A Dictionary of Law

An organized assembly or collection of persons, established by law, and empowered to co-operate for the performance of some special function or for the promotion of some common obj

In thecivillaw. The guild of a trade.

In a corporate capaciiy, 2 Kent, Comm. 296.

In English ecclesiastical law. A church built and endowed for a society or body corporate of a dean or other president, and secular priests, as canons or prebendaries in the said c

The college or society of the admiralty. Collegium est societas plurium corporum simul habitantium. Jenk. Cent. 229. A collegeis a society of several persons dwelling together.

One which abused its right, or assembled for any other purpose than that expressed in its charter.

An assemblage or society of men united for some useful purpose or business, with power to act like asingle individual. 2 Kent, Comm, 269.

This term is sufficiently wide to include all contiguous and connected veins and seams of coal which are worked as one concern, Without regard to the closes or === pieces of ground

In maritime law. The act of ships or vessels striking together. In its strict sense, collisiun means the impact of two vessels both moving, and is distinguished from ailision, whic

The pillory.

One who litigates with another.

A hood or covering for the shoulders, formerly worn by serjeants at law. G

In French law, The arrangement or marshaling of the creditors of an estate in the order in which they are to be paid according to law. Merl. Report. H

One of the usual parts of the declaration in an action for slander. It is a general averment that the words complained of were spoken “of and concerning the plaintiff,” or concerni

A deceitful agreement or compact between two or more persons, for the one party to bring an action againsi the other for some é6vil purpose, as te defraud a third party of his righ

In the civil law. A money-changer; a dealer in money,

In the civillaw. Exchange.

In Saxon and old English law. An aceount or caleulation.

In America, this term designates the body of law in force in the thirteen original colonies before the Declaration of Independence. In England, the term signifies the laws enacted

In the English government, this is the department of state through which the sovereign appoints colonial governors, etc., and communicates with them, Until the vear 1854, the secre

In old European Jaw. A busbandman; an inferior tenant employed in cultivating the lord's land, A term of Roman origin, corresponding with the Saxon ceorl. 1 Spence, Ch. 51.

A dependent political community, consisting of a number of citizens of the same country who have emigrated therefrom to people another, and remain subject to the mother-country. 3

An appearance, semblanee, or simulacrwm, as distinguished from that which is real. A prima facie or apparent right, assumed exterior, concealing a lack of real. ity; a disguise or

That which has or gives color. That which is in appearance only, and not in reality, what it purports to be.

One which makes no real or substantial change, but is introduced only as a subterfuge or means of evading the patent or copyright law.

In the law of trade-marks, this phrase denotes such a close or ingenious imitation as to be caleulated to deceive ordinary persons.

The practice of giving color in pleading.

A person of Afican descent or negro blood,

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.

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 a

The appearance, semblance, or simitlaerum of title. Any fact, extraneous to the act or mere will of the claimant, which has the appearance, on its tace, of supporting his claim of

Young poles, which, being cut down, are made leversor lifters. Blount.

In old Seotch law. A young beast or cow, of the age of one or two years; in later times called a “cowdash.”

An animal of the horse species, whether male or female, not more than four vears old. Russ. & R. 416.

In old English law. Fellow-baruns; fellow-citizens. The citizens or freemen of the Cinque Ports being anciently called “barons;” the term “combaz7oneg” is used in this sense in a g

A forcible encounter between two or more persons; a battle; a duel. Trial by battel.

A valley or piece of low ground between two hills. Kennett, Gioss.

A small or narrow valley.

A conspiracy, or con- A union of different elements. A patent mnay be taken out for a new combination of existing machines. 2 Mason, 112. 'COMBUSTIO. Burning. In old English law, ‘

Houseburning; arson. 4 Bl. Comm. 272.

Burning of money; the ancient method of testing mixed and corrupt money, paid into the exchequer, by melting it down.

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

ov. A word used in a pleading to indicate the defendant’s presence in court. See Come.

2. Lat. A follower or attendant; acount or earl.

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 ver

Lat. Immediately; handto-hand; in personal contact.

Lat. Comity, courtesy, civility. Comiias inter communitates; or comitas inter gentes; comity between eommunities or nations; comity of nations. 2 Kent, Comm. 457.

Counts or earls. Attendants or followers, Persons composing the retinue of a bigh functionary. Persons who are attached to the suite of a public minister.

Counts or earls palatine; those who had the government ofa county palatine.

In Roman law. An assembly, either (1) of the Roman curie, in which cuse it was called the “comitia curtata vel ealata;” or (2) of the Roman centuries, in which case it was called t

In old English law. A countess; an earl’s wife.

In old English law. The dignity and office of a comes, (count or earl;) the same with what was afterwards called “comitatias.” Also a companion or fellow-traveler; a truop or compa

Courtesy; complaisanee; respect; a willingness to grant a privilege, not as a matter of right, but out of deference and good will. See next title.

The most appropriate phrase to express the true foundation and extent of the obligation of the Jaws of ong nation within the territories of another. It is derive! allugether from t

An order, imperative direction, or behest.

In Frenchlaw. A writ served by the Awisster pursuant to a judgment er to an executory notarial deed. Its object is to give notice to the debtor that if he does rot pay the sum to w

By article 2, § 2, of the constitution it is declared that the president shall be commander in chief of the army and navy of the United States. ‘The term implies supreme control of

In old English law. A munor or chief messuage with lands and tenements thereto appertaining, which belonged to the priory of St. Jounof Jerusalem, in England; he who had the govern

Special partnera; parinersencammandité, See COMMANDITE.

