Page:Black's Law Dictionary (Second Edition).djvu/223

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COLLATERAL 21

to distinguish promises that are within, and such as are not within, the statute of frauds. Elder v. Warneld. 7 Bar. 8: J. (Md.) 391.

As to collateral "Consangui.nity," “Descent," “Estoppel." “Gu:1ranty," “Issue." "Limitation," “Negilgence," "Proceeding," and "Warmnty," see those titles.

COLLATERALIS ET 50011. The ucnient title of masters in Chancery.

COLLATIO BONORUM. Lat. A join-

ing together or contribution of goods into a common fund. This occuis where a portion of money, advanced by the father to a son or daughter, IS brought into hotlllytlt, in order to hate an equal distribuI.'ory share of his personal estate at his death. See COLLATION.

OOLLATIO SIGNORUM. In old English law. A conipzlrlson of marks or seals. A mode of testing the genuineness of a seal, by comparing it with another known to be

genuine. Adams. See Bruct. foi. 3890. OOLLATION. In the civil law. The

coilation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in adumce of his share or otherwise. in order that such property may be divided together with the other effects of the succession. Giv. Code La. art. 1227 : Miller v. Miller, 105 La. 9.57. E South. 802.

The term is sometimes used also in common-law jurisdictions in the sense given above. It is synonymous with "hotchpot.” lioore v. Freeman, 50 Ohio St. 592, 35 N. E. 305'

In practice. The comparison of a copy with its original to ascertain its correctness; or the report of the officer who made the uiluparlson.

OOLLATION OF SEALS. When upon the same iahei one seal was set on the back or reverse of the other. Wharton.

GOLLATION TO A BEHEFICE. In ecclesiastical law. ’l‘his occurs where the hish- up and patron are one and the same person, in which case the hishop cannot present the clergyman to himself, but does, by the one net of collation or conferring the benefice, the whole that is done in common cases both by presentation and institution. 2 BL Comm. no

COLLATIOITE PACTA UNI POST MORTEM ALTERIUS. A Writ directed to Justices of the common pleas. commanding them to issue their writ to the bishop, for the admission of a clerk in the place of annlher presented by the crown, Where there had been a demise of the crown during a. suit; for judgment once passed for the king’s clerk, and he dying before admittance, the

a COLLEGE king may bestow his presentation on another. Reg. Orig. 31.

COLLATIONE HEREMITAGH. In old English law. A Writ whereby the king con- ferred the keeping of an hermitage upon a

clerk. Reg. Orig. fl, 303. COLLECT. To gather together; to bring

scattered things (assets, accounts, articles of property) into one mass or fund.

To coliect a debt or claim is to ohtain pay- ment or liquidation of it. either by personal solicitation or legni proceedings. White v. Case, 13 Wend. (N. Y.) 544: Ryan v. Tudor, 31 Kan. 366. 2 Pac 797: Pnrdy v. Independence, 75 lown. 336, 3') N. W. 6-11: Mclnerny v. Reed. '23 Iowa, -ii-1; Tnyior v. Kearney County. 35 Nah. 381. 53 N. W. 211.

—Col1ent on delivery. See C. O. D.—Colleutor. One authorized to receive taxes or other irnpnsitions; as "coliector of taxes." A person appointed by a private )JEl‘SDl.l to collect the credits due him.—Col1eot-Jr of decedent‘: estate. A person temporarily appointed ixy the prohate court to collect rents, assets, interest. bills receivable. etc., of a decedent's estate, and act for the estate in all flnnncini matters re- (11 iring immediate settlement. Such collector is tally appointed when there is protrmted litigation as to the probate of the will, or as to the person to take out administration, and his duties cease as soon as an executor or admin- istrator is qualiflcd.—Colleetor- of the customl. An officcr of the United States, appointed for the tl'X‘TTl of four years. Act \l-n- I1. 1820. § 1; 3 Story. U. S. Inns. 1T!I0—Colleetion. Iudorsement "for collection." See Fan COLLECTION.

u.

COLLEGA. In the civil law. vested with joint authority. an associate

One in- A colleague ;

COLLEGATARIUS. Lat. In the civil law. A co-iegatee. Inst. 2, 20. 8.

COLLEGATORY. A co-iegatee; a. person who has a legacy left to him in common with other persons.

COLLEGE. An organized assembly or collection of persons. estabilshed by law, and empowered to co-operate for the perform- once of some special function or for the pro- motion of some common ohject, which may be educational. politicai, eccieslastlcni. or scientific in its character.

The nssemhiage of the cardinals at Rome is caiied a "college." So, in the United States, the body of presidential electors is caiied the “electoral coilege."

In the most common use of the word, it designates an institution of ienrnmg (usualiy incorporated) which offers instruction in the iiberai arts and humanities and in scientific branches, but not in the technical arts or those studies preparatory to admission to the professions. Com. v. Banks, 1118 Pa. 397. 48 Atl. 2'77; Chegaray v. New York, 13 N Y. 22:); Northampton County v. Lafayette College. 128 Pa. 132, 18 Atl. 516.

In England, it is a civil corporation, com-

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