A New Law Dictionary and Glossary

Lat. [from claudere, q. v.] In old English law. An enclosure. Clausura heyos; the enclosure of a hedge. Cowell,

Lat. The keys of the island. A term applied, in the Isle of Man, to twelve persons to whom all doubtful and important cases were referred. Cowell, Blount.

Lat. A close, or small enclosure. CotoelL

In maritime law. The name of a certificate given by the collector of the port from which a vessel is about to sail, to the master, describing the vessel, cargo, and port of destina

A collection of the decretals and constitutions of Pope Clement V.; published A. D. 1308, (or 1313, according to some,) under the title of Liber septimus decretalium; being the sev

Lat. [from Gr. kleros, a lot or patrimony.] In old English law. The clergy. Ad specialem requisitionem praelatorum et cleri regni; at the special request of the prelates and clergy

Lat. [from clerus, q. T.] Clergy, or privilege of clergy. 2 Inst. 635.

[L. Lat. c^««.] In English law* That division of the people which comprehends all persons in holy orders, (infra sacros ordines,) and in ecclesiastical offices, as distinguished fr

That which admits of <5lcrgy, or benefit of clergy. A clergyable felony was one of that class in which clergy was allowable. 4 Bl, Com, 371 — 373.

Lat. In old English law. The clerical privilege; the privilege or benefit of clergy. See Benefit of clergy,

[L. Lat. vitium clerici.] A mistake in writing or copying; the mistake of a clerk, or writer. 1 Ld. Baym. 183.

The having the head shaven, which was formerly peculiar to clerks, or persons in orders, and which the coifs worn by Serjeants at law are supposed to have been introduced to concea

Lat. [plur. of clericus.'\ Clerks; clergymen. See Clericus.

Lat. Clerks of the chancery. Slat. Westm. 2, c. 24.

L. Lat. Clerks of the second form, or grade. Clerks of tiie second rank in chancery, called in the statute of Westminster 2, clerks of course, (clerid de cursu,) and afterwards cur

See £>e clerico admittendo. CLERICO CAPTO PER STATUTUM

Lat. In old English law. A clergyman, a clerk, or priest; a person in holy orders. Legit ut clericus; he reads like a clerk. Dyer, 205. See Clerk, Nullus clericus nisi causidicus;

Lat. Clerk of the market. 2 Inst, 543.

Lat. A parish clerk. Tovms, PL 213. Otherwise called clericus sacerdotis, the priest's clerk. Cowell, CLERICUS ET CUSTOS ROTULO-

\L.l,B.i. clericus; L.Fr. c/er.] In English ecclesiastical law. A priest or clergyman; a person in orders. When a person has been ordained a priest, he is, in the language of the l

In practice. The period during which a person is required to serve in the office of a practising attorney or solicitor, in order to qualify himself to practice as an attorney or so

Lat. An heir 3 Mon. Angl, 129. Whishaw, •

Lat. In the Roman law. A client or dependant* One who depended upon another as his patron or protector, adviser or defender, in suits at law and other difficulties; and was bound i

A person who employs or retains an attorney, solicitor, proctor or counsellor, to appear for him in courts; advise, assist and defend him in legal proceedings; and to act for him i

Lat. [from c/ien», q. v.] The state of a client; clientship; protection, patronage, guardianship. Applied to the relation of a church to its patron. 2 BL Com, 21.

L. Lat. [from Gr. klytos, illustrious.] In Saxon law. The son of a king, or emperor. The next heir to the throne; the Saxon Adeling. Spelman, voce. Clito, Adelingus.

[Lat. clausum, q. v.] A portion of land, as a field, enclosed, as by a hed^e, fence or other visible enclosure.* 3 BL Com. 209. The interest of a person in any particular piece of

[L. Fr. clos; L. Lat. clausus, clausum, clausL clauses.'] In practice. Close or sealea up. A term applied to writs and letters, as distinguished from those that are open or patent,

In old English practice. Copies of papers which might be written as close as the writer pleased; as distinguished from office copies, which were required to contain a certain deter

A valley. Domesday. An allowance for the turn of the scale, on buying goods wholesale by weight. WMshaw.

Lat. [from coadjuvare, to help or aid.] A fellow helper; one who aids or assists another (qui awc Uiatur alieri.) Co. Litt. 181 a. Applied by Littleton Ui one who assists another i

Lat. [made up of con, together, ad, to, and una, together.] In old English law. A uniting of persons together; a combination or conspiracy. 9 Co.-56.