In practice. An authoritative order of a judge or magisterial officer. In criminal law. The act or offense of one who commands another to transgress the law, or do anything contrar

A boundary; the confines of land.

In French law. The delivery of a benefice to one whe cannot hold the legal title, to keep and manage it for a time limited and render an account of the proceeds. Guyot, Rép. Univ.

In ecclesiastical law. The appointment of a suitable clerk to hold a void or vacant benefice or church living until a regular pastor be appointed. Hob. 144; Latch, 236. In commerci

In the civil law. Commendation, praise, or recommendation.

In feudal law. This was the act by which an owner of allodial land placed himself and his land under the protection of a lord, so as to constitute himself his vassal or feudal tena

Secular persons stowed in Scotland; called so because the benefices were commended and intrusted to their supervision.

He who holds a church living or preferment iz commendam.

In ecclesiastical law. Such as are written by one bishop to another on behalf of any of the clergy, or others of his diocese traveling thither, that they may be received among the

In feudallaw. One who intrusts bimself to the protection of another, Spelman. A person who, by voluntary homage, put himself under the vrotection of a superior lord. Cowell.

The various agreements which have for their object facilitating the exchange of the products of the earth or the industry of man, with an intent to realize a profit. Pard. Droit Co

A phrase used to designate the whole body of substantive jurisprudence applicable to the rights, intercourse, and relations of persons engaged in coinmerce, trade, or mercantile pu

The term “commercial paper” means bills of exchange, promissory notes, bank-checks, and other negotiable instruments for the payment of money, which, by their form and on their fuc

Where an agent simply exhibits samples of goods kept for sale by his principal, and takes orders from purchaser's for such goods, which goods are afterwards to be deliveredgby the

Lat. In the civil law. Commerce; business; trade; dealings in the nature of purchase and sale; a contract. Commercium jure gentium commune esse debet, et non in monopolium et priva

The commonalty or the people.

In old practice. A clause sometimes added at the end of writs, admonishing the sheriff to be faithful in execuling them. Bract. fol. 398.

In old French law. For. feiture; the forfeiture of a fief; the penalty attached to the ingratitude of a vassal. Guyol, Inst. Feod. ¢. 12.

In French law. A person who receives from a meeting of j shareholders a special authority, viz., that of checking and examining the accounts of a manager or of valuing the anports

The whole body of oflicers who make up the commissaries’ department of an army.

In ecclesiastical law. { One who is sent or delegated to execute sume oflice or duty as the representative of his superior; an officer of the bishop, who exercises spiritual jurisd

A Scotch eeclesiastical court of general jurisdiction, held before four commissioners, members of the Faculty of Advocates, appointed by the crown.

In English practice. The opening day of the assises.

in commercial law, is where an agent of a seller undertakes to guaranty to his principal the payment of the debt due by the buyer. The phrase “del eredere” is borrowed from the Ita

A person to whom a commission is directed by the government or a court. In the governmental system of the United States, this term denotes an officer who is charged with the admini

An officer of the United States government, being at the head of the bureau of the patente office,

Officers appointed to take recugnizances of bail in civil cases. COMMISSIONERS OF BANK-

In English law. A commission issued to send into every county officers to muster or set in military order the inhabitants. The introduction of commissions of lieutenancy, which con

Those issued to judges of the high court or court of appeal, authorizing them to sit at the aasises for the trial of civil actions.

A commission or authority formerly granted by the lord chancellor to such persons as he should think proper, to examine the bankrupt in all matters relating to his trade and eifect

When any sentence was given in any eccleslistical cause by the archbishop, this commission, under the great seal, was directed to certain persons, u Sually lords, bishops, and judg

A wril issued out of chancery, or such court as may have jurisdiction of the case, directed to a proper ollicer, to inquire whether a person

In English law. An attaching process, formerly issuable out of chancery, to enforce obedienee to a process or decree; abolished by order of 26th August, 1841,

In English ecclesiastical law. A commission formerly sometimes granted in extraordinary cases, to revise the sentence of the court of delegates. 3 Bl. Comm. 67. Now out of use, the

In an action in the English admiralty division, where if is necvssary to have the cargo ina ship unladen in order to have it appraised, a commission of unliyery is issued and execu

In practice. An order or minute, setting forth that the person named in it is committed to the custody of the sheriff,

An instrusont in writingon paper or parchment, which charges a person, already in prison, in execu. tion at the suit of the person who arrested iim, 2 Cuit. Archb. Pr. (12th Hd.) 1

In the civil law. The mixing together or confusion of things, dry orsolid, belonging to different owners, as distinguished from cony‘usio, which has relation to liquids.

In Spanish law. A abs by one gratui- Mage oe ne me tously to another som: onsuma- Bon io een - - a * - wan period; ‘ the same contract as commodatum i tert.) time, fo ba enjoyed an

Goods, wares, and merchandise of any kind; movables; articles of trade or commerce. Commodum ex injurif sud nemo habere debet. Jenk. Cent. 161. No person ought to have advantage fr

As an adjective, this word denotes usual, ordinary, accustomed; shared among several; owned by several jointly.