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colonies. In Belgium the duty is 168. 8d. | cuted by the sheriff
, by the agency of his per 100 lbs.; in Austria, 42s. per 1234 lbs.; under-sheriff
. When the jury have as in France,' 2l. 88. to 4l. per 100 kilo- sessed the damages, the sheriff returns the grammes.
inquisition, which is entered upon the In 1835 the duty on coffee consumed roll in the form of a postea, and the judgin the United Kingdom was 652,123l. ; ment is then complete, the defendant's 564,1761. in 1838 ; 373,5731. in 1840; plea having already confessed the cause of and in the years ending 5th July, 1843 action, and the damages having been asand 1844, 375,9741. and 351,101l. sessed by a jury. If the action be for the
Chicory and other substitutes for cof- recovery of a specific amount, as in an fee are prohibited in several countries; but action of debt, the judgment entered up in England it is becoming an important upon a plea of cognovit actionem is conarticle in commerce. In 1840 the quan- clusive against the defendant, as it contity of raw chicory retained for home fesses the entire declaration. On this consumption was 3932 cwts.; and in the account it is a common practice for a years ending 5th July, 1843 and 1844, debtor to strengthen the security of his 20,775 and 31,720 cwts. The duty of creditor by executing a warrant of attor208. per cwt. was not altered by the tariff ney to an attorney named by the creditor, of 1842. The present value of the ar- authorising him to confess a judgment by ticle is 9s. 6d. per cwt. exclusive of duty. a plea of cognovit in an action of debt to
The effect of rendering such a beverage be brought by the creditor against the as coffee cheap has been attended with debtor for the specific cum due to him. beneficial moral effects. In 1685 Charles But in order to preveut fraud, it is proII. issued a proclamation for suppress- vided by 1 & 2 Vict. c. 110, g 9, 10, that ing coffee-houses, in which he speaks such warrant of attorney or cognovit is of of " the multitude of coffee-houses lately no force unless there be present an attorset up in this kingdom" as being the re- ney of one of the superior courts, on besort of disaffected persons. The pro- half of the party who gives it, expressly clamation was soon withdrawn. In 1844 named by him, and attending at his rethe number of coffee-houses in London quest, to inform him of the effect of the was above 600. Thirty years ago there instrument before he executes it, and was scarcely one where coffee was sup- who must subscribe as a witness to the plied at less than 6d. a cup; and there execution, and declare himself to be the were none to which the humbler classes attorney for the party. In order to make could resort. There are now many houses this process effectual as against the as(coffee-shops) where from 700 to 800 per- signees of the debtor, if he should become sons a day are served at the charge of id. bankrupt or insolvent, warrants of attorper cup; some where 1500 or 1600 per- ney and cognovits must be filed in the sons are served at 14d.; and all these Court of Queen's Bench within twenty-one houses are supplied with newspapers and days after execution, or judgment must periodical publications for the use of the be signed or execution issued thereon persons who frequent them. A few years within the same period. (3 Geo. IV. c. ago the working classes had no other 39; 6 Geo. IV. c. 16, § 108; 1 & 2 Vict. place but the public-house to which they c. 110, $ 60, 61; 6 & 7 Vict. c. 66. Harcould resort for refreshment.
