CLOSE

CLOSE.

An interest in the soil (Doctor & Stud. 30; 6 East, 154; 7 East, 207; 1 Burrows, 133), or in trees or growing crops (4 Mass. 266; 9 Johns. [N. Y.] 113).

An inclosed tract of land. 3 Bl. Comm. 209.

In every case where one has a right to exclude another from his land, the law encircles it, if not actually inclosed with an imaginary fence, and entitles him to a compensation in damages for the injury he sustains by the act of another passing through his boundary denominating such land a "close." Hammond, N. P. 151; Doctor & Stud. dial. 1, c. 8, p. 30; 2 Whart. (Pa.) 430.

Instruments or other proceedings in writing, which appear upon the records and thereby cast doubt on the validity of the record title. Parker v. Shannon, 121 Ill. 454.

An outstanding claim or encumbrance, which, if valid, would affect or impair the title of the owner, and which appears on its face to have that effect but which can be shown by extrinsic evidence to be invalid. Roby v. South Park Comms., 215 Ill. 203. To the same effect see Petty v. Beers, 224 Ill. 130.

The semblance of a title, either legal or equitable, or a claim of an interest in lands, appearing in some legal form, but which is, in fact, unfounded, or which it would be inequitable to enforce. Dodsworth v. Dodsworth, 254 Ill. 51; Allott

COAL MINE

v. American, etc., Co., 237 Ill. 60; Roby v. South Park Commissioners, 215 Ill. 204; Griffiths v. Griffiths, 198 Ill. 637; Shults v. Shults, 159 Ill. 663; Rigdon v. Shirk, 127 Ill. 412; Harts v. Kimball, 149 Ill. App. 529; Kesner v. Miesch, 107 Ill. App. 470.

A title or encumbrance apparently valid but actually invalid. Allott v. American, etc., Co., 237 Ill. 60; Roby v. South Park Commissioners, 215 Ill. 204; Goodkind v. Bartlett, 136 Ill. 21; Eagleston v. Goodykoontz, 182 Ill. App. 319.

A semblance of a title, either legal or equitable, which, if valid, would affect or impair the title but which can be shown by extrinsic evidence to be invalid. Glos v. People, 259 Ill. 342; Roby v. South Park Commissioners, 215 Ill. 204; Reed v. Tyler, 56 Ill. 291.

Mere Assertion of Ownership.

A mere verbal claim or oral assertion of ownership in property, is not a cloud upon the title. Parker v. Shannon, 121

Ill. 454.

Title Invalid on Its Face.

Where title is invalid on its face, so that it can never be successfully maintained, it does not amount to a cloud. Glos v. People, 259 Ill. 343; Roby v. South Park Commissioners, 215 Ill. 204; Shults v. Shults, 159 Ill. 663; Gage v. Starkweather, 103 Ill. 561.

CLUB.

An assemblage of individuals for a common purpose. Cortland v. Larson, 273 Ill. 610.

The term "club" imports a deadly weapon. Schwarz v. Poehlmann, 178 Ill. App. 238; McNary v. People, 32 Ill. App. 62.

CLUBROOMS.

The rooms or quarters used by a club. Cortland v. Larson, 273 Ill. 610.

COAL MINE.

The expression "coal mine," as used in the Miners' Act in its general sense,

COAL SHAFT

is intended to signify any and all parts of the property of a mining plant, on the surface or underground, which contributes, directly or indirectly, under one management, to the mining or handling of coal. Miners Act §30 (J. & A. ¶ 7504); Miners Act of 1899 § 34; Hakanson v. La Salle, etc., Co., 265 Ill. 167; Moore v. Dering, etc., Co., 242 Ill. 87; Spring Valley, etc., Co., v. Greig, 226 Ill. 516; Pruett v. O'Gara, etc., Co., 165 Ill. App. 480; Moore v. Dering, etc., Co., 147 Ill. App. 97.

CODE COCKET.

A seal appertaining to the king's custom house. Reg. Orig. 192.

A scroll or parchment sealed and delivered by the officers of the custom house to merchants, as an evidence that their wares are customed. Cowell; Spelman. See 7 Low. (U. S.) 116.

The entry list in the custom house itself.

COAL SHAFT.

A mining lease covenanting that a certain "coal shaft" mentioned therein shall never be connected underground with any other mines is not broken where the "coal mine" which was leased is connected with other mines, while the shaft is not so connected, and the coal taken from the leased mine was hoisted from shafts on such other mines, the "coal shaft" and "coal mine," as so used, being not synonymous. Pruett v. O'Gara, etc., Co., 165 Ill. App. 480.

COAST.

The margin of a country bounded by the sea. This term includes the natural appendages of the territory which rise out of the water, although they are not of sufficient firmness to be inhabited or fortified. Shoals perpetually covered with water are not, however, comprehended under the name of "coast." 5 C. Rob. Adm. 385c.

COASTING TRADE.

Domestic trade between port and port in the United States, as distinguished from foreign trade between a port in the United States and a port in a foreign country. 1 Wend. (N. Y.) 557; 10 Cal. 504. It is said to include trade between places in the same district on a navigable river (3 Cow. [N. Y.] 713), but not to the mere crossing of a river (1 Newb. 24).

