amend the civil code, and to add to it such laws still in force as were not included therein. They were authorised to add a system of commercial law, and a code of practice. The code they prepared having been adopt

and its officers; 2, of the adminis- | ingston and Moreau Lislet were setration of justice.-5. Code Penal, lected by the legislature to revise and in four books; 1, of punishment in criminal and correctional cases, and their effects; 2, of the persons punishable, excusable or responsible, for their crimes or misdemeanors; 3, of crimes, misdemeanors, (délits) and their punishment; 4, of contraven-ed, was promulgated in 1824, under tions of police, and their punishment. For the history of these codes, vide Merl. Rép. h. t.; Motifs, Rapports, Opinions et Discours sur les codes; Encyclop. Amer. h. t.

CODE HENRI. A digest of the laws of Hayti enacted by Henri, king of Hayti. It is based upon the Code Napoléon, but not servilely copied. It is said to be judiciously adapted to the situation of Hayti. A collection of laws made by order of Henry III. of France is also known by the name of Code Henri.

the title of the "Civil Code of the State of Louisiana." The code is based on the Code Napoléon, with proper and judicious modifications suitable for the state of Louisiana. It is composed of three books; 1, the first treats of persons; 2, the second of things, and of the different modifications of property; 3, and the third of the different modes of acquiring the property of things. It contains 3522 articles, numbered from the beginning for the convenience of reference. This code was prepared by CODE JUSTINIAN, civil law, lawyers, who, it is said, mixed with is a collection of the constitutions of positive legislation, definitions seldom the emperors from Adrian to Justi- accurate and points of doctrine always nian; the greater part of those from unnecessary. The legislature modiAdrian to Constantine are mere re-fied and changed many of the proviscripts; those from Constantine to Justinian are edicts or laws properly speaking. The code is divided in twelve books, which are subdivided in titles, under which are placed the constitutions, under proper heads. They are placed in chronological order, but often disjointed. At the head of each constitution is placed the name of the emperor who is the author, and that of the person to whom it is addressed. The date is at the end. Several of these constitutions which were formerly in the code, were lost, it is supposed by the neglect of copyists. Some of them have been restored by some modern authors, among whom may be mentioned Charondas, Cugas, and Contius, who translated them from Greek versions.

CODE OF LOUISIANA. In 1822, Peter Derbigny, Edward Liv

sions relating to the positive legislation, but adopted the definitions and abstract doctrine without material alterations; from this circumstance, as well as from the inherent difficulty of the subject, the positive provisions of the code are often at variance with the theoretical part, which was intended to elucidate them. 13 L. R. 237. This code went into operation on the 20th day of May, 1825. 11 L. R. 60. It is in both the French and English languages; and in construing it, it is a rule that when the expressions used in the French text of the code are more comprehensive than those used in English, or vice versa, the more enlarged sense will be taken, as thus full effect will be given to both clauses. 2 N. S. 582.

CODE NAPOLEON. The Code Civil of France, enacted into law during the reign of Napoleon, bore

The name of a collection of the Roman laws which had been promulgated by Romulus, Numa, and other kings who governed Rome till the time of Tar-cils to one will and the whole will be quin, the proud. It was so called in honour of Sextus Paperius, the compiler. Dig. 1, 2, 2.

means those who are related to others
on the side of women.

COGNIZANCE, pleading, is
where the defendant in an action of

a man falls into the hands of the
enemies of his country, and they
compel him by a just fear of death to
fight against it. 2. It is presumed
where a person is legally under sub-replevin, (not being entitled to the
jection to another, and is induced, in distress or goods which are the sub-
consequence of such subjection, to do ject of the replevin,) acknowledges
an act contrary to his will. A mar- the taking of the distress, and insists
ried woman, for example, is legally that such taking was legal, not be-
under the subjection of her husband, cause he himself had a right to dis-
and if in his company, she commit a train on his own account, but because
crime or offence, not malum in se, he made the distress by the com-
except the offence of keeping a bawdy-mand of another who had a right to
house, in which case she is consider- distrain on the goods which
ed by the policy of the law as a prin- the subject of the suit. Lawes on
cipal, and as not acting by force, she Pl. 35, 36.
is presumed to act under his coercion.
As will (q. v.) is necessary to the
commission of a crime, or the mak-
ing of a contract, a person coerced
into either has no will on the subject,
and is not responsible. Vide Roscoe's
Cr. Ev. 785, and the cases there
cited; and 2 Stark. Ev. 705, as to
what will amount to coercion in cri-
minal cases.

COGNATION, civil law, signifies generally the kindred which exists between two persons who, are united by ties of blood or family, or both. Cognation is of three kinds; natural, civil, or mixed. Natural cognation is that which is alone formed by ties of blood; such is the kindred of those who owe their origin to an illicit connexion, either in relation to their ascendants or collaterals. Civil cognation is that which proceeds alone from the ties of families, as the kindred between the adopted father and the adopted child. Mixed cognation is that which unites at the same time the ties of blood and family, as that which exists between brothers, the issue of the same lawful marriage. Inst. 3, 6; Dig. 38, 10.