rison's Digest of Reported Cases, titles COGNOʻVIT is a plea, in an action at “ Bail,” “Warrant of Attorney;" Stelaw, whereby the defendant acknowledges phen's Comm. vol. iii. p. 634.) or confesses the justice of the plaintiff's COHABITATION. (CONCUBINAGE.] demand against him (cognovit actionem). COINING. The numerous and comBy this plea a trial is avoided and judg- !plicated laws upon this subject, passed ment is entered up for the plaintiff. But from time to time during several cenwhere the action is for damages, this turies, to protect the coin of the realm, judgment is not final, as the amount of were repealed by the 2 Will. IV. c. 346 damages remains to be assessed by a jury, The operation of this statute is confined to under a writ of inquiry, which is exe Great Britain and Ireland; and the former
are not repealed, so far as they may be in counterfeit coin, resembling, or apparently force in any part of the king's dominions i intended to resemble or pass for, any of out of the United Kingdom. The making the king's current gold or silver coin, or coining of money being one of the pre- knowing the same to be false or counterrogatives of the crown, the counterfeiting feit, he shall be liable to imprisonment of the king's coin was in early periods of for any term not exceeding one year; and the history of English law considered to if any person shall tender, utter, or put oth be a usurpation upon the royal authority, any false or counterfeit coin resembling, or and upon that principle constituted the apparently intended to resemble or pass offence of high treason both by the com for, any of the king's current gold or silmon law and by various statutes. By 2 ver coin, knowing the same to be false or Will. IV. c. 34, § 3, it is enacted, with counterfeit, and such person shall, at the respect to gold and silver coin, That any time of such tendering, uttering, or putting person falsely making or counterfeiting off, have in his possession, besides the false any coin resembling, or apparently in or counterfeit coin so tendered, uttered, or tended to resemble or pass for, the king's put off, one or more piece or pieces of current gold or silver coin, shall be liable false or counterfeit coin resembling, or to transportation for life, or any term not apparently intended to resemble or pass less than seven years, or to imprisonment for, any of the king's current gold or silfor any term not exceeding four years. ver coin, or shall, either on the day of The 4th section of the act imposes the such tendering, uttering, or putting off, same punishment upon the offences of or within the space of ten days then next colouring, washing, or casing over any ensuing, tender, utter, or put off any more metal or counterfeit coin so as to pass for or other false or counterfeit coin resemthe genuine gold and silver coin of the bling, or apparently intended to resemble realm; and of filing, washing, or other or pass for, any of the king's current guid wise altering silver coin so as to pass for or silver coin, knowing the same to be gold, or copper coin so as to pass for sil- false or counterfeit
, he shall be liable to ver or gold. By $ 5, persons impairing, imprisonment for any term not exceeding diminishing, or lightening the king's cur two years. And it is further declared by rent gold or silver coin, with intent to the same section, that if any person who make it pass for the king's current gold shall have been convicted of any of the or silver coin, are made liable to trans- offences therein before mentioned, shall portation for fourteen years, or imprison- afterwards commit any of such offences, ment for three years.
he shall be liable to be transported for By $ 6 of the statute it is enacted, That life, or for any term not less than seven if any person shall buy, sell, receive, years, or to be imprisoned for any term pay or put off, any false or counterfeit not exceeding four years. coin resembling, or apparently intended By $8 it is enacted, That if any person to resemble or pass for, any of the king's shall have in his custody or possession current gold or silver coin, or offer so to three or more pieces of false or counterdo, at or for a lower rate or value than the feit coin resembling, or apparently insame by its denomination imports; or if tended to resemble or pass for, any of the any person shall import into the United king's current gold or silver coin, knowKingdom, from beyond the seas, any false ing the same to be false or counterfeit, or counterfeit coin resembling, or appa- and with intent to utter or put off the rently intended to resemble or pass for, same, he shall be liable to be imprisoned any of the king's current gold or silver for any term not exceeding three years; coin, knowing the same to be false or and if any person so convicted shall after: counterfeit, he shall be liable to be trans- | wards commit the like misdemeanor, or ported for life, or for any term not less crime and offence, he shall be liable to be than seven years, or to be imprisoned for transported for life, or for any term not any term not exceeding four years. less than seven years, or to be imprisoned
By $ 7 it is enacted, That if any person for any term not exceeding four years. shall tender, utter, or put off any false or The above provisions relate to the pro
tection of the gold and silver coin : by COLLEGIUM, or CONLE'GIUM $ 12 of the same statute similar provisions (from the word Colligo, “ to collect or were made with respect to copper coin; bring together”), literally signifies any but the penalties are transportation for association or body of men. The word seven years, or imprisonment for any Corpus was also used in the same sense, term not exceeding two years.
and those who were members of a col. Section 10 of the act contains a provi- legium or corpus were hence called corsion against making, mending, or having porati; from which come our terms corin possession any coining tools. The poration and corporators.
The word penalties are transportation beyond the Corporatio_(Corporation) was also used seas for life, or for any term not less than under the Empire. The word Universiseven years, or imprisonment for any term tas was sometimes used as equivalent to not exceeding four years.
