Page:Black's Law Dictionary (Second Edition).djvu/277

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CONVICTION

Slste v. Ellsworth, 131 N. C. 773. 42 S. E. (399. 9'.’ Am. St llcp. 7.50; Wiliiams v State, 13 Tu. App. 285. 46 Am. Rep. 23'l.—Su.mmnx-y conviction. The conviction of a person. (usu- ally for a minor misdemeanor.) as the insult of his tnai before a magistrate or court, witrioui: fir intervention of a jury, which is authorized by statute in England and in many of the sinus. in these proceedings there is no _interreuuun of 1: Jury, but the party nccused is ac- quitted or condemned by the sufl'ingL of such pdmin only as the statute has appointed to be his judge. A conviction reaciied on sn isri.-iI:'s in is cnlleti a "summary cunvic_ on Brown: Blair v. Com., 25 Grat. (Va.) 813.

CONVINCING PROOF. Such as is sut- llcienl: to establish the proposition in question, beyond hesitation, ambiguity, or reasonable doubt. in .m linrirejudiced mind. Evans V. ltngee. 57 Wis. 623, 16 N. W. 40; French V. Day. 89 Me. 441, 36 Atl. 909: Ward V. Waterman. S5 Cal. 488, 2-1 Pae. 930; Winston V. I_‘.urneil. 4-1 Kan. 367. 24 Pac. 477. 21 Am. st Rep. 285).

CONVIVIUM. A tenure by which a tenant was bound to provide meal: and dr-iiil: for his lord at leirst once in the year. Gowelt

CONVOCATION. ln ecclesiastical law. The generai assembly of the clergy to consuit upon ecclesiastical matters.

CONVOY. A naval force. under the com- muud of an officer appointed by government, for the protection of merchant-ships and others, tluring the whole voyage, or such part of it as is known to require such protection. iii.u-sh. Ins. b. 1, c. 9. § 5; Park, Ins. 388; Penlre. Add. Gas. 143n; 2 H. B1. 551.

C0-OBLIGOR. A joint ohiigor; one bound jointly with another or others in a bond or ubiigatiou.

COOL BLOOD. In the law of homicide. Caimiiese or tranquillity: the undisturbed possession of one’s fnculties and reason; the al-sence or Violent passion. fury, or uncontrollable excitement.

COOLING TIME. Time to recover “cool blood" after sexere excitement or prmocation; tune for the mind to become so calm and sedate as that it is supposed to conteiriphite, comprehend, and cooily act with reference to tire consequences likely to ensue. Planes v. State. 10 Tex. App. -1-'1-7; May v. People, 8 L‘o|n. 210 6 l‘-1c. 810; Keiscr v. Smith, 71 M3 481. 46 Am. Rep. 34:; Jones v. State. 33 Tex. Cr. R. 402, 26 S. W. 1082. 47 Am. st. Rep. 46.

C0-OPERATION. In economics. The cmiilliiicri at tion of numbers. It is (it two distinct kinds: (1) Such co operation as takes inince u hen set era] pnrsons help each other in the some employment; (2) such co-operation as takes piace when several persons help eucb other in differeut employinents. These

269

COPA RCENARY

may be termed "simple co-operation” and “complex co~operation." Mill, Pol. Ec. 142.

In patent law. Unity of action to a com- mon end or a CC|l).ll.l1L)D result, not merely joint or simultaneous action. BOYDIDIJ Co v. Morris Chute CO. (C. C.) 32 Fed. -144 Fastener Co. V Webb (C. C.) 89 Fed. 98 Holmes, etc., Tel. Ca. v. Domestic, etc., To . CO. (C. C.) 4:? Fed 227.

COOP]-IRTIO.}} In old English law. The head or branches of a tree cut down; though cooziutia arbo-rum is rather the bark of timber trees feiled, and the chumps and broken wood. Cowell.

COOP]-JRTUM. In torestlaw. Acovert; a thicket (dmnetum) or shelter for wild D heasts in a forest. Spelmsn.


COOP]-JRTURA. In total: law. 21:, or covert of wood.

COOP]-JRTUS. Covert; covered. E

C0—0PTATION. A concurring choice; the election, by the members of a close corporation, of a person to till a Vacancy.

A thick-

G0-ORDINATE. Of the same order, rank, degree, or authority; concurrent: F without any distinction of superiority and inferiority; as. courts of “co-ordinate juris- diction." See Jvarsnrcrrow.

Co—ox-dinate and subordinate are terms often appiied as E. test to ascertain the douhtfui G meaning of cianses in an act of parliament. If there be mo, one of which is grammancally governezl by the other, it is said to be “subordinate" to it; but, if both are equaily governed by some third ciause, the two are called “co-ordinate." Wharton.

COPARCENARY. A species of estate. or tenancy, which exists where lands of inheriinnce descend from the ancestor to two 01' more persons. It arises in England either by common l.iw or lurticular custom. By common law, as where a person, seised in fee-simple or fee-tail. dies, and his next heirs are two or more femaies. his daiigiiters. sisters. nunts, cousins, or their representatives; in this case they all iniieiit, and these (K)- iieirs nre then railed “eop:1rCcners," or, for J brevity. “parLeners" only. Litt §§ 241. 2-12;

2 Bl. Comm. 187. By particular custom, as where lands descend, as in gavelkiud. to all the males in equal tlegree as sons, brothers. uncles, etc. Litt. 5 26 - 1 Steph. Comm.

319. K

Wlriie joint tenancies refer to persons, the idea of coparccnary refers to the estate The titie to it is niwnys by descenL The respective shnrcs may be unequal; as, for instance. one danzhter ‘Ind mo granddaughters, children of a ed daughter, may take by the some not

ent. As to strangers, the tenants‘ seisin L is e Jvlllt one, but, as between themseives. each is seised of his or her own share. on whose death he


it :.'(Ies to the heirs, and not by S\ll'Vi\(il‘Sl'ilD.

ii_i:iit of possession of coparceners is in common,

and the possession of one is, in general, the possession of the others. 1 Washb. Real Prop.