1,752,000 3,222,000 The shipments from these ports to one another are estimated at 350,000 cwts., which reduces the total importation to 2,972,000 cwts. This does not include the whole of the supply received in Europe. Sweden, for instance, in 1840 imported 2,519,986 lbs. from Brazil. In 1835, or within a year or two of that date, the imports into Bremen were 4500 cwts.; St. Petersburg, 2000 cwts.; Denmark, 1400 cwts.; Spain (from Cuba only), 1000 cwts.; Naples and Sicily, 640 cwts.; Venice, 320 cwts.; Fiume, 170 cwts.; but in these last-mentioned places the imports were not wholly direct from the countries of production. In the nine months ending June 30, 1843, there were imported into the United States of North America 92,295,660 lbs. of coffee, valued at 6,346,787 dollars: the importation from Brazil was 49,515,666 lbs.; from Cuba, 16,611,987; and from Hayti, 10,811,288 lbs. The quantity of coffee re-exported during the above period was 6,378,994 lbs. There is no import duty on coffee in the United States. For the year ending 5th Jan., 1845, the consumption of coffee in the United Kingdom was 31,394,225 lbs. (19,564,082 British, and 11,830,143 foreign); the importations were From British possessions 24,110,283 lbs. Foreign 22,410,960,, 46,521,243 Since 1835 we have been gradually enlarging the sources of supply, and the consequence has been increased importation and diminution of price. The quantity of coffee re-exported from the United Kingdom in 1844 was 6,306,000 lbs., all of which, with the exception of 155,703 lbs., was foreign. Of 9,505,634 lbs. exported in 1842, Belgium took 3,709,400 lbs.; Germany, 1,005,206 lbs.; Holland, 986,122 lbs.; Italy, 926,279 lbs.; Turkey, 850,829 lbs.; and the remainder was sent in smaller quantities to thirty-one other countries. The price of coffee in London has been gradually declining for several years, and has fallen as follows per cwt. : per 100 lbs.; in Austria, 428. per 123 lbs.; in France, 21. 8s. to 4l. per 100 kilogrammes. In 1835 the duty on coffee consumed in the United Kingdom was 652,123l.; 564,176. in 1838; 373,573. in 1840; and in the years ending 5th July, 1843 and 1844, 375,9747. and 351,1017. colonies. In Belgium the duty is 16s. 8d. | cuted by the sheriff, by the agency of his under-sheriff. When the jury have assessed the damages, the sheriff returns the inquisition, which is entered upon the roll in the form of a postea, and the judgment is then complete, the defendant's plea having already confessed the cause of action, and the damages having been assessed by a jury. If the action be for the recovery of a specific amount, as in an action of debt, the judgment entered up upon a plea of cognovit actionem is conclusive against the defendant, as it confesses the entire declaration. On this account it is a common practice for a debtor to strengthen the security of his creditor by executing a warrant of attorney to an attorney named by the creditor, authorising him to confess a judgment by a plea of cognovit in an action of debt to be brought by the creditor against the debtor for the specific sum due to him. But in order to prevent fraud, it is provided by 1 & 2 Vict. c. 110, § 9, 10, that such warrant of attorney or cognovit is of no force unless there be present an attorney of one of the superior courts, on behalf of the party who gives it, expressly named by him, and attending at his request, to inform him of the effect of the instrument before he executes it, and who must subscribe as a witness to the execution, and declare himself to be the attorney for the party. In order to make this process effectual as against the assignees of the debtor, if he should become bankrupt or insolvent, warrants of attor Chicory and other substitutes for coffee are prohibited in several countries; but in England it is becoming an important article in commerce. In 1840 the quantity of raw chicory retained for home consumption was 3932 cwts.; and in the years ending 5th July, 1843 and 1844, 20,775 and 31,720 cwts. The duty of 20s. per cwt. was not altered by the tariff of 1842. The present value of the article is 9s. 6d. per cwt. exclusive of duty. The effect of rendering such a beverage as coffee cheap has been attended with beneficial moral effects. In 1685 Charles II. issued a proclamation for suppressing coffee-houses, in which he speaks of "the multitude of coffee-houses lately set up in this kingdom" as being the resort of disaffected persons. The proclamation was soon withdrawn. In 1844 the number of coffee-houses in London was above 600. Thirty years ago there was scarcely one where coffee was supplied at less than 6d. a cup; and there were none to which the humbler classes could resort. There are now many houses (coffee-shops) where from 700 to 800 persons a day are served at the charge of 1d. per cup; some where 1500 or 1600 per-ney and cognovits must be filed in the sons are served at 14d.; and all these houses are supplied with newspapers and periodical publications for the use of the persons who frequent them. A few years ago the working classes had no other place but the public-house to which they could resort for refreshment. Court of Queen's Bench within twenty-one days after execution, or judgment must be signed or execution issued thereon within the same period. (3 Geo. IV. c. 39; 6 Geo. IV. c. 16, § 108; 1 & 2 Vict. c. 110, § 60, 61; 6 & 7 Vict. c. 66. Harrison's Digest of Reported Cases, titles Bail," "Warrant of Attorney;" Stephen's Comm. vol. iii. p. 634.) COHABITATION. [CONCUBINAGE.] COGNOVIT is a plea, in an action at law, whereby the defendant acknowledges or confesses the justice of the plaintiff's demand against him (cognovit actionem). By this plea a trial is avoided and judg-plicated laws upon this subject, passed ment is entered up for the plaintiff. But where the action is for damages, this judgment is not final, as the amount of damages remains to be assessed by a jury, under a writ of inquiry, which is exe from time to time during several centuries, to protect the coin of the realm, were repealed by the 2 Will. IV. c. 34. The operation of this statute is confined to Great Britain and