Collegium or Corpus, but it had also the The form of this act of parliament is a more general signification of “comgood example of the adherence to esta-munity," or “collective body of citizens." blished principles. The object of the act In the Roman polity collegium signified is to protect the public interest, and to any association of persons such as the law prevent people from being defrauded by allowed, and which was confirmed by the makers and issuers of base coin; and special enactment or by a senatus conit is for the public interest that such fraud sultum, or an imperial constitution, in as coining should be punished with any which case it was called Collegium Leamount of severity that is necessary to gitimum. A collegium necessarily conattain the object. But the offence is sisted of three persons at least. (Dig. treated, even in the last act, as if it con 50, tit. 16, s. 85.) sisted in counterfeiting the king's coin, In general, any association for the purand not in injuring the public; and thus pose of forming a collegium, unless it had the legal offence is made to consist in the the sanction of a senatus consultum, or of imitating of that coin which the king the emperor, was illegal (illicitum); but alone, by his prerogative, can make and when dissolved, the members were alissue; for it is an offence against the lowed to divide the property of the asking's prerogative, whether the coin is of sociation according to their respective base metal or as good as the king's coin. shares. The members of a collegium The form of the act, however, accom were called Sodales : the terms and obplishes the object, just as well as if it ject of their union or association might were based on the principle of the mis- be any that were not illegal. They could chief of coining; and the preservation of make regulations for the administration forms is certainly of some importance in of affairs, or by-laws as we call them, governments of all kinds. The punishment provided such regulations were not confor making coin to imitate the king's coin, trary to law. (Dig. 47, tit. 22.) even if the metal be as good as the king's, A great variety of collegia (many of is necessary; for there would be no secu- them like our companies or guilds) existed rity for good money if anybody might at Rome both before and under the empire, make it. But some changes have been as we see by ancient writings and inscripmade by the act of William IV., which tions, such as the Collegia Fabrorum, Pishave brought the law nearer to its true torum, Pontificum, Fratrum Arvalium, Viobject. Those offences against the coin rorum Epulonum, Augurum, &c. Some which were formerly high treason are of these, such as the colleges of Pontifices now felony; and the punishment of and Augurs, were of a religious charactransportation has been substituted for ter. These collegia possessed property the former punishment of death, a cir as a corporate body; and in the time of cumstance which tends to render the the emperor M. Antoninus, if they were execution of the law more steady and efo Wllegia legitima, they could take a legacy ficient. [Mint.]
Cr bequest (Dig. 34, tit. 5, s. 20) in their COLLATION. [ADVOwson; BENE- corporate capacity. Collegia were alTICE, p. 340.]
lowed, as a inatter of course, to have a
common chest, and an actor, syndicus or , has mentioned in the terms of the endos attorney, to look after their rights and ment. It is called a Lay corporation interests, and appear on their behalf. because it is not subject to the jurisdietio (Dig. 3, tit. 4, s. 1.) The maxims that of the ecclesiastical courts, or to the visi what was due to a university was not due ation of the ordinary or diocesan in hi to the individual members, and that the spiritual capacity. (Blackstone, Com. i debts of universities were not the debts of p. 471.) These eleemosynary corporathe individual members, and that even tions however are generally composed ca though all the members were changed, spiritual persons, and have a spiritna the university still existed, comprehend character; but they are considered a the essential notion of a corporation as Lay corporations for the reason just mes now understood. In most cases the tioned. members probably filled up vacancies in The particular form and constituting their own body.
of a college depend on the terms of it The word Collegium was also applied foundation. A college generally colto various magistrates : the Tribunes of sists of a head, called by the various the Plebs were called Collegium Tribu- names of provost (præpositus), mastr: Dorum; and the Prætors, Collegium Præ- rector, principal or warden, and of a body torum. The word is also applied to the of fellows (socii), and generally of schoconsuls, though they were only two (Liv. lars also, besides various officers or serX. 22); and the two consuls were called vants, according to the peculiar nature : Collegae with respect to one another. the foundation. A college is wholly Varro (Ling. Lat. vi. 66) says that those subject to the laws, statutes, and oru:Roman magistrates were called Collegae nances which the founder makes, and to with respect to one another, who were the visitor whom he appoints, and to do elected at the same time (una lecti); and others. All elections, and the genera consistently with this explanation, it is management of a college, must be in cocstated by M. Messala (quoted by Gellius, formity with such statutes or rules. If xiii. 15), that the Censors were not col- college does not exceed its jurisdiction leagues of the consuls, but the Prætors the king's courts have no cognizance, a were.
