The Cyclopedic Law Dictionary

The six clerks in chancery. 2 Reeve, Hist. Eng. Law, 251. Fleta calls them sea; clerici praenotarii.

See "De Clerico, etc." CLERICO CAPTO PER STATUTUM mercatorum. See "De Clerico, etc." CLERICO CONVICTO COMMISSO GAOlae in defectu ordinarii deliberando. See "De Clerico, etc." CLERI

In old English law. Clerk of the market. Fleta, lib. 2, c. 8; 2 Inst. 543. CLERICUS NON CONNUMERETUR IN duobus ecclesiis. A clergyman should not be appointed to two churches.

In old English law. A parish clerk. Towns. PI. 213. Otherwise called clericus sacerdotis. Cowell.

In Spanish law. Clergy; men chosen for the service of God. White, New Recop. bk. 1, tit. 5, c. 4,

In Commercial Law. A person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. He differs from a factor in

Officers attached to the central criminal court in England, and to each circuit. The clerk of arraigns "has to discharge, for the judge sitting on the crown side (i. e. in criminal

The officer who is responsible for the due performance of the administrative duties of the courts of assizes on each circuit. He performs the same duties on circuit which the assoc

An officer ot a court of justice, having the custody of its records and seals, and whose duty it is, among other things, to certify to the correctness of transcripts from such reco

In English law. The former chief officer of the English enrollment office. He formed part of the staff of the central office (q. v.), but the office is now abolished.

One of the chief officers of the lower house of the English parliament. He is appointed by the crown as under clerk of the parliaments, to attend upon the commons. He makes a decla

An officer appointed by the custos rotulorum (q. v.) to assist the justices of the peace /in quarter sessions in drawing indictments, entering judgments, issuing process, etc. Prit

See "Petty Bag Office."

There are four of these officers, who attend the lord privy seal, orj in the absence of the lord privy seal, the principal secretary of state. _ Their duty is to write and make out

An officer In England, whose duty it is to attend on the king's principal secretary, who always has the custody of the privy signet, as well for the purpose of sealing his majesty'

The period which must be spent by a law student in the office of a practicing attorney before admission to the bar. 1 Tidd, Prac. 61 et seq.

Officers attached to the central criminal court in England, and to each circuit. They prepare and settle indictments against offenders, and assist the clerk of arraigns. CLERK OF T

Officers formerly attached to the English court of chancery, whose duties consisted principally in sealing bills of complaint and writs of execution, filing affidavits, keeping a r

In the principal registry of the probate division of the English high court, clerks of seats discharge the duty of preparing and passing the grants of probate and letters of admini

One who employs and retains an attorney or counsellor to manage or defend a suit or action to which he is a party, or to advise him about some legal matters. See "Attorney at Law."

In old English law. The state of a client; clientship; protection; patronage; guardianship. Applied to the relation of a church to its patron. 2 Bl. Comm. 21.

An inn of chancery. See "Inns of Chancery."

In Saxon law. The son ol a king or emperor; the next heir to the throne; the Saxon adeling. Spelman.

A prison or dungeon.

An interest in the soil (Doctoj & Stud. 30; 6 East, 154; 7 East, 207; 1 Burrov/s, 133), or in trees or growing crops (4 Mass. 266; 9 Johns. [N. Y.] 113). An inclosed tract of land.

Copies which might be written with any number of words on a sheet. Office copies were to contain only a prescribed number of words on each sheet.

Rolls containing the record of the close writs (literae elausae) and grants of the king, kept with the public records. 2 Bl. Comm. 346.

Writs directed to the sheriff instead of to the lord. 3 Reeve, Hist, Eng. Law, 45. Writs containing grants from the crown to particular persons, and for particular purposes, which,

A proceeding or Instrument, such as a deed or mortgage, or a tax or assessment, judgment or decree, land, but which is in fact invalid, such invalidity being demonstrable by proof

A valley. An allowance of two pounds in every hundred weight for the turn of the scale, on buying goods wholesale by weight.

