and merchandize imported in them; | have been the cause of the injury, shall, together with the naval officer, then he must bear the loss.-4. It where there is one, or alone, where may have been the fault of the ship there is none, estimate the amount of which ran down the other; in this duties payable thereupon, endorsing case, the injured party would be enthe said amounts upon the respective titled to an entire compensation from entries; shall receive all moneys paid the other. 2 Dobson's Rep. 83, 85; for duties, and shall take bonds for 3 Hagg. Adm. R. 320; the same securing the payment thereof; shall rule is applied to steamers; Ib. 414. grant all permits for the unlading-5. Another case has been put, and delivery of goods; shall, with the approbation of the principal officer of the treasury department, employ proper persons as weighers, guagers, measurers and inspectors, at the several ports within his district; and also