Blacks Law Dict. 1st ed

223

COMITATUS

COLOR OP TITLE

A union of different elements. A patent may be taken out for a new combination of existing machines. 2 Mason, 112. COMBUSTIO. Burning. In old English law. The punishment in flicted upon apostates. COMBUSTIO DOMORUM. House burning; arson. 4 Bl. Gomm. 272. COMBUSTIO PECUNI-ZE. Burning of money; the ancient method of testing mixed and corrupt money, paid into the exchequer, by melting it down. COME. To present oneself; to appear in court. In modern practice, though such presence may be constructive only, the word is still used to indicate participation in the proceedings. Thus, a pleading may be gin, "Now comes the defendant," etc. In case of a default, the technical language of the record is that the party "comes not, but makes default." COMES, v. A word used in a pleading to indicate the defendant's presence in court. See COMB. COMES, n. Lat. A follower or attend ant; a count or earl. COMES AND DEFENDS. This phrase, anciently used in the language of pleading, and still surviving in some jurisdictions, occurs at the commencement of a defendant's plea or demurrer; and of its two verbs the former signifies that he appears in court, the latter that he defends the action. COMINUS. Lat. Immediately; hand to-hand ; in personal contact. COMITAS. Lat. Comity, courtesy, civil ity. Comitas inter communitates; or comU tas inter gentes; comity between communi ties or nations; comity of nations. 2 Kent, Comm. 457. COMITATU COMMISSO. A writ or commission, whereby a sheriff is authorized to enter upon the charges of a county. Beg. Orig. 295. COMITATU ET CASTRO COMMIS SO. A writ by which the charge of a county, together with the keeping of a castle, is con>, mitted to the sheriff. COMITATUS. In old English law. A county or shire; the body of a county. The tenitorial jurisdiction of a comes, i. e., count or earl. The county court, a court of great antiquity and of great dignity in early times.

ance, gives color of title to the lands described. Such an instrument purports to be a conveyance of the title, and because it does not, for some rea son, have that effect, it passes only color or the semblance of a title." 85 111. 892. It is not synonymous with "claim of title." To the former, a paper title is requisite; but the latter may exist wholly in parol. 80 Iowa, 480. COLORABLE. That which has or gives color. That which is in appearance only, and not in reality, what it purports to be. COLORABLE ALTERATION. One which makes no real or substantial change, but is introduced only as a subterfuge or means of evading the patent or copyright law. COLORABLE IMITATION. In the law of trade-marks, this phrase denotes such a close or ingenious imitation as to be calcu lated to deceive ordinary persons. COLORABLE PLEADING. The prac tice of giving color in pleading. COLORE OFFICII. By color of office. "COLORED MAN." There is no legal, technical signification in this phrase which the courts are bound judicially to know. 31 Tex. 74. COLORED PERSON. A person of Af rican descent or negro blood. COLPICES. Young poles, which, being cut down, are made levers or lifters. Blount. COLPINDACH. In old Scotch law. A young beast or cow, of the age of one or two years; in later times called a "cowdash." COLT. An animal of the horse species, whether male or female, not more than four years old. Buss. & R. 416. COMBARONES. In old English law. Fellow-barons; fellow-citizens. The citizens or freemen of the Cinque Ports being an ciently called "barons;" the term "combaron es" is used in this sense in a grant of Henry III. to the barons of the port of Fevresham. Cowell. COMBAT. A forcible encounter between two or more persons; a battle; a duel. Trial by battel. COMBATERR-ffi. A valley or piece of low ground between two hills. Kennett, Gloss. COMBE. A small or narrow valley. COMBINATION. A conspiracy, or con federation of men for unlawful or violent deeds.

Archive CD Books USA