The term "club" imports a deadly weapon. 178 111. App. 238; 32 111. App. 62.

or CLIPEUS. In old English law. A shield; metaphorically one of a noble family. Clypei prostrati, noble families extinct. Mat. Paris, 463.

The assistant of a bishop; an assistant.

One who is administrator with one or more others. See "Administrator."

A conspiracy. 9 Coke, 56.

In French law. An unlawful agreement among several persons not to do a thing except on some conditions agreed upon; a conspiracy.

In English law. A species of promissory note authorized by St. 3 Geo. II. c. 26, §§ 7, 8, which, having these words expressed therein, namely, "value received in coals," are to be

One who is assignee with one or more others. See "Assignment."

The margin of a country bounded by the sea. This term includes the natural appendages of the territory which rise out of the water, although they are not of sufficient firmness to

Domestic trade between port and port in the United States, as distinguished from foreign trade between a port in the United States and a port in a foreign country. 1 Wend. (N. Y.)

A seal appertaining to the king's custom house. Reg. Orig. 192. A scroll or parchment sealed and delivered by the oflicers of the custom house to merchants, as an evidence that the

A name which used to be given to the judicial committee of the privy council, the council room being built on the old cockpit of Whitehall Place. Wharton.

Collect on delivery.- The abbreviation has acquired an established meaning (39 111. 312), but judicial notice will not be taken thereof (55 N. Y. 200).

Some addition to, or qualification of, a last will and testament. 1 Redf. Wills, 287. _ This term is derived from the Latin codicillus, which is a diminutive of codex, and in stric

The act of purchasing the whole quantity of any commodity. Wharton.

Constraint; compulsion; force. Direct or positive coercion takes place when a man is by physical force compelled to do an act contrary to his will. For example, when a man falls in

One who is executor with one or more others. See "Executor." COFFERER OF THE QUEEN'S (or king's) household. In English law. A principal officer of the royal establishment, next und

The congregation or brotherhood entered into by several persons for the purpose of performing pious works. No society of this kind can be lawfully formed without license from the k

In civil and Scotch law. Relations through females. 1 Mackeld. Civ. ^ Law, 137; Bell, Diet.

In civil law. Collateral heirs through females; relations in the line of the mother. 2 Bl. Comm. 235. The term is not used in the civil law as it now prevails in France. In the com

In civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both. Civil cognation is that which proceeds alone from

See "Cognizance."

In Old English Law. The acknowledgment of a fine; the certificate of such acknowledgment. Cognizance or jurisdiction. Bracton, fol. 302b. In the Roman Law. The judicial examination

In Old English Law. One who acknowledges. In Roman Law. An advocate or defender in a private cause; one who defended the cause of a person who was present. Brissonius; Calv. Lex.

CONUSANCE, or COGNIsance (Lat. cognitio, recognition, knowledge). Acknowledgment; recognition, jurisdiction; judicial power; hearing a matter judicially. In Pleading. The answer of

The party to whom a fine was levied. 2 Bl. Comm. 351.

In old conveyancing. The party levying a fine. 2 Bl. Comm. 350, 351.

(Lat. con and habere.) To live together in the same house, claiming to be married. The word does not include in its signification, necessarily, the occupying the same bed (1 Hagg.

or COHAERES. Coheirs; a term applies to coparceners who constitute, as it were, but one heir or body. Bracton, fols. 76b, 67b. COHAEREDES UNA PERSONA GENsentur, propter unitatcm Ju

A tribute made by those who meet promiscuously in a market or fair. Du Cange.

A headdress. In England there are certain Serjeants at law who are called Serjeants of the coif, from the lawn coif they wear on their heads ' under their thin caps when they are a

Qualification to act; capacity. In the Law of Evidence. The legal fitness or ability of a witness to be heard on the trial of a cause; that qualitjr of written or other evidence wh

The trial which was anciently used for the common sort of people, who, having a cord tied about them under their arms, were cast into a river. If they sank to the bottom until they

One who, holding in free socage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenure on condition

In old practice. The name "collateral act" was given to any act (except the payment of money) for the performance of which a bond, recognizance, etc., was given as security.