CODE.

A body of law established by the legislative authority of the state, and designed to regulate completely, so far as a statute may, the subjects to which it relates.

Austrian.

The Civil Code was promulgated in 1811, the code of Joseph II. (1780) having been found wholly unsuited to the purpose and by his successor abrogated. It is founded in a great degree upon the Prussian. The Penal Code (1852) is said to adopt to some extent the characteristics of the French Penal Code.

Bergundian.

Lex Romana, otherwise known in modern times as the Papiniani Responsorum. Promulgated A. D. 517.

It was founded on the Roman law, and its chief interest is the indication which, in common with the other Barbaric codes, it affords of the modifications of jurisprudence under the changes of society amidst which it arose.

Consolato del Mare.

A code of maritime law of high antiquity and great celebrity.

Its origin is not certainly known. It has been ascribed to the authority of the ancient kings of Arragon; but there is some reason for maintaining the theory that it was gradually collected and handed down as a digest of all the principal rules and usages established among the maritime nations of Europe from the twelfth to the fourteenth century. Since it was first printed at Barcelona in the

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fourteenth century, it has been enlarged from time to time by the addition of various commercial regulations. Its doctrines are founded to a large extent on the Greek and Roman law. It seems to have been originally written in the dialect of Catalonia; but it has been translated into every language of Europe, except English. It is referred to at the present day as an authority in respect to the ownership of vessels, the rights and obligations thereto, to the rights and responsibilities of master and seamen, to the law of freight of equipment and supply, of jettison and average, of salvage, of ransom, and of prize. The edition of Pardessus, in his Collection de Lois Maritimes (volume 2), is deemed the best.

French Codes.

The chief French codes of the present day are five in number, sometimes known as Les Cinq Codes. They were in great part the work of Napoleon, and the first in order bears his name. They are all frequently printed in one duodecimo volume. These codes do not embody the whole French law, but minor codes and a number of scattered statutes must also be resorted to upon special subjects.

(1) Code Civil, or Code Napoleon, is composed of thirty-six laws, the first of which was passed in 1803, and the last in 1804, which united them all in one body, under the name of Code Civil des Francais.

The first steps towards its preparation were taken in 1793, but it was not prepared till some years subsequently and was finally thoroughly discussed in all its details by the court of Cassation, of which Napoleon was president, and in the discussions of which he took an active part throughout. In 1807 a new edition was promulgated, the title Code Napoleon being substituted. In the third edition (1816) the old title was restored; but in 1852 it was again displaced by that of Napoleon.

Under Napoleon's reign, it became the law of Holland, of the Confederation of the Rhine, Westphalia, Bavaria, Italy, Naples, Spain, etc. It has undergone great amendment by laws enacted since it was

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established. It is divided into three books: Book 1, "Of Persons and the Enjoyment and Privation of Civil Rights." Book 2, "Property and Its Different Modifications." Book 3, "Different Ways of Acquiring Property." Prefixed to it is a preliminary title, "Of the Publication, Effects and Application of Laws in General."

(2) Code de Procedure Civil. That part of the code which regulates civil proceedings.

It is divided into two parts: Part 1 consists of five books, the first of which treats of justices of the peace; the second, of inferior tribunals; the third, of royal (or appellate) courts; the fourth, of extraordinary means of proceeding; the fifth, of the execution of judgments. Part 2 is divided into three books, treating of various matters and proceedings special in their nature.

(3) Code de Commerce. The code for the regulation of commerce.

This code was enacted in 1807. Book 1 is entitled, "Of Commerce in General." Book 2, "Maritime Commerce." The whole law of this subject is not embodied in this book. Book 3, "Failures and Bankruptcy." This book was very largely amended by the law of 28th May, 1838. Book 4, "Of Commercial Jurisdiction," the organization, jurisdiction, and proceedings of commercial tribunals. This code is, in one sense, a supplement to the Code Napoleon, applying the principles of the latter to the various subjects of commercial law. The two contain much that is valuable upon commercial subjects. Pardessus is one of the most able of its expositors.

(4) Code d'Instruction Criminelle. The code regulating procedure in criminal cases, taking that phrase in a broad sense.

Book 1 treats of the police; book 2, of the administration of criminal justice. It was enacted in 1808 to take effect with the Penal Code in 1811. (5) Code Penal. inal code.

The penal or crim

Enacted in 1810. Book 1 treats of penalties in criminal and correctional cases, and their effects; book 2, of crimes and misdemeanors, and their punishment;

Hanse Towns, Laws of the.

A code of maritime law established by the Hanseatic towns.

It was first published in German, at Lubec, in 1597. In an assembly of deputies from the several towns, held at Lubec, May 23, 1614, it was revised and enlarged. The text with a Latin translation, was published with a commentary by Kuricke; and a French translation has been given by Cleirac in Us et Coutumes de la Mer. It is not infrequently referred to on subjects of maritime law.

Henri.

