Page:Black's Law Dictionary (Second Edition).djvu/224

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


COLLEGIA

pany or society of men, having certain privileges, and endowed with certain reveinies, founded by royal llctvnse. An assemblage of severai of these colleges is called a “university." Wharton

COLLEGIA. In the civil law. The guild of a trade.

COLLEGIALI'.l.'ER. In a corporate ca- pacity. 2 Kent, Comm. 296.

COLLEGIATE CHURCH. In English ecclesiastical law. A church built and endowed for a society or body corporate 01' a. dean or other president, and secular priests, as canons or prebend.irles in the said church; such as the churches of Westminster, Wind- sor, and others. Cowell.

COLLEGFUM. [AL In the civil law. A

word having various meanings; e. (7., an assembly, society, or company; a body of bishops; an army: 5. clam of men. But the principal idea of the word was that at an association of individuais 01' the same rank and station, or united for the pursuit of some business or enterprise. Sometimes, a corporation, as in the maxim "tres facinnt collegiuni" (1 Bl. Comm. 469), though the more usual and proper designation of a corporation was "universltas.” —-Cull-aglnm ammiralitatis. The college or society of the adniirnlty.—-Collegium illicitum. One which abused its ri ht, or assembled for any other -purpose than tfiat expressed in its charter-.—Co1legium licitum. An assemblage or society of men united for some useful purpose or business, with power to not like I single individuai. 2 Kent. Comm. 269.

Collegium est societas plurium cot- pnrrun uimul hshitantium. Jenk. Cent. 229. A coiiege is a society of several persons dwelling together.

COLLIERY. This term is sufficientiy wide to include all contiguous and connected veins and seams of coal which are worked as one concern, without regard to the closes or pieces of ground under which they are carrled, and apparently also the engines and machinery in sucil contiguous and connected veins. Macswin. Mines, 25. See Carey v. Bright. 58 Pa. 83.

COLLIGENDUM EDNA D]-IFUNCTI. Ree AD OOLLIGENDITM, etc.‘

COLLISION. In maritime law. of ships or vessels striking together.

In its strict sense. collision means the impact of two vessels both moving, and is distinguished from allision, which designates the striking or a moving vessei against one that is stationary. But coilision is used in a broad sense, to include allision, and perhaps other species of encounters between vessels. Wright v. Brown, 4 Ind. 97, 58 Am. Dec. 62-; London Assur. Co. v. Companhis De Moagens.

The act

216

COLLUSION

68 Fed. 258, 15 C. C. A. 379, Tuwim Co. v. Etna Ins. Co., 23 App. Div. 152, 48 N. Y, Supp. 927.

The term is not inapplicable to cases whole a stationary vessel is struck by one under wny strictly termed “niiision :" or where one \':‘na is brought into contact with another by s\\- e ing at anchor. And even an injury l'>x*rlV\Il by a vessel at her moorings, in consequence of being V'l0l9l:ll'.ly rubbed or pressed against by a second vessel lying along-side of her, in conse- quenx-e of a collision against such second ‘er sel by a third one under way, may be conipcn: :1- ed for. under the general head of “coil min." as well as an injury w-hi is the direct irsuit of a “blow," properly so Called. The Morey, Abb. Adm. 73. Fed Cas. No. 9,894.

COLLISTRIGIUM. The plliury.

COLLITIGANT. One who lltigntcs with another. COLLOBIUM. A hood or covering for

the shoniders, formerly worn by serjeants at law.

COLLOCATION. In French law. The arrangement or mnrshaiing of the creditors of an estate in the order in which they are to be paid according to law. llierl. Itepert.

COLLOQUTUM. One of the usual parls of the declaration in an action for slander. It is a general averment that the vyords complained of were spoken “of and concerning the plaintiff," or concerning the extrinsic mitters alleged in the inducement, and its office is to connect the whole publication with the previous statement Van Vechten v. Hopkins, 5 Johns. (N. Y.) 220 4 Am Dec 339; Lulsehart v. Byerly, 53 Pa. 421; Squires v. State, 39 Tex. Cr. B. 96, 45 S. W. 147, 73 Am. St Rep. 904; Vanderllp v. Roe. 23 Pa 82: McClaughry v. Wetmure, 6 Johns. (N. Y.) 82. 5 Am. Dec, 194.

An avernient that the words in question are spoken of or concerning some usage, report, or fact which gives to words otherwise indifferent the peculiar defamatory meaniiu: assigned to them. Carter v. Andrews, 16 Pick. (Mass.) 6

COLLUSION. A deceitful agreement or compact between two or more persons, for the one party to bring an action against the other for some evil purpose, as to defraud 8 third party of his right. Cowell.

A secret arrangement between two or more persons, whose interests are apparently confilcting, to make use of the forms and proceedings of law in order to defraud a third person, or to obtain that which justice would not give them, by deceiving a court or it officers. Baldwin v. New York, 45 Barb. (N. Y.) 359; Beit v. Blackburn. '28 Md. 235; Railroad Co. v. Gay. 86 Tex. 571. 26 S. W. 599, 25 L. R. A. ‘"9: Balch v. Beach, 119 Wis. 77. 95 N. W. 132.

In divorce proceedings, collusion is an

agreement between husband and wife that