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Cognisance

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Cognizance, Conusance. [L. Lat. cognitio, q. v.] In practice. Acknowledgment or recognition of right. That part of a fine in which the defendant acknowledged that the land in question was the right of the complainant.

2 Bl. Com. 350.

From this the fine itself derived its name, as being sur cognizance de droit, &c., and the parties their titles of cognizor and cognizee.

Id. 351—353.

Acknowledgment, confession or admission. The name of an answer made by a defendant in an action of replevin, where he has acted as bailiff to another in making a distress, by which he acknowledges the taking, but insists that such taking was legal, as he acted by the command of one who had a right to distrain.

3 Bl. Com. 149.

See Cognoscere. Judicial notice, or examination; the hearing of a matter judicially. As, "to take cognizance of a cause."

Cowell. Blount.

Jurisdiction of a court over a cause, usually of an exclusive character. Cognizance (or rather conusance) of pleas in English law is a privilege or franchise granted to a city, town or corporation, and sometimes to an individual, to hold pleas, (i. e. to hold courts and hear causes,) within the precinct of the franchise. Termes de la ley, voc.

Conusance.

See To hold pleas. And it involves the power of calling a cause or plea out of another court in which it has already been commenced. Id. Cowell.

2 Arch. Pract. 191.

The claim of conusance very seldom occurs in practice, and the few modern instances to be found in the books, are of claims by the universities of Oxford and Cambridge.

Arch. N. Pract. 234.