KFLCC Kingdom Law 2nd Ed.

COPARCENARY

269

CONVICTION

may be termed "simple co-operation" and "complex co-operation." Mill, Pol. Ec. 142. In patent law. Unity of action to a com mon end or a common result not merely joint or simultaneous action. Boynton Co. v. Morris Chute Co. (C. C.) 82. Fed. 444; Fastener Co. v. Webb (C. C.) 89 Fed. 987; Holmes, etc., Tel. Co. v. Domestic, etc., Tel. Co. (C. C.) 42 Fed. 227. COOPERTIO. In old English law. The head or branches of a tree cut down; though coopertio arborum is rather the bark of tim ber trees felled, and the chumps and broken wood. Cowell. COOPERTUM. In forest law. A covert; a thicket (dumetum) or shelter for wild beasts In a forest Spelman. COOPERTURA. In forest law. A thick et, or covert of wood. COOPERTUS. Covert; covered. CO-OPTATION. A concurring choice; the election, by the members of a close cor poration, of a person to fill a vacancy. CO-ORDINATE. Of the same order, rank, degree, or authority; concurrent; without any distinction of superiority and inferiority; as, courts of "co-ordinate juris diction." See JURISDICTION. Co-ordinate and subordinate are terms often applied as a test to ascertain the doubtful meaning of clauses in an act of parliament. If there be two, one of which is grammatically gov erned by the other, it is said to be "subordinate" to it; but, if both are equally governed by some third clause, the two are called "co-ordinate." Wharton. COPARCENARY. A species of estate, or tenancy, which exists where lands of in heritance descend from the ancestor to two or more persons. It arises in England either by common law or particular custom. By common law, as where a person, seised in fee-simple or fee-tail, dies, and his next heirs are two or more females, his daughters, sis ters, aunts, cousins, or their representatives; in this case they all inherit, and these co heirs are then called "coparceners," or, for brevity, "parceners" only. Litt §§ 241, 242; 2 Bl. Comm. 187. By particular custom, as where lands descend, as in gavelkind, to all the males in equal degree, as sons, brothers, uncles, etc. litt § 265; 1 Steph. Comm. 319. While joint tenancies refer to persons, the idea of coparcenary refers to the estate. The ti tle to it is always by descent The respective shares may be unequal; as, for instance, one daughter and two granddaughters, children of a deceased daughter, may take by the same act of descent. As to strangers, the tenants' seisin is a joint one, but, as between themselves, each is seised of his or her own share, on whose death it goes to the heirs, and not by survivorship. The right of possession of coparceners is in common, and the possession of one is, in general, the pos session of the others. 1 Washb. Real Prop. •414.

State •. Ellsworth, 131 N. C. 773, 42 S. E. 699, 92 Am. St. Rep. 790; Williams v. State, 13 Tex. App. 285, 46 Am. Rep. 237.— Summary conviction. The conviction, of a person, (usu ally for a minor misdemeanor,) as the result of his trial before a magistrate or court, without the intervention of a jury, which is authorized by statute in England and in many of the states. In these proceedings there is no inter vention of a jury, but the party accused is ac quitted or condemned by the suffrage of such Eerson only as the statute has appointed to be is judge. A conviction reached on such a mag istrate's trial is called a "summary conviction." Brown; Blair v. Com., 25 Grat. (Va.) 853. CONVINCING PROOF. Such as is suf ficient to establish the proposition in ques tion, beyond hesitation, ambiguity, or reason able doubt, in an unprejudiced mind. Evans T. Rugee, 57 Wis. 623, 16 N. W. 49; French v. Day, 89 Me. 441, 36 Atl. 909; Ward r. Waterman, 85 Cal. 488, 24 Pac. 930; Winston r. Burnell, 44 Kan. 367, 24 Pac. 477, 21 Am. St Rep. 289. CONVIVIUM. A tenure by which a ten ant was bound to provide meat and drink for his lord at least once in the year. Cowell. CONVOCATION. In ecclesiastical law. The general assembly of the clergy to con sult upon ecclesiastical matters. CONVOY. A naval force, under the com mand of an officer appointed by government, for the protection of merchant-ships and oth ers, during the whole voyage, or such part of it as is known to require such protection. Marsh. Ins. b. 1, c. 9, § 5; Park, Ins, 388; Peake, Add. Cas. 143»; 2 H. Bl. 551. A joint obligor; one bound jointly with another or others in a bond or obligation. COOL BLOOD. In the law of homicide. Calmness or tranquillity; the undisturbed possession of one's faculties and reason; the absence of violent passion, fury, or uncon trollable excitement. COOLING TIME. Time to recover "cool blood" after severe excitement or provocation; time for the mind to become so calm and sedate as that It is supposed to contemplate, comprehend, and coolly act with reference to the consequences likely to ensue. Eanes v. State, 10 Tex. App. 447; May v. People, 8 Colo. 210, 6 Pac. 816; Reiser v. Smith, 71 Ala. 481, 46 Am. Rep. 342; Jones v. State, 33 Tex. Cr. R. 492, 26 S. W. 1082, 47 Am. St Rep. 46. CO-OPERATION. In economics. The combined action of numbers. It is of two dis tinct kinds: (1) Such co-operation as takes place when several persons help each other in the same employment; (2) such co-operation as takes place when several persons help each other in different employments. These CO-OBLIGOR.