COLLATERAL Coif. A cap worn by serjeants at law. Coiner. A counterfeiter. Coinheritance. Joint inheritance. Cojudices. Associate judges. Cold-water ordeal. A trial in which the defendant was thrown into cold water; if he sank he was deemed innocent; if not, guilty. Co-lessee. A joint lessee. Co-lessor. A joint lessor. Colibertus. A tenant in free socage but under duty of rendering some service. Collateral. Indirect; blood relationship other than lineal. Collateral act. An act the perform ance of which is secured by a bond. Collateral ancestors. Ancestors who are not progenitors, such as aunts and uncles. See 3 Barb. Ch. (N. Y.) 438. Collateral assurance. Assurance given over and aside from the deed. Collateral attack. Any proceeding not instituted for the express purpose of annulling, correcting or modifying. See 20 Or. 96, 23 Am. St. Rep. 95, 11 L. R. A. 155, 25 Pac. 362. Collateral consanguinity. Blood relationship other than lineal. See 45 Pa. 430. Collateral descent. Descent from a common ancestor, but not in direct line. See 31 U. S. 101, 8 L. Ed. 334. COLLATERAL Collateral kinsmen. Blood relatives other than lineal. Collateral limitation. One limiting an estate by an event other than the life or issue of the grantee. See 86 Tex. 358, 24 S. W. 792. Collateral security. Property or choses in action pledged to secure the performance of an obligation. See 14 Colo. 125, 23 Pac. 462. Collateral warranty. One made by a stranger to the title. Collaterales et socii. Masters in chancery. Collatio bonorum. A mingling of goods into a common fund; bringing into a hotchpot. See 2 Bl. Comm. 517. Collatio signorum. A comparison of seals. Collation. A presentation to a benefice by a bishop who holds the patronage; a hotchpot; the comparison of a copy with the original. Collation of seals. One seal set on the reverse of another, on the same label.-Wharton. Collation to a benefice. The conferring of a benefice by a bishop. Collatione facta uni post mortem alterius. A writ commanding the justices to issue their writ to the bishop to admit a clerk instead of one who had been appointed by a king who has since died. Collector. A special administrator appointed pending the appointment of an executor or administrator; a collector of the port. Collector of births and burials. English officer who reports weekly the births and burials to the magistrates. An Collector of the customs. A federal officer who collects customs duties within his district. COLLYBUM Collega. A co-officer or appointee. Colligendum bona defuncti. The col lection of the goods of a decedent. Collegialiter. As a corporation. Collegiate church. An English church having a chapter consisting of a dean, canons and prebends, but no bishop's see. Collegium. A corporation; an ecclesiastical body uncontrolled by the state. Collegium est societas plurium corporum simui habitantium. A college is a society composed of many persons living together. Collision. The act of colliding or striking together. See Ann. Cas. (N. J.) 1914B, 846. Collistrigium. The pillory. Collitigant. One who litigates with another. Collocation. a The classification for payment of the creditors of an estate. Colloquium. The allegation in declaration for defamation that the words were used of or concerning the plaintiff. See 59 Pa. St. 488. Collude. To enter into a collusion. Collusion. An agreement to defraud a third party of his rights by the forms of law, or to secure an unlawful object. See 157 N. Y. 259, 68 Am. St. Rep. 777, 43 L. R. A. 256, 51 N. E. 1036. Collusive. Resulting from collusion. Collusive divorce. One wherein the parties agree that one of them may secure a divorce upon unfounded charges. See 65 Cal. 354, 4 Pac. 229. Collybist. A money changer. Collybum. (Civil Law) Exchange; rate of exchange. COLONIAL Colonial laws. The laws passed by the American colonial legislatures prior to the Revolution; laws passed in the British colonies. Colonus. A serf; a husbandman. Colony. A body of emigrants who settle abroad but remain loyal to the mother country. Color. Appearance of right. Color of office. False assumption of official authority. Color of title. An appearance of title which is in reality no title. See 59 U. S. 50, 15 L. Ed. 280. Colorable cause. A colorable invocation of jurisdiction. See Ann. Cas. (Ala.) 1914C, 1155. Colorable imitation. An imitation calculated to deceive. Colore officii. Under color of office. Combat. To fight; to engage in bat tle. Combe. A narrow valley. Combination. A uniting of two or more persons for a common purpose. Comburgess. An inhabitant of the same borough as another. Combustio. Burning. Combustio domorum. Burning of houses. Combustio pecuniae. The testing of Comfort. Whatever is requisite to as COMMEND Cominus. Hand to hand; in close combat. Comitas. Comity; courtesy. Comitatus. A county; a shire; an attending company of persons. Comites. The suite of a public minister. Comitia. (Roman Law) Assemblies of the people. Comitia centuriata. An assembly of the Romans in which they voted by centuries. Comitia curiata. A Roman assembly which was composed of thirty patricians. Comitia tributa. An assembly of the Romans in which they voted by tribes or neighborhoods. Comitissa. A countess. Comitiva. The office of an earl or