Law) The secure his protection.

right of a seller on credit to re

scind upon nonpayment of the Commendator. One holding a bene price. fice in commendam.

Commissariat. (Scotch) The jurisCommendatory letters. Letters of diction of a commissary.

credence from a bishop in behalf Commissary. An ecclesiastical offiof travelers from his diocese.

cer whose functions were similar Commendatus. Voluntary service to to those of an archdeacon. a superior.

Commissary Court. (Scotch) A suCommerce. Exchange of property. preme court having jurisdiction See 7 Ann. Cas. (Ill.) 1.

formerly exercised by the bishops' Commerce Court. See Court of Com.

commissaries. merce.

Commission. Authority; a writ; an Commercia belli. Contracts between

authorization. citizens of belligerent countries. Commission day. The opening day Commercial agent. A consular offi

of the assizes. cer in charge of the commercial Commission de lunatico inquerendo. interests of his country at a for- Same as Commission of lunacy. eign port; a traveling solicitor. Commission del credere. CompensaSee 98 Va. 91, 81 Am. St. Rep.

tion allowed a factor for warrant705, 47 L. R. A. 583, 34 S. E. 967. ing a vendee's solvency. See 50 Commercial broker. One who as a Barb. (N. Y.) 288.

broker, merely, negotiates sales Commission merchant. One who sells for others. Seu 23 Wall. (U. S.)

goods in his own name at his own 321, 23 L. Ed. 143.

store, and on commission, though Commercial law. The laws relat from samples, not having the

ing to shipping, insurance, ex goods in his possession, but obchange, brokerage and other com taining possession as soon as sales mercial matters.

are made, and delivering or shipCOMMISSION

COMMODATUM

143.

ping them to his customers. See Commission rogatoire. (French) 23 Wall. (U. S.) 321, 23 L. Ed. Letters rogatory.

Commission to examine witnesses. Commission of appeals. A tribunal An authorization to take testimony

appointed to relieve an appellate out of court. See Barb. (N. Y.) court whose calendar is over 110. crowded.

Commissioner of patents. The head Commission of array. A royal com of the United States patent office.

mand for the drafting of troops. Commissioners of bail. Officers apSee 1 Bl. Comm. 411.

pointed by the court to take bail Commission of assize. A commission in civil arrests. appointing judges of assize to sit

Commissioners of bankrupt. Comin those years when the justices in

missioners appointed to examine eyre did not.

the affairs of bankrupts. Commission of bankruptcy. A com Commissioners of highways. Officers mission appointed by the chancel.

having the duty of laying out and lor to examine into the affairs of

maintaining highways within their a bankrupt. See 2 Bl. Comm. 480.

district. Commission of delegates. Same as

Commissioners of sewers. A temporCourt of delegates.

ary tribunal in England having Commission of gaol delivery. A com jurisdiction of repairs of sea banks

mission appointed by the court to and walls and drainage generally. try all the prisoners confined in a See 3 Bl. Comm. 73. jail.

Commissions. Fees or compensaCommission of lunacy. A commis tion, usually allowed on a percent

sion appointed by a court to ex age basis. amine one as to his sanity. See Commitment. A warrant authoriz177 Pa. 359, 35 Atl. 722.

ing one's imprisonment; a mitCommission of nisi prius. Commis- timus. sioners sent by the crown on the

Committee. Same as Commission. various circuits to hold jury trials.

Committitur. An entry recording See 3 Bl. Comm. 58.

one's commitment. Commission of partition. A commis

Committitur piece. An instrument sion appointed to carry out the

in writing, charging one already decree of the court in partition

in prison, in execution at the suit proceedings.

of the person who arrested him.Commission of rebellion. A writ authorizing the seizure of a defend

Commixtio. Commixtion. ant for contempt. See 3 Bl.Comm. 444.

Commixtion. The mingling of dry

or solid substances of different Commission of the peace. A com

owners. mission appointing justices of the peace. See 1 Bl. Comm. 351.

Commodate. A gratuitous loan. Commission of review. (Eccles.) A Commodato. (Spanish) A contract

commission appointed to revise a for a gratuitous loan of a chattel. sentence of the court of delegates. Commodatum. A chattel loaned See 3 Bl. Comm. 67.

gratuitously; the loan itself.

Bouv.

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