Ireland; and the former are not repealed, so far as they may be in force in any part of the king's dominions out of the United Kingdom. The making or coining of money being one of the prerogatives of the crown, the counterfeiting of the king's coin was in early periods of the history of English law considered to be a usurpation upon the royal authority, and upon that principle constituted the offence of high treason both by the common law and by various statutes. By 2 Will. IV. c. 34, § 3, it is enacted, with respect to gold and silver coin, That any person falsely making or counterfeiting any coin resembling, or apparently intended to resemble or pass for, the king's current gold or silver coin, shall be liable to transportation for life, or any term not less than seven years, or to imprisonment for any term not exceeding four years. The 4th section of the act imposes the same punishment upon the offences of colouring, washing, or casing over any metal or counterfeit coin so as to pass for the genuine gold and silver coin of the realm; and of filing, washing, or otherwise altering silver coin so as to pass for gold, or copper coin so as to pass for silver or gold. By § 5, persons impairing, diminishing, or lightening the king's current gold or silver coin, with intent to make it pass for the king's current gold or silver coin, are made liable to transportation for fourteen years, or imprisonment for three years. By § 6 of the statute it is enacted, That if any person shall buy, sell, receive, pay or put off, any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, or offer so to do, at or for a lower rate or value than the same by its denomination imports; or if any person shall import into the United Kingdom, from beyond the seas, any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, knowing the same to be false or counterfeit, he shall be liable to be transported for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years. By § 7 it is enacted, That if any person shall tender, utter, or put off any false or counterfeit coin, resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, knowing the same to be false or counterfeit, he shall be liable to imprisonment for any term not exceeding one year; and if any person shall tender, utter, or put off any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, knowing the same to be false or counterfeit, and such person shall, at the time of such tendering, uttering, or putting off, have in his possession, besides the false or counterfeit coin so tendered, uttered, or put off, one or more piece or pieces of false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, or shall, either on the day of such tendering, uttering, or putting off, or within the space of ten days then next ensuing, tender, utter, or put off any more or other false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, knowing the same to be false or counterfeit, he shall be liable to imprisonment for any term not exceeding two years. And it is further declared by the same section, that if any person who shall have been convicted of any of the offences therein before mentioned, shall afterwards commit any of such offences, he shall be liable to be transported for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years. By § 8 it is enacted, That if any person shall have in his custody or possession three or more pieces of false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin, knowing the same to be false or counterfeit, and with intent to utter or put off the same, he shall be liable to be imprisoned for any term not exceeding three years; and if any person so convicted shall after. wards commit the like misdemeanor, or crime and offence, he shall be liable to be transported for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years. The above provisions relate to the pro tection of the gold and silver coin: by 12 of the same statute similar provisions were made with respect to copper coin; but the penalties are transportation for seven years, or imprisonment for any term not exceeding two years. Section 10 of the act contains a provision against making, mending, or having in possession any coining tools. The penalties are transportation beyond the seas for life, or for any term not less than seven years, or imprisonment for any term not exceeding four years. The form of this act of parliament is a good example of the adherence to established principles. The object of the act is to protect the public interest, and to prevent people from being defrauded by the makers and issuers of base coin; and it is for the public interest that such fraud as coining should be punished with any amount of severity that is necessary to attain the object. But the offence is treated, even in the last act, as if it consisted in counterfeiting the king's coin, and not in injuring the public; and thus the legal offence is made to consist in the imitating of that coin which the king alone, by his prerogative, can make and issue; for it is an offence against the king's prerogative, whether the coin is of base metal or as good as the king's coin. The form of the act, however, accomplishes the object, just as well as if it were based on the principle of the mischief of coining; and the preservation of forms is certainly of some importance in governments of all kinds. The punishment for making coin to imitate the king's coin, even if the metal be as good as the king's, is necessary; for there would be no security for good money if anybody might make it. But some changes have been made by the act of William IV., which have brought the law nearer to its true object. Those offences against the coin which were formerly high treason are now felony; and the punishment of transportation has been substituted for the former punishment of death, a circumstance which tends to render the execution of the law more steady and efficient. [MINT.] COLLATION. [ADVOWSON; BENEFICE, p. 340.] COLLEGIUM, or CONLEGIUM (from the word Colligo, "to collect or bring together"), literally signifies any association or body of men. The word Corpus was also used in the same sense, and