KFLCC Kingdom Law 2nd Ed.

214

COLLATERAL

CO-HEIR

sort of people, who, having a cord tied about them under their arms, were cast into a riv er; 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 culpable, being, as they said, of the water re jected and kept up. Wharton. One who, holding in free socage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenure on con dition of performing certain services. Said to be the same as the conditionales. Cowell. By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Ad ditional or auxiliary; supplementary; co-op erating. —Collateral aet. In old practice. The name "collateral act" was given to any act (except the payment of money) for the performance of which a bond, recognizance, etc., was given as security.— Collateral ancestors. A phrase sometimes used to designate uncles and aunts, and other collateral antecessors, who are not strictly ancestors. Banks v. Walker, 3 Barb. Ch. (N. Y.) 438, 446.— Collateral assurance. That which is made over and above the prin cipal assurance or deed itself.— Collateral at tack. See "Collateral impeachment," infra.— Collateral facts. Such as are outside the controversy, or are not directly connected with the principal matter or issue in dispute. Sum merour v. Felker, 102 Ga. 254, 29 S. E. 448; Garner v. State, 76 Miss. 515, 25 South. 363. —Collateral impeachment. A collateral impeachment of a judgment or decree is an at tempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or by showing reasons why the judgment should not have been rendered or should not have a con clusive effect, in a collateral proceeding, ». e., in any action other than that in which the judg ment was rendered; for, if this be done upon appeal, error, or certiorari, the impeachment is direct. Burke v. Loan Ass'n, 25 Mont. 315, 64 Pac. 881, 87 Am. St. Rep. 416; Crawford v. McDonald, 88 Tex. 626, 33 S. W. 325; Mor rill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 L. R. A. 155, 23 Am. St. Rep. 95; Harman v. Moore, 112 Ind. 221, 13 N. E. 718; Schneider v. Sell ers, 25 Tex. Civ. App. 226, 61 S. W. 541; Bitz er v. Mercke, 111 Ky. 299, 63 S. W. 771.— Collateral inheritance tax. A tax levied upon the collateral devolution of property by will or under the intestate law. In re Bittin ger's Estate, 129 Pa. 338, 18 Atl. 132; Strode v. Com., 52 Pa. 181.— Collateral kinsmen. Those who descend from one and the same com mon ancestor, but not from one another.— Col lateral security. A security given in addi tion to the direct security, and subordinate to it, intended to guaranty its validity or con vertibility or insure its performance; so that, if the direct security fails, the creditor may fall back upon the collateral security. Butler v. Rockwell, 14 Colo. 125, 23 Pac. 462; McCor mick v. Bank (C. C.) 57 Fed. 110; Munn v. McDonald, 10 Watts (Pa.) 273; In re Wad dell-Entz Co., 67 Conn. 324, 35 Atl. 257. Col lateral security, in bank phraseology, means some security additional to the personal obliga tion of the borrower. Shoemaker v. Bank, 2/ Abb. (U. S.) 423, Fed. Cas. No. 12,801.— Col lateral undertaking. "Collateral" and "orig inal" have become the technical terms whereby COIiIBERTUS. In feudal law. COLLATERAL.

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. A tribute made by those who meet promiscuously in a market or fair. Du Cange. 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 clergyman 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. 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. Le gal Tender Cases, 12 Wall. 484, 20 L. Ed. 287 ; Thayer v. Hedges, 22 Ind. 301; Bank v. Van Dyck, 27 N. Y. 490; Borie v. Trott, 5 Phila. (Pa.) 403; Latham v. U. S., 1 Ct. CI. 154; Hague v. Powers, 39 Barb. (N. Y.) 466. 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. Com. v. Gal lagher, 16 Gray (Mass.) 240; Latham v. U. S., 1 Ct. d. 150; Borie v. Trott, 5 Phila. (Pa.) 403. Strictly speaking, coin differs from money, as the species differs from the genus. Money is any matter, whether metal, paper, beads, shells, etc., which has, currency as a medium in com merce. Coin is a particular species, always made of metal, and struck according to a certain process called "coinage." Wharton. The process or the function of coining metallic money; also the great mass of metallic money in circulation. Mey er v. Roosevelt, 25 How. Prac. (N. Y.) 105; U. S. v. Otey (a C.) 31 Fed. 70. COHUAGIUM. COIT. COIN, v. COIN, n. COINAGE.

COITUS.

In

medical

jurisprudence.

Sexual intercourse; carnal copulation.

COJUDICES. Lat In old English law. Associate judges having equality of power with others. The trial which was anciently used for the common COLD WATER ORDEAL.