Lat. [from con, together, and arctus, close.] To straiten, restrain, narrow, limit or confine. Bracton uses coarctari as the opposite of ampliari. Bract. fol. 17 b. Coarctata; limi

Coquet. [L. Lat. cockettum.] In English law. A seal belonging to the custom-house. Reg. Orig. 192. Pars sigilli quod dicitur cocket. Id. ibid. 3 Salk. 172. A scroll or piece of par

Lat. [from cokettum.^ In old English law. To cocket. Cokettari; to be cocketted, that is, furnished with a cocket, or certificate that goods are customed. Reg. Orig. 279. Lanaponde

[Lat. codex.] A body of laws; a collection or compilation of laws, by public authority.* A code may be either a mere compilation of existing laws, (though this is more properly a d

[Lat. Codex Theodosianus.] A code compiled by the emperor Theodosius the younger, A. D. 438, (or 435, according to Selden,) being a methodical collection, in sixteen books, of all

A code of law prepared under the direction of Napoleon, and promulgated in 1804, as the civil law of France, [Code Civil des Eranpais.) Under the Empire its name was changed to tha

See Code civil

[Lat. Codex JiLStinianeus,^ A collection of imperial constitutions in twelve books, compiled by Tribonian and nine associates, under the direction of Justinian, A. D. 529; and so c

more properly and usually called THEODOSIAN

Lat. A code or collection of laws; particularly the code of Justinian. The Code and Digest appear to be more frequently referred to by the old English law writers, than the other p

A collection of imperial constitutions made by Oregorius, a Roman jurist of the fifth century, about the middle of the century. It contained the constitutions from Hadrian down to

A collection of imperial constitutions made by Hermogenesy a jurist of the fifth century. It was nothing more than a supplement to the Codex Gregorianus, {supray) containing the co

The code of Justinian; so called by Justinian himself. Const, Cordi nobis, de emendat. Cod, § 6, cited 1 Mackeld, Civ. Law, 51, § 61, note (c). CODEX REPETITJE PRiELECTIO-

The code of Theodosius. See Code of Theodosius,

The old code. The first edition of the code of Justinian; now lost. 1 Mackeld, Civ. Law, 61, § 61.

[Lat. codidllus, q. v.] A supplement to a will, or an addition made by the testator, and annexed to, and to be taken as part of a testament, by which its dispositions are explained

Lat. [a little book, dimin. of codex, a book.] In the Roman law. A codicil; an informal and inferior kind of will, in use among the Romans. Its peculiarities were, that it required

Lat. Mutual purchase. One of the modes in which marriage was contracted among the Romans. The man and the woman delivered to each other a small piece of money. The man asked the wo

[Lat. cognati.] Relations by the mother's side, or by females. 1 Mackeld. Civ. Law, 137, note. A common term in Scotch law. Ersk. Inst. b. 1, tit. 7, § 4.

Lat. In the civil law. Cognates; relations by the mother's side. 2 Bl. Com. 236. Relations by, or through females; (qui per foeminini sexus personas cognatione junguntur.) Inst. 1.

Lat. In the civil law. Cognation. Relationship, or kindred generally. Inst. 3. 6. pr. Bract, fol. 67. Relationship through females, as distinguished from agnatio, or relationship t

Lat. In the common law. Cousenage, or cosinage. See Cosinage.

Lat. In the civil law. A relation by the mother's side; a cognate. A relation, or kinsman, generally. See Cognati, Cognatio.

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 quest

Lat. [from cognoscere, to know, to understand, to hear, to acknowl^ge, to confess.] In old English law. The acknowledgment of a fine; the certificate of such acknowledgment. Potest

Lat. In the Roman law. The judicial examination or heaiing of a cause. Flin. Upist. vii. 33.

Lat. In the Roman law. An advocate or defender in a private cause. Adam's Rom, Ant. 280.

Lat. ffrom cognoscere, to acknowledge.] In old English law. One who acknowledges; a cognisor, or conusor. See Cognizor,

Lat. [from cognoscere, to acknowledge.] In old English law. One to whom an acknowledgment is made; a cognizee, or conusee. See Cognizee.

Conusee. [L. Lat. cognizatus.] The party to whom a fine was levied. 2 Bl. Com. 351. The party plaintiff in the proceedings, to whom the other party's acknowledgment of his right to

Conusor. [L. Lat. cognitor.] In old conveyancing. The party levying a fine. 2 Bl. Com. 350, 351. The party defendant in the proceedings, who acknowledged the other party's right to

Lat. In the Roman law. The last of the three names by which all Romans, at least those of good family, were designated. The first, or prcenomen, served to denote the individual; th

Lat In old practice. To acknowledge. Bene cognoscit captionem; he well acknowledges the taking. 1 Salk. 3, pi. 8. Cognovit; he has acknowledged. See infra.

