Blacks Law Dict. 1st ed

COGNIZANCE

COLD WATER ORDEAL

218

CO-HEIR. One of several to whom an inheritance descends. CO-HEIRESS. A joint heiress. A wo man who has an equal share of an inherit ance with another woman. COHUAGIUM. A tribute made by those who meet promiscuously in a market or fair. Du Cange. COIF. A title given to Serjeants at law, who are called "Serjeants of the coif," from the coif they wear on their heads. The use of this coif at first was to cover the clerical tonsure, many of the practising Serjeants be ing clergymen who had abandoned their pro fession. It was a thin linen cover, gathered together in the form of a skull or helmet; the material being afterwards changed into white silk, and the form eventually into the black patch at the top of the forensic wig. which is now the distinguishing mark of the degree of Serjeant at law. (Cowell; Foss, Judg.; 3 Steph. Comm. 272, note.) Brown. COIN, v. To fashion pieces of metal into a prescribed shape, weight, and degree of fineness, and stamp them with prescribed devices, by authority of government, in or der that they may circulate as money. See 2 Duv. 29; 22 Ind. 306; 25 How. Pr. 105. COIN, n. Pieces of gold, silver, or other metal, fashioned into a prescribed shape, weight, and degree of fineness, and stamped, by authority of government, with certain marks and devices, and put into circulation as money at a fixed value. Strictly speaking, coin differs from money, u the species differs from the genus. Money Is any matter, whether metal, paper, beads, shells, etc., which has currency as a medium in commerce. Coin is a particular species, always made of metal, and struck according to a certain process called "coinage." Wharton. COINAGE. The process or the function of coining metallic money; also the great mass of metallic money in circulation. COJUDICES. Lat. In old English law. Associate judges having equality of power with others. COLD WATER ORDEAL. The trial which was anciently used for the common sort of people, who, having a cord tied about them under their arms, were cast into a river; if they sank to the bottom until they were drawn up, which was in a very short time, then were they held guiltless; but such as did remain upon the water were held eul

Judicial cognizance is judicial notice, or knowledge upon which a judge is bound to act without having it proved in evidence. COGNIZEE. The party to whom a fine was levied. 2 Bl. Comm. 351. COGNIZOR. In old conveyancing. The party levying a fine. 2 Bl. Comm. 350, 351. COGNOMEN. In Roman law. A man's family name. The first name (prce nomen) was the proper name of the indi vidual; the second (nomen) indicated .the gens or tribe to which he belonged; while the third (cognomen) denoted his family or house. In English law. A surname. A name added to the nomen proper, or name of the individual; a name descriptive of the fam ily. Cognomen majorum est ex sanguine tractum, hoc intrinsecum est; agnomen extrinsecum ab eventu. 6 Coke, 65. The cognomen is derived from the blood of an cestors, and is intrinsic; an agnomen arises from an event, and is extrinsic. COGNOVIT ACTIONEM. (He has confessed the action.) A defendant's writ ten confession of an action brought against him, to which he has no available defense. It is usually upon condition that he shall be allowed a certain time for the payment of the debt or damages, and costs. It is sup posed to be given in court, and it imphedly authorizes the plaintiff's attorney to sign judgment and issue execution. COHABIT. To live together as husband and wife; to live together at bed and board. Burrows, Sett. Cas. 26. To live together, as >n the same house. "That his sisters, the Lady Turner and Arabella Clerk, might cohabit in the capital bouse." 2Vern. 323. COHABITATION. Living together; liv ing together as husband and wife. Cohabitation means having the same habitation, not a sojourn, a habit of visiting or remaining for a time; there must be something more than mere meretricious intercourse. 75 Pa. St. 207. Cohseredes una persona censentur, propter unitatem juris quod habent. Co. Litt. 163. Co-heirs are deemed as one per son, on account of the unity of right which they possess. COHERES. In old English law. A co heir, or joint heir.

Archive CD Books USA