Blacks Law Dict. 1st ed

220

COLLATERALS ET SOCII

COLLEGE

the land neither was nor could have been de rived from the warranting ancestor. Thus where a younger brother released to his father's disseisor, with warranty, this was collateral to the elder brother. The whole doctrine of collateral warranty seems repug nant to plain and unsophisticated reason and justice; and even its technical grounds are so obscure that the ablest legal writers are not agreed upon the subject. Wharton, COLLATIO BONORUM. A joining together or contribution of goods into a com mon fund. This occurs where a portion of money, advanced by the father to a son or daughter, is brought into hotchpot, in order to have an equal distributory share of his per sonal estate at his death. See COLLATION. COLLATIO SIGNORUM. In old En glish law. A comparison of marks or seals. A mode of testing the genuineness of a seal, by comparing it with another known to be genuine. Adams. See Bract, fol. 3896. COLLATION. In the civil law. The collation of goods is the supposed or real re turn to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession. Civil Code La. art. 1227. The term is sometimes used also in com mon-law jurisdictions in the sense given above. It is synonymous with "hotchpot." In practice. The comparison of a copy with its original to ascertain its correctness; or the report of the officer who made the comparison. COLLATION OP SEALS. When upon the same label one seal was set on the back or reverse of the other. Wharton. COLLATION TO A BENEFICE. In ecclesiastical law. This occurs where the bishop and patron are one and the same per son, in which case the bishop cannot present the clergyman to himself, but does, by the one act of collation or conferring the bene fice, the whole that is done in common cases both by presentation ana institution. 2 Bl. Comm. 22. COLLATIONS FACTA UNI POST MORTEM ALTERIUS. A writ directed to justices of the common pleas, command ing them to issue their writ to the bishop, COLLATERALS ET SOCII. cient title of masters in chancery. The an

for the admission of a clerk in the place c another presented by the crown, where ther» had been a demise of the crown during a suit; for judgment once passed for the king's clerk, and he dying before admittance, the king may bestow his presentation on another. Reg. Orig. 31. COLLATIONE HEREMITAGII. In old English law. A writ whereby the king conferred the keeping of an hermitage upon a clerk. Reg. Orig. 303, 308. COLLECT. To gather together; to bring scattered things (assets, accounts, articles of property) into one mass or fund. To collect a debt or claim is to obtain pay ment or liquidation of it, either by personal solicitation or legal proceedings. COLLECTOR. One authorized to re ceive taxes or other impositions; as "collect or of taxes." A person appointed by a pri vate person to collect the credits due him. COLLECTOR OF DECEDENT'S ES TATE. A person temporarily appointed by the probate court to collect rents, assets, in terest, bills receivable, etc., of a decedent's estate, and act for the estate in all financial matters requiring immediate settlement. Such collector is usually appointed when there is protracted litigation as to the probate of the will, or as to the person to take out administration, and his duties cease as soon as an executor or administrator is qualified. COLLECTOR OF THE CUSTOMS. An officer of the United States, appointed for the term of four years. Act May 15, 1820, § 1; 3 Story, U. S. Laws, 1790. COLLEGA. In the civil law. One in vested with joint authority. A colleague; an associate. COLLEGATARIUS. Lat. In the civil law. A co-legatee. Inst. 2, 20, 8. COLLEGATORY. A co-legatee; a per son who has a legacy left to him in common with other persona. COLLEGE. An organized assembly or collection of persons, established by law, and empowered to co-operate for the perform ance of some special function or for the pro motion of some common object, which may be educational, political, ecclesiastical, or scientific in its character. The assemblage of the cardinals at Rome is called a "college." So, in the United States, the body of presidential electors it called the "electoral college."

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