those who were members of a collegium or corpus were hence called corporati; from which come our terms corporation and corporators. The word Corporatio (Corporation) was also used under the Empire. The word Universitas was sometimes used as equivalent to Collegium or Corpus, but it had also the more general signification of "community," or "collective body of citizens." In the Roman polity collegium signified any association of persons such as the law allowed, and which was confirmed by special enactment or by a senatus consultum, or an imperial constitution, in which case it was called Collegium Legitimum. A collegium necessarily consisted of three persons at least. (Dig. 50, tit. 16, s. 85.) In general, any association for the purpose of forming a collegium, unless it had the sanction of a senatus consultum, or of the emperor, was illegal (illicitum); but when dissolved, the members were allowed to divide the property of the association according to their respective shares. The members of a collegium were called Sodales: the terms and object of their union or association might be any that were not illegal. They could make regulations for the administration of affairs, or by-laws as we call them, provided such regulations were not contrary to law. (Dig. 47, tit. 22.) A great variety of collegia (many of them like our companies or guilds) existed at Rome both before and under the empire, as we see by ancient writings and inscriptions, such as the Collegia Fabrorum, Pistorum, Pontificum, Fratrum Arvalium, Virorum Epulonum, Augurum, &c. Some of these, such as the colleges of Pontifices and Augurs, were of a religious character. These collegia possessed property as a corporate body; and in the time of the emperor M. Antoninus, if they were collegia legitima, they could take a legacy or bequest (Dig. 34, tit. 5, s. 20) in their corporate capacity. Collegia were allowed, as a matter of course, to have a common chest, and an actor, syndicus or attorney, to look after their rights and interests, and appear on their behalf. (Dig. 3, tit. 4, s. 1.) The maxims that what was due to a university was not due to the individual members, and that the debts of universities were not the debts of the individual members, and that even though all the members were changed, the university still existed, comprehend the essential notion of a corporation as now understood. In most cases the members probably filled up vacancies in their own body. The word Collegium was also applied to various magistrates: the Tribunes of the Plebs were called Collegium Tribunorum; and the Prætors, Collegium Prætorum. The word is also applied to the consuls, though they were only two (Liv. x. 22); and the two consuls were called Collegae with respect to one another. Varro (Ling. Lat. vi. 66) says that those Roman magistrates were called Collegae with respect to one another, who were elected at the same time (una lecti); and consistently with this explanation, it is stated by M. Messala (quoted by Gellius, xiii. 15), that the Censors were not colleagues of the consuls, but the Prætors were. Besides the senses above mentioned, Collega was used to express any associate; and Collegium to express any association of individuals. Accordingly Collegia are sometimes called Societates; but the proper sense of Collegium must not be confounded with the proper sense of Societas, which is merely a partnership. The nature of Roman corporate bodies is further considered under UNIVERSITY. In England a COLLEGE is an Eleemosynary Lay Corporation, of the same kind as an hospital, and it exists as a corporate body either by prescription or by the grant of the king. A college is not necessarily a place of learning. An hospital also is not necessarily a mere charitable endowment, but is sometimes also a place of learning, as Christ's Hospital, London. A college is called Eleemosynary, because its object is the perpetual distribution of alms (eleemosynae) or bounty of the founder, among such persons as he has mentioned in the terms of the endowment. It is called a Lay corporation, because it is not subject to the jurisdiction of the ecclesiastical courts, or to the visitation of the ordinary or diocesan in his spiritual capacity. (Blackstone, Comm. i. p. 471.) These eleemosynary corporations however are generally composed of spiritual persons, and have a spiritual character; but they are considered as Lay corporations for the reason just mentioned. The particular form and constitution of a college depend on the terms of the foundation. A college generally consists of a head, called by the various names of provost (præpositus), master, rector, principal or warden, and of a body of fellows (socii), and generally of scholars also, besides various officers or servants, according to the peculiar nature of the foundation. A college is wholly subject to the laws, statutes, and ordinances which the founder makes, and to the visitor whom he appoints, and to no others. All elections, and the general management of a college, must be in conformity with such statutes or rules. If a college does not exceed its jurisdiction, the king's courts have no cognizance, and expulsion of a member is entirely within its jurisdiction. If there is no special visitor appointed by the founder, the right of visitation, in default of the heirs of the founder, devolves upon the king, who exercises it by the great seal. When the king is founder, his successors are the visitors. The general power of a visitor is to judge according to the statutes of a college, to expel and deprive for just reason, and to hear appeals. His precise powers are determined by the founder's statutes, and if there are any exceptions to his power, the jurisdiction in such excepted cases devolves on the king. Certain times are generally named in the statutes for visitation, but the visitor may visit whenever he is called on, for it is incident to his office to hear complaints. So long as a visitor keeps within his jurisdiction his acts cannot be controlled, and there is no appeal from him, as was decided in the well-known case of Philips . Bury, or the case of Exeter College, Oxford. |