A phrase sometimes used to designate uncles and aunts, and other ascending collateral relatives, who are not strictly ancestors.

That which is made over and above the deed itself.

That relationship which subsists between persons who have the same ancestors, but not the same descendants; who do not descend one from the other. 2 Bl. Comm. 203. The essential fa

Descent In a transverse or zigzag toe, i. e., up through

The former title of masters in chancery.

The collateral determination of a question by a court having general jurisdiction of the subject. See 26 Vt. 209.

Facts not directly connected with the issue or matter In dispute. Such as afford no reasonable inference as to the principal fact. Greenl. Ev. § 52.

A term frequently used in respect of the conclusiveness of judgments, the general rule being that a judgment of a court of record cannot be collaterally impeached, i. e., in an act

An issue taken upon some matter aside from the general issue in the case. Thus, for example, a plea by the criminal that he is not the person attainted, when an interval exists bet

Those who descend from one and the same common ancestor, but not from one another. Thus, brothers and sisters are collateral to each other; the uncle and nephew are collateral kins

A limitation in the conveyance of an estate, giving an interest for a specified period, but making the right of enjoyment depend upon some collateral event, as, an estate to A. til

A promise is collateral if another is the primary or principal debtor, and the relations of debtor and creditor remain unchanged both as to the right and the remedy, and no trust i

A separate obligation attached to another contract to guaranty its performance. The transfer of property or of other contracts to insure the performance of a principal engagement.

A contract based upon a pre-existing debt, or other liability, and including a promise to or liability, without any new consideration moving to him. 82 111. App. 308.

Warranty as to an estate made by one who was ancestor to the heir thereof, either actually or by implication of law, in respect to other property, but who could not have been so in

A collation of goods. See "Collation."

In Civil Law. The bringing together of property into a common fund; hotchpot. 2 Bl. Comm. 617. Particularly applied to the supposed or real return to the mass of the succession, wh

In old English law. A writ whereby the king conferred the keeping of an hermitage upon a clerk. Reg. Orig. 303, 308.

When, upon the same label, one seal was set on the back or reverse of the other. Wharton. COLLATION TO A BENEFICE (Law Lat. collatio beneficii.) In English ecclesiastical law. The

The ancient mode of testing the genuineness of a seal, by comparing it with another known to be genuine. Bracton, fols. 389b, 398b; Fleta, lib. 6, c. 34, § 5.

One appointed to receive taxes or other impositions, as collector of taxes, collector of militia fines, etc. A person appointed by a private person to collect the credits due him.

An officer of the United States, appointed for the term of four years, but removable at the pleasure of the president. Act May 15, 1820, § 1; 3 Story, U. S. Laws, 1790. The duties

In the civil law. A colleague; an associate; one having the same power virith another, qui sunt ejusdem potestatis. Dig. 50. 16. 173.

(Lat; Eng. colegatory). In the civil law. A colegatee. Inst. 2. 20. 8.

An organized collection or assemblage of persons; a civil corporation,, society, or company, having, in general, some literary object. The assemblage of the cardinals at Rome is ca

The guild of a trade.

In a corporate capacity. 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. See a description in Locc. de Jur. Mar. lib. 1, c. 2. COLLEGIUM EST SOCIETAS PLURIUM corporum simul habitantlum. A college is a society of

See "Ad Colligendum, etc."

In maritime law. The act of ships or vessels striking together,, or of one vessel running against or foul of another. As ordinarily used, it includes "allision" (q. V.)

The pillory.

A litigant.

A hood or covering for the shoulders, formerly worn by Serjeants at law. Spelman.

In French law. The act by which the creditors of an estate are arranged in the order in which they are to be paid according to law. The order in which the creditors are placed is a