(French.) The best known of several collections of ordinances made during the sixteenth, seventeenth, and eighteenth centuries, the number of which in part both formed the necessity and furnished the material for the Code Napoleon.

(Haytien.) A very judicious adaptation from the Code Napoleon for the Haytiens. It was promulgated in 1812 by Christophe (Henri I.).

Hermogenian.

An unofficial compilation, made in the fourth century, supplementary to the Code of Gregorius. It is not now extant.

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Institutes of Menu.

A code of Hindu law, of great antiquity, which still forms the basis of Hindu jurisprudence (Elphinstone's History of India, p. 83), and is said also to be the basis of the laws of the Burmese and of the Laos (Buckle, History of Civilization, vol. 1 p. 54, note 70).

The Institutes of Menu are ascribed to about the ninth century B. C. A translation will be found in the third volume of Sir William Jones' Works.

Justinian Code.

A collection of imperial ordinances compiled by order of the emperor Justinian.

All the judicial wisdom of the Roman civilization which is of importance to the American lawyer is embodied in the comilations to which Justinian gave his name, and from which that name has received its lustre. Of these, first in contemporary importance, if not first in magnitude and present interest, was the Code. In the first year of his reign, he commanded Tribonian, a statesman of his court, to revise the imperial ordinances. The first result, now known as the Codex Vetus, is not extant. It was superseded

few years after its promulgation by a new and more complete edition. Although it is this alone which is now known as the Code of Justinian, yet the Pandects and the Institutes which followed it are a part of the same system, declared by the same authority; and the three together form one codification of the law of the empire. The first of these works occupied Tribonian and nine associates fourteen months. It is comprised in twelve divisions or books, and embodies all that was deemed worthy of preservation of the imperial statutes from the time of Hadrian down. The Institutes is an elementary treatise prepared by Tribonian and two associates upon the basis of a similar work by Gaius, a lawyer of the second century.

The Pandects, which were made public about a month after the Institutes, were an abridgment of the treaties and the commentaries of the lawyers. They were presented in fifty books. Tribonian and

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the sixteen associates who aided him in this part of his labors accomplished this abridgment in three years. It has been judged to bear obvious marks of the haste with which it was compiled; but it is the chief embodiment of the Roman law, though not the most convenient resort for the modern student of that law.

Tribonian found the law, which for fourteen centuries had been accumulating, comprised in two thousand books, orstated according to the Roman method of computation in three millicn sentences. It is probable that this matter, if printed ir law volumes such as are now used, would fill from three to five hundred volumes. The commissioners were instructed to extract a series of plain and concise laws, in which there should be no two laws contradictory or alike. In revising the imperial ordinances, they were empowered to amend in substance as well as in form.

The codification being completed, the emperor decreed that no resort should be had to the earlier writings, nor any comparison be made with them. Commentators were forbidden to disfigure the new with explanations, and lawyers were forbidden to cite the old. The imperial authority was sufficient to sink into oblivion nearly all the previously existing sources of law; but the new statutes which the emperor himself found it necessary to establish in order to explain, complete, and amend the law, rapidly accumulated throughout his long reign. These are known as the "Novels." The Code, the Institutes, the Pandects, and the Novels, with some subsequent additions, constitute the Corpus Juris Civilis. Though the Code has lost its sanction, and the Pandects are of secondary value to the present age, the Institutes stand an undisturbed monument of the science. The masterly arrangement of the outline of the law there adopted is to this day a model for digests and commentaries. The familiar classification employed by Blackstone is based on this. So far as translation and modern illustration go, it is through the Institutes that the civil law is most accessible to the student.

Among English translations of the In

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stitutes are that by Cooper (Phila. 1812; N. Y. 1841),-which is regarded as a very good one, and that by Sanders (Lond. 1853), which contains the original text also, and copious references to the Digests and Code. Among the modern French commentators are Ortolan and Pasquiere.

Mosaic Code.

The code proclaimed by Moses for the government of the Jews, B. C. 1491.

One of the peculiar characteristics of this code is the fact that whilst all that has ever been successfully attempted in other cases has been to change details without reversing or ignoring the general principles which form the basis of the previous law, that which was chiefly done here was the assertion of great and fundamental principles in part contrary and in part perhaps entirely new to the customs and usages of the people. These principles, thus divinely revealed and sanctioned, have given the Mosaic Code vast influence in the subsequent legislation of other nations than the Hebrews. The topics on which it is most frequently referred to as an authority in our law are those of marriage and divorce, and questions of affinity, and of the punishment of murder and seduction. The commentaries of Michaelis and of Wines are valuable aids to its study.

Ordonnance de la Marine.

A code of maritime law enacted in the reign of Louis XIV.

It was promulgated in 1681, and with great completeness embodied all existing rules of maritime law, including insurance. Kent pronounces it a monument of the wisdom of the reign of Louis, "far more durable and more glorious than all the military trophies won by the valor of his armies." Its compilers are unknown. An English translation is contained in the appendix to Peters' Admiralty Reports, vol. 1. The ordinance has been at once illustrated and eclipsed by Valin's commentaries upon it.

Oleron, Laws of.

A code of maritime law, which takes its name from the island of Oleron.