expulsion of a member is entirely withia Besides the senses above mentioned, its jurisdiction. If there is no special Collega was used to express any associate; visitor appointed by the founder, eine and Collegium to express any association right of visitation, in default of the heirs of individuals. Accordingly Collegia of the founder, devolves upon the kirk. are sometimes called Societates; but the who exercises it by the great seal. Whia proper sense of Collegium must not be the king is founder, his successors are confounded with the proper sense of So- the visitors. cietas, which is merely a partnership. The general power of a visitor is to The nature of Roman corporate bodies is judge according to the statutes of a cofurther considered under UNIVERSITY. lege, to expel and deprive for just reason,
In England a COLLEGE is an Eleemo- and to hear appeals." His precise powers synary Lay Corporation, of the same are determined by the founder's statutes, kind as an hospital, and it exists as a cor and if there are any exceptions to his porate body either by prescription or by power, the jurisdiction in such excepted the grant of the king. A college is not cases devolves on the king. Certais necessarily a place of learning. An times are generally named in the statuta hospital also is not necessarily a mere for visitation, but the visitor may v. charitable endowment, but is sometimes whenever he is called on, for it is ideidert also a place of learning, as Christ's Hose to his office to hear complaints. So loss pital, London.
as a visitor keeps within his jurisdiction A college is called Eleemosynary, be his acts cannot be controlled, and there is cause its object is the perpetual distribu- no appeal from him, as was decided in tion of alms (eleemosynae) or bounty of the well known case of Philips r. Bury, the founder, among such persons as he or the case of Exeter College, Oxford
(Show. P. C. 35.) A visitor is not bound was valid in which the master did not to any particular forms of proceeding, concur. and, in general, want of jurisdiction is The statutes of Clare Hall, Cambridge, the only ground on which he is liable to require “ that the election of a fellow prohibition. If a visitor's power is not shall be by the master and the major part limited or defined, he must use his best of the fellows present;" and here it was discretion. If a power to interpret the held (A.D. 1788) that a valid election statutes is given to any person, as to the might be made without the concurrence bishop of the diocese, this will constitute of the master. But this interpretation is him and his successors visitors. The obviously wrong, and is referred to with heirs of a founder cannot alter the sta- disapprobation in the subsequent case of tutes, unless such a power is expressly Queen's College, Cambridge (5 Russell). reserved ; and it appears, that where the Colleges (13 Eliz. c. 10) cannot grant king is founder, his successors cannot leases of their land beyond twenty-one alter statutes without the consent of the years, or three lives; and in such leases college, unless such a power is reserved. the accustomed yearly rent, or more, must But as to the power to alter statutes, it be reserved, payable yearly during the must be observed, that in the case of the term. By 18 Eliz. c. 6, in all leases crown at least, it has not unfrequently made by colleges in the universities, and been done, though such a power might by the colleges of Winchester and Eton, possibly be disputed, unless expressly one-third of the whole rent must be rereserved to the founder and his successors served in corn. The Mortmain Act of by the original statutes.
9 Geo. II. C. 36, which has put consiWhenever a visitor is appointed, the derable obstacles in the way of gifts of Court of Chancery never interferes with land or money to be laid out in land in the internal management of a college ; but England for charitable purposes, does not this court exercises jurisdiction on all extend to the two universities of Oxford matters pertaining to the management of and Cambridge, or to colleges in the two the funds, for as to the funds of a college, universities, nor to gifts in favour of the those who possess the legal estate are in scholars of Eton, Winchester, and Westthe situation of trustees. If governors, minster. This statute contairieu à reor persons called visitors, have the legal striction as to the number of advowsons estate, and are intrusted with the rents which a college in either of the univerand profits, the Court of Chancery will sities of Oxford and Cambridge was almake them account. In colleges, when | lowed to hold ; but this restriction was a new foundation is engrafted on the old removed by 45 Geo. III. c. 101, having one, it becomes part of the old one, and been found, as the preamble to this statute subject to the same visitorial authority, sets forth, injurious to learning. These unless new statutes are given with the colleges can therefore now purchase and new foundation.
hold as many advowsons as they please. The validity of all elections in colleges Of late years various places of learning must be determined by the words of the have been incorporated under the name founder's statutes or rules. In the dis- of Colleges by royal charter, such as putes that have arisen on elections, the University College and King's College, point has generally been, whether the London. Both these colleges consist of master's concurrence is necessary, or a large number of shareholders or prowhether a bare majority of the electora, prietors, in whom the property of the of which electors the master is one, is college is vested. Both these colleges snfficient. In Catherine Hall, Cam are governed by a council ; and King's bridge, fellows must be elected "com- College has also a principal, and in other muni omnium consensu, aut saltem ex respects is assimilated to the colleges at consensu magistri, et majoris partis com Oxford and Cambridge. University Col. munitatis ;” and it was held by Lord lege has no principal or other correspond. Eldon, upon these words and another ing officer: but it has a senate composed clause which follows, that no election of the professors of the college, a pre