Blacks Law Dict. 1st ed

217

CO-EXECUTOR

COGNIZANCE

der subjection to the other, and is thereby constrained to do what his free will would refuse. CO-EXECUTOB. One who is a joint executor with one or more others. COFFEE-HOUSE. A house of enter tainment where guests are supplied with cof fee and other refreshments, and sometimes with lodging. Century Diet. A coffee-house la not an inn. 4 Camp. 76. COFFEREB OF THE QUEEN'S HOUSEHOLD. In English law. A prin cipal officer of the royal establishment, next under the controller, who, in the counting house and elsewhere, had a special charge and oversight of the other officers, whose wages he paid. Cogitationis pcenam nemo patitur. No one is punished for his thoughts. Dig. 48, 19, 18. COGNATES. (Lat. cognati.) Relations by the mother's side, or by females. Mac keld. Rom. Law, § 144. A common term in Scotch law. Ersk. Inst. 1, 7, 4. COGNATI. Lat. In the civil law. Cog nates relations by the mother's side. 2 Bl. Comm. 235. Relations in the line of the mother. Hale, Com. Law, c xi. Relations by or through females. COGNATIO. Lat. In the civil law. Cognation. Relationship, or kindred gener ally. Dig. 38,10, 4, 2; Inst. 3, 6, pr. Relationship through females, as distin guished from agnatio, or relationship through males. Agnatio a patre sit, cogna tio a matre. Inst. 3, 5, 4. See AGNATIO. In canon law. Consanguinity, as distin guished from affinity. 4 Reeve, Eng. Law, 66-58. Consanguinity, as including affinity. Id. COGNATION. In the civil law. Signi nifles generally the kindred which exists be tween two persons who are united by ties of blood or family, or both. COGNATUS. Lat. In the civil law. A relation by the mother's side; a cognate. A relation, or kinsman, generally. COGNITIO. In old English law. The acknowledgment of a fine; the certificate of •uch acknowledgment. In the Roman law. The judicial exam ination or hearing of a cause.

COGNITIONES. Ensigns and arms, oi a military coat painted with arms. Mat. Par. 1250. COGNITIONIBUS MITTENDIS. In English law. A writ to a justice of the com mon pleas, or other, who has power to take a fine, who, having taken the fine, defers to certify it, commanding him to certify it. Now abolished. Reg. Orig. 68. COGNITIONIS CAUSJE. In Scotch practice. A name given to a judgment or de cree pronounced by a court, ascertaining the amount of a debt against the estate of a de ceased landed proprietor, on cause shown, or after a due investigation. Bell. COGNITOB. In the Roman law. An ad vocate or defender in a private cause; one who defended the cause of a person who was present. Calvin. Lex. Jurid. COGNIZANCE. In old practice. That part of a fine in which the defendantac&raow>Z edged that the land in question was the right of the complainant. From this the fine it self derived its name, as being swr cognizance de droit, etc., and the parties their titles of cognizor and cognizee. In modern practice. Judicial notice or knowledge; the judicial hearing of a cause; jurisdiction, or right to try and determine causes; acknowledgment; confession; recog nition. Of pleas. Jurisdiction of causes. A privilege granted by the king to a city or town to hold pleas within the same. Claim of cognizance (or of conusance) is an intervention by a third person, de manding judicature in the cause against the plaintiff, who has chosen to commence his action out of claimant's court. 2 Wils. 409; 2 Bl. Comm. 350, note. In pleading. A species of answer in the action of replevin, by which the defendant acknowledges the taking of the goods which are the subject-matter of the action, and also that he has no title to them, but justifies the taking on the ground that it was done by the command of one who was entitled to the property. In the process of levying a fine, it is an acknowledgment by the deforciant that the lands in question belong to the complainant. In the language of American jurispru dence, this word is used chiefly in the sense of jurisdiction, or the exercise of jurisdic tion; the judicial examination of a matter, or power and authority to make it.

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