KFLCC Kingdom Law 2nd Ed.

217

COLOR OF TITLE

COLLYBISTA

cians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule that pleadings in confession and avoidance should give color was that they should confess the matter adversely alleged, to such an extent, at least, as to admit some apparent right in the opposite party, which required to be en countered and avoided by the allegation of new matter. Color was either express, i. e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading. Steph. PL 233; Merten v. Bank, 5 Okl. 585, 49 Pac. 913. The word also means the dark color of the skin showing the presence of negro blood; and hence it is equivalent to African descent or parentage. COLOR OF AUTHORITY. That sem blance or presumption of authority sustain ing the acts of a public officer which is de rived from his apparent title to the office or from a writ or other process in his hands apparently valid and regular. State v. Oates, 86 Wis. 634, 57 N. W. 296, 39 Am. St Rep. 912; Wyatt v. Monroe, 27 Tex. 268. COLOR OF LAW. The appearance or semblance, without the substance, of legal right. McCain v. Des Moines, 174 U. S. 168, 19 Sup. Ct. 644, 43 L. Ed. 936. COLOR OF OFFICE. An act unjustly done by the countenance of an office, being grounded upon corruption, to which the office is as a shadow and color. Plow. 64. A claim or assumption of right to do an act by virtue of an office, made by a person who is legally destitute of any such right. Feller v. Gates, 40 Or. 543, 67 Pac. 416, 56 L. R. A. 630, 91 Am. St. Rep. 492; State v. Fowler, 88 Md. 601, 42 Atl. 201, 42 L. R. A. 849, 71 Am. St Rep. 452; Bishop v. Mc Gillis, 80 Wis. 575, 50 N. Wt 779, 27 Am. St. Rep. 63; Decker v. Judson, 16 N. Y. 439; Mason v. Crabtree, 71 Ala. 481; Morton v. Campbell, 37 Barb. (N. Y.) 181; Luther v. Banks, 111 Ga. 374, 36 S. E. 826; People v. Schuyler, 4 N. Y. 187. The phrase implies, we think, some official power vested in the actor,—he must be at least officer de facto. We do not understand that an act • of a mere pretender to an office, or false personator of an officer, is said to be done by color of office. And it implies an illegal claim of authority, by virtue of the office, to do the act or thing in question. Burrall v. Acker, 23 Wend. (N. Y.) 606. 35 Am. Dec. 582. COLOR OF TITLE. The appearance, semblance, or simulacrum of title. Any fact extraneous to the act or mere will of the claimant which has the appearance, on its face, of supporting his claim of a present title to land, but which, for some defect, in reality falls .short of establishing it Wright v. Mattison, 18 Haw. 56, 15 L. Ed. 280; Cameron v. U. S., 148 U. S. 301, 13 Sup Ct.

one of them shall commit, or appear to have committed, or be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. Civil Code Cal. | 114. But it also means connivance or con spiracy in initiating or prosecuting the suit, as where there is a compact for mutual aid in carrying it through to a decree. Beard T. Beard, 65 Cal. 354, 4 Pac. 229; Pohlman T. Pohlman, 60 N. J. Eq. 28, 46 Atl. 658; Drayton v. Drayton, 54 N. J. Eq. 298, 38 Atl. 25. COLLYBISTA. In the civil law. A mon ey-changer ; a dealer in money. COLLYBUM. In the civil law. Ex change. COIiNE. In Saxon and old English law. An account or calculation. COLONY. A dependent political com munity, consisting of a number of citizens of the same country who have emigrated there from to people another, and remain subject to the mother-country. U. S. v. The Nancy, 8 Wash. C. C. 287, Fed. Cas. No. 15,854. A settlement in a foreign country pos sessed and cultivated, either wholly or par tially, by immigrants and their descendants, who have a political connection with and subordination to the mother-country, whence they emigrated. In other words, it is a place peopled from some more ancient city or coun try. Wharton. —Colonial laws. In America, this term desig nates the body of law in force in the thirteen original colonies before the Declaration of In dependence. In England, the term signifies the laws enacted by Canada and the other pres ent British colonies.—Colonial office. In the English government, this is the department of state through which the sovereign appoints colo nial governors, etc., and communicates with them. Until the year 1854, the secretary for the colonies was also secretary for war. COLONUS. In old European law. A husbandman; an inferior tenant employed in cultivating the lord's land. A term of Ro man origin, corresponding with the Saxon ceorl. 1 Spence, Ch. 51. COLOR. An appearance, semblance, or simulacrum, as distinguished from that which Is real. A prima facie or apparent right. Hence, a deceptive appearance; a plausible, assumed exterior, concealing a lack of real ity; a disguise or pretext Railroad Co. v. Allfree, 64 Iowa, 500, 20 N. W. 779; Berks County v. Railroad Co., 167 Pa. 102, 31 Atl. *74; Broughton v. Haywood, 61 N. C. 383. In pleading. Ground of action admitted to subsist in the opposite party by the plead ing of one of the parties to an action, which is so set out as to be apparently valid, but which is in reality legally insufficient. This was a term of the ancient rhetori