Page:Black's Law Dictionary (Second Edition).djvu/221

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COGNATION

COGNATION. In the civil law. Signi- fics generally the kindred which exists be tween two persons who are united by ties of blood or family, or hoth.

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

COGNITIO. In old English law. The ndznowiedgniont of a line; the certificate of such ncknowledgruenl‘.

In the Roman law. The judicial examination or hearing of a cause.

COGNITIONES. Ensigns and arms, or I military coat painted with arms. Mat. Per. 1250.

COGNITIONIBUS MITTENDIS. In English law. A writ to a justice of the com- mon pleas, or other, who has power to take a one, who, having taken the flne, defers to certify it. commanding him to certify it. Now abolished Reg. Orig, 68.

COGNITIONIS CAUSE. In Scotch practice A name given to a judgment or decree pronounced by a court, ascertaining the amount of a debt against the estate of a deceased landed proprietor, on cause shown, or after a due investigation. Bell.

COGNITOR. In the Roman law. An ad- vocate or defender in a private cause; one who defended the cause of a person who was present. Calvin. Lex. Jnrid.

COGNIZANCE. In aid practice. That part of a flue in which the defendant oc- imowledgcd that the land in qnestion was the right of the complainant. From this the line itself derived its name, as being sur cognizance de droit. etc., and the parties their titles of coynizor und cogwizce.

In modern practice. Judicial notice 0!‘ knowledge; the judicini hearing of a cause; jurisdiction, or right to try and determine

(‘MMESI acknowledgment; confession; reo- ognition. 0! plans. Jurisdiction of causes. Apriv-

ilece mooted by the king to a city or town to hold pieas within the same.

Claim of cognizance (or of cnnnsanne) is an intervention by a third person, do- iunnding judicature in the cause against the 1-inlntliff, who has chosen to commence his uubn out of ci:iimnnt’s court. 2 Wiis. 409; 2 Bl. Comm. 360, note.

In pleading. A species of answer in the Milan of repie\ in by which the defendant acknovviedges the taking of the goods \vhich are the suhject-matter of the action, and al- so ihnt he has no title to them, ‘bnt justilles the taking on the ground that it was done by

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COHZERES

the command of one who was entitled to the property.

In the process of ievying a line, it is an acknowledgment by the deforcinnt that the lands in question belong to the complainant.

In the language of American juiispru- dence, this word is used chiefly in the sense of jnrisdiction, or the exercise of jurisdiction; the judicial examination of a matter, or [-ower and authority to make it. Weh- ster v. Com., 5 Gush. (Muss) 400; Cinnou County v. Hnspitai, 111 Pa 339, 3 Atl. E77.

Judicial cognizance is judicial notice, or knowledge upon which a. judge is bound to act withont having it proved in evidence. —Cognizee. The party to whom a line was levied. 2 Bl. Comm. 351.—Cog-nizar. In old conveyancing. The pariy ievying a fine. 2 Bi. Comm. 350. 35

COGNOMEN. In Ruman law. A man's family name. The first name (pvrw-rmmcn) was the proper name of the individual; the second (nomen) indicated the gene or tribe to which he belonged: while the third (cognomen) donated his family or house.

In English law. A surname. A name added to the women proper, or name of the individual; a name descriptive of the fam-

Cugnomen majnrum out ex sanguine traotum, hoe int:-insecnm est; agnumeu ext:-inseenm ah eveutu. 6 Coke, 65. The cognomen is derived from the hlood 01' ancestors, and is intrinsic; an aguomen arises from on event, and is extrinsic.

COGNOVIT ACTION]-IMI. (He has con- fessed the action.) A defendant's written confession of an action brought against him, to which he has no ax aiisbie defense. It is usually upon condition that he shall he ni- iowed a certain time for the payment of the deht or (i{lIlI21}.'ES, and costs. It Ls supposed to he given in court, and it implie<lly authorizes the pialntifi"s attorney to sign judgment and issue cu-cution. Mallory v. Kirk- pntrick, 54 i\". J. Eq. 50. 33 Atl. 205.

COHABITATION. Living together; living together as husband and wife.

Cohuhitntinn menus hm in: the some holdintion. not :1 sojourn, a habit of visiting or -remaining for a time: there must be snruetinng

more than mere meretricious intercourse. In re YnrLiicy’s Fshle. '75 Pa. 21] ; Cox v. Stutc, 117 Ain 103. 23 South. W16. 41 L. R A. 760. ()7

Am. St. Rep. IGG; Turnl.-y v. State. G0 Ark. 259, 29 S. W. ‘N3: Pom. v. Lucas. I58 Mass. 81. 32 N. E. i01‘.'i'. Jones v. Com. 8!) \'.-1. 20; Brinrkie v. Brincitie, 12 Phiia. (PAL) Z34

Cohnerefles nna persona neusentnr, px-opter nnitateni jnris quad hahent. Co. Litt 166. Co-heirs are deemed as one person, on account of the unity of right which they possess.

COHERES. Lat. in civil and old English law. A co-heir, or joint heir.

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