KFLCC Kingdom Law 2nd Ed.

213

COHERES

COGNATION

COGNATION. In the civil law. Signi fies 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 such acknowledgment. In the Roman law. The judicial exam ination or hearing of a cause. COGNITIONES. Ensigns and arms, or a military coat painted with arms. Mat. Par. 1250. 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. In Scotch practice. A name given to a judgment or decree pronounced by a court, ascertaining the amount of a debt against the estate of a deceased landed proprietor, on cause shown, or after a due investigation. Bell. COGNTTOR. 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 defendant ac knowledged that the land in question was the right of the complainant From this the fine itself derived its name, as being sur 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; rec ognition. Of pleas. Jurisdiction of causes. A priv ilege 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 al so that he has no title to them, but justifies the taking on the ground that it was done by COGNITIONTBUS MITTENDIS. COGNTTIONIS CATTS2E.

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 Web ster v. Com., 5 Cush. (Mass) 400; Clarion County v. Hospital, 111 Pa. 339, 3 Atl. 97. 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 (prwnomen) was the proper name of the individual; the second (nomen) indicated the gens or tribe to which he belonged; while the third (cog nomen) 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 extrinsecmm 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 con fessed the action.) A defendant's written confession of an action brought against him, to which he has no available defense. It is usually upon condition that he shall be al lowed a certain time for the payment of the debt or damages, and costs. It is supposed to be given in court, and it impliedly au thorizes the plaintiff's attorney to sign judg ment and issue execution. Mallory v. Kirk patrick, 54 N. J. Eq. 50, 33 Atl. 205. COHABITATION. Living -together; liv ing together as husband and wife. Cohabitation means having the same habita tion, not a sojourn, a habit of visiting or re maining for a time; there must be something more than mere meretricious intercourse. In re Yardley's Estate, 75 Pa. 211; Cox v. State, 117 Ala. 103, 23 South. 806, 41 L. R, A. 760, 67 Am. St. Rep. 166; Turney v. State, 60 Ark. 259, 29 S. W. 893; Com. v. Lucas, 158 Mass. 81, 32 N. E. 1033 f Jones v. Com., 80 Va. 20; Brinckle v. Brinckle, 12 Phila. (Pa.) 234. Cohseredes una persona censentur, propter unitatem juris quod habent. Co. Litt. 168. Co-heirs are deemed as one per son, on account of the unity of right which they possess. COHERES. Lat In civil and old Eng lish law. A co-heir, or joint heir.