Lat. (He hath acknowledged the action); sometimes simply termed a COGNOVIT. In practice. A written confession of an action at law, signed by the defendant, or his attorney, given t

Lat. [from con, together, and habitare, to dwell, or be often with.] In old English law. To live with, or together, as husband and wife; to be often with, or together; to cohabit.

Lat. [from coercere, corrupted to cohercere, to compel.] In old English law. Coercion; the coercive power of a court. Bract. fol. 344. Stat. Westm. 2, c. 34. Lord Coke uses coherti

[L. Lat coifa, from Fr. coiffe; birretum.] In English practice. A covering for the head, formerly worn as a distinctive badge by Serjeants at law, {tegmen capillare album quo insig

Lat. A coif. Spelman. 8ee Coif

Fr* To collect. Britt. e. 21.

Colliberius, Conlibertus, (plur. COLIBERTI.) L. Lat. Coliberti, or coieberti^ are a class of inferior tenants mentioned in Domesday, whom Lord Coke considers to have been tenants i

[L. Lat. collateralis, from con^ together, and lateralis, on the side,] Connected by, or on the side.* That whicn comes in, or adheres to the side of any thing. Termes de la ley, H

In practice. An issue taken upon matter aside from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as

In the law of estates. A limitation of an estate which gives an interest for a specified period, but makes the right of enjoyment to depend on some collateral event; as a limitatio

A security in addition to or besides another, or principal security; to be resorted to in case of failure of the principal security. A bond in this sense is collateral security to

A warranty of lands, collateral to the title of the heir, or him upon whom the wan*anty falls; a warranty made by a person who is collateral to the title, i. e. a person out of the

Lat. [from c(mferre, to bring or put together; to confer.] A bringing or putting together. See Collatio bonorurn. A comparison of two things by putting them together. Collatio sign

In the civil law. A bringing together of goods or property into a common fund; especially of property received of a testator by way of advancement, for the purpose of a more equita

[L. Lat. collatio benejicii,'] In English ecclesiastical law. The conferring or bestowing of a benefice by the bishop, where he has himself the advowson or right of patronage, and

Lat. In old English law. Collectors; persons appointed to make collections for another. In a writ of protection in ^e Register, granted to the Hospital of St. John of Jerusalem, th

Lat. In the civil law. A co-legatee. Inst. 2. 20. 8.

Lat. [from collegium, q. v.] In a corporate capacity. 2 £:enfs Com. 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

Lat. [from colligere, to gather together.] In the civil law. An association of persons, usually of the members of a trade; a corporation, company, or college; otherwise called univ

See Ad Colligendum.

[Lat. collisio, from collidere, to dash together; Fr. abordage.'] A dashing, or violently running together. Usually applied to the running foul of vessels. Sometimes distinguished

Lat. [quasi collum stringens, binding the neck.] In old English law. The pillory. Spelman. Cowell, voc. Pillory. Called in Saxon halsfang or healsfang. See Healsfang, Pillory.

Lat. A hood or covering for the shoulders, formerly worn by Serjeants at law, {cucu Uus, sive superhum^erale, quo induuntur servientes ad legem.) Spelman,

Lat. [from colloqui, to speak together, to converse.] In pleading. Conversation, discourse. A term applied to that part of the declaration in actions of slander, where it is allege

[Lat. collusio, from colludere, to play together.] A deceitful agreement or compact between two or more persons, for the one pM'ty to bring an action against the other for some evi

Sax. In Saxon and old English law. An account or calculation. 1 Beeves* Hist. Eng. Law, 284, note. Otherwise written cone. Bract, fol. 86 b. Spelman, voc. Cone et Key. Cowell. See

Colonica. L. Lat. A portion of land assigned to a single colonus for cultivation, as a task, (ad unius coloni pensum designata.) Or a country house, with sufficient land for the su

Lat. [from colere, to cultivate.] A husbandman; an inferior tenant employed in cultivating the lord's land. A term of Roman origin, corresponding with the Saxon ceorl. 1 Spence's C

Lat. Colour. A term of the ancient rhetoricians, adopted at an early period into the language oi pleading in actions at common law. Steph. PL 202. Color a rketoribus appellatur pro

See Colourable.

Lat. By color (ofasup- C&d estate or right.) Usually taken in a sense. Towns. PL 24. See Colore officii.

Lat. [L. Fr. per colour de son office."^ By color of office; under pretence of official authority.* This term is always taken in a bad sense {in malam partem^ and differs from the

Lat. Colour of office. The mere semblance, shadow or false appearance of official authority.* The dissembling face of the right of office. Termes de la ley. The use of official aut

[Lat. co;or,q. v.] In pleading. An apparent or prima facie right. To give colour is to admit such a right. Steph. PL 202, 203. Colour is of two kinds, implied and expressed. Implie