count. Comity. The recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation. See 159 U. S. 113, 40 L. Ed. 95, 15 Sup. Ct Rep. 987. Comity inter gentes. The comity of nations. Comity of nations. The enforcement of the laws of one state by another, by courtesy. See 67 Conn. 91, 52 Am. St. Rep. 270, 32 L. R. A. 236, 34 Atl. 714. Commanditaire. partner. Commandite. A special partnership. Commandment. An old English offense of directing one to do an unlawful act. (French) A silent Commark. A frontier; a boundary. Comme. As; whereas. Commend. To place under the control of a lord. COMMENDA Commenda. An association in which the management of the property was entrusted to individuals. Commenda est facultas recipiendi et retinendi beneficium contra jus positivum a suprema potestate. A commendam is the power of receiving and retaining a benefice contrary to positive law, from the supreme authority. Commendam. The appointment of a temporary clerk to hold a living pending the appointment of a regular pastor. Commendatio. A recommendation; praise. Commendation. The voluntary subjection of a freeman to a lord to secure his protection. Commendator. One holding a benefice in commendam. Commendatory letters. Letters of citizens of belligerent countries. Commercial agent. A consular officer in charge of the commercial interests of his country at a foreign port; a traveling solicitor. See 98 Va. 91, 81 Am. St. Rep. 705, 47 L. R. A. 583, 34 S. E. 967. Commercial broker. One who as a broker, merely, negotiates sales for others. See 23 Wall. (U. S.) 321, 23 L. Ed. 143. Commercial law. The laws relating to shipping, insurance, exchange, brokerage and other commercial matters. Commercium jure gentium commune esse debet et non in monopolium et privatum paucorum quaestum convertendum. By the law of nations, commerce ought to be common and not converted into a monopoly and the private profit of a few. Comminatorium. An admonition in a writ cautioning the sheriff to use diligence. Comminatory. Threatening; coer cive. Commis. (French) An agent. Commissari lex. (Roman Law) The right of a seller on credit to rescind upon nonpayment of the price. Commissariat. (Scotch) The jurisdiction of a commissary. Commissary. An ecclesiastical officer whose functions were similar to those of an archdeacon. Commissary Court. (Scotch) A supreme court having jurisdiction formerly exercised by the bishops' commissaries. Commission. Authority; a writ; an authorization. Commission day. The opening day of the assizes. Commission de lunatico inquerendo. Same as Commission of lunacy. Commission del credere. Compensation allowed a factor for warranting a vendee's solvency. See 50 Barb. (N. Y.) 288. Commission merchant. One who sells goods in his own name at his own store, and on commission, though from samples, not having the goods in his possession, but obtaining possession as soon as sales are made, and delivering or ship COMMISSION ping them to his customers. See 23 Wall. (U. S.) 321, 23 L. Ed. 143. Commission of appeals. A tribunal appointed to relieve an appellate court whose calendar is overcrowded. Commission of array. A royal command for the drafting of troops. See 1 Bl. Comm. 411. Commission of assize. A commission appointing judges of assize to sit in those years when the justices in eyre did not. Commission of bankruptcy. A commission appointed by the chancellor to examine into the affairs of a bankrupt. See 2 Bl. Comm. 480. Commission of delegates. Same as Court of delegates. Commission of gaol delivery. A commission appointed by the court to try all the prisoners confined in a jail. Commission of lunacy. A commis sion appointed by a court to examine one as to his sanity. See 177 Pa. 359, 35 Atl. 722. Commission of nisi prius. Commissioners sent by the crown on the various circuits to hold jury trials. See 3 Bl. Comm. 58. Commission of partition. A commis sion appointed to carry out the decree of the court in partition proceedings. Commission of rebellion. A writ authorizing the seizure of a defendant for contempt. See 3 Bl.Comm. 444. Commission of the peace. A com mission appointing justices of the peace. See 1 Bl. Comm. 351. Commission of review. (Eccles.) A commission appointed to revise a sentence of the court of delegates. See 3 Bl. Comm. 67. Commission to examine witnesses. An authorization to take testimony out of court. See Barb. (N. Y.) 110. Commissioner of patents. The head of the United States patent office. Commissioners of bail. Officers appointed by the court to take bail in civil arrests. Commissioners of bankrupt. Commissioners appointed to examine the affairs of bankrupts. Commissioners of highways. Officers having the duty of laying out and maintaining highways within their district. Commissioners of sewers. A temporary tribunal in England having jurisdiction of repairs of sea banks and walls and drainage generally. See 3 Bl. Comm. 73. Commissions. Fees or compensation, usually allowed on a percentage basis. Commitment. A warrant authorizing one's imprisonment; a mittimus. Committee. Same as Commission. Committitur. An entry recording one's commitment. Committitur piece. An instrument in writing, charging one already in prison, in execution at the suit of the person who arrested him.Bouv. |