COGNATES. A term used in the civil law to signify those persons who are connected together by the ties of kindred; but sometimes it

are

COGNIZANCE, practice, signifies the hearing of a thing judicially; also the acknowledgment of a fine.

COGNIZANCE OF PLEAS, Eng. law, is a privilege granted by the king to a city or town, to hold pleas within the same; and when any one is impleaded in the courts at Westminster, the owner of the franchise may demand cognizance of the plea. T. de la Ley.

COGNISOR, English law, is one who passes or acknowledges a fine of lands or tenements to another, in distinction from the cognisee to whom the fine of the lands, &c. is acknow. ledged.

COGNITIONIBUS

ADMIT

TENDIS, English law, practice, is
a writ to a justice or other person,
who has power to take a fine, and
having taken the acknowledgment of
a fine, delays to certify it in the court
of common pleas, requiring him to
do it. Crabbe's Tech. Dict.

COGNOVIT, contr. pleading, is
a written confession of an action by
a defendant, subscribed but not seal-
ed, and authorising the plaintiff to
sign judgment and issue execution,
usually for a sum named. It is
given after the action is brought to
save expense. It differs from a war-
rant of attorney which is given be-
fore the commencement of any ac-

tion, and is under seal. A cognovit actionem is an acknowledgment and confession of the plaintiff's cause of action against the defendant to be just and true. Vide 3 Ch. Pr. 664.

from latus, a side; that which is sideways and not direct.

COLLATERAL ASSURANCE, contracts, is that which is made over and above the deed itself.

COLLATERAL FACTS, evidence, are facts unconnected with the issue or matter in dispute. As no fair and reasonable inference can be drawn from such facts they are inadmissible in evidence, for at best they are useless, and may be mischievous, because they tend to distract the attention of the jury, and to mislead them. Stark. Ev. h. t. ;

COHABITATION, living together. The law presumes that husband and wife cohabit together, even after a voluntary separation has taken place between them; but where there has been a divorce a mensa et thoro, or a sentence of separation, the presumption then arises that they have obeyed the sentence or decree and do not live together. A criminal cohabitation will not be presumed by the proof of a single act of criminal intercourse between a man and woman not married. 10 Mass. R. 153. 2 Bl. Rep. 1169; 1 Stark. Ev. 40. When a woman is proved to cohabit with a man and to assume his name with his consent, he will generally be responsible for her debts as if she had been his wife, 2 Esp. R. 637; 1 Campb. R. 245; this being presumptive evidence of marriage, B. N. P. 114; but this liability will continue only while they live together, unless she were actually his wife, 4 Campb. R. 215. In civil actions for criminal conversation with the plaintiff's wife, when the husband and wife had separated, the plaintiff will not in general be entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357; Peake's Cas. 7, 39; sed vide 6 East, 248; 4 Esp. 39.

COIF, a head-dress. In England there are certain serjeants at law, who are called serjeants of the coif, from the lawn coif they wear on their heads under their thin caps when they are created.

COIN, commerce, contracts. A piece of gold, silver or other metal stamped by authority of the government, in order to determine its value, commonly called money. Co. Litt. 207; Rutherf. Inst. 123. For the different kinds of coins of the United States, see article Money. As to the

It is frequently difficult to ascertain a priori, whether a particular fact offered in evidence will or will not become material, and in such cases it is usual in practice for the court to give credit to assertion of counsel who tenders such evidence, that the facts will turn out to be material, but this is always within the sound discretion of the court. When a witness is cross-examined as to collateral facts, the party cross-examining will be bound by the answer, and he cannot, in general, contradict him by another witness. Rosc. Ev. 139.

COLLATERAL ISSUE, practice, pleading, is where a criminal convict pleads any matter, allowed by law, in bar of execution, as pregnancy, a pardon, and the like.

COLLATERAL KINSMEN, descent, distribution, are those who descend from one and the same common ancester, but not from one another; thus brothers and sisters are collateral to each other; the uncle and the nephew are collateral kinsmen, and cousins are the same. The term collateral is used in opposition to the phrase lineal kinsmen, (q. v.)

COLLATERAL SECURITY, | Harring. 50; 3 Rand. 549; 9 S. & contracts, is a separate obligation R. 275; 4 Dall. 168; 2 Yeates, which is attached to another con- 509; 1 Dana, 59. tract, and is to guaranty its performance. By this term is also meant the transfer of property or of other contracts to insure the performance of a principal engagement. The property or securities thus conveyed are also called collateral securities. 1 Pow. Mortg. 393; 2 Ib. 666, n. 871; 3 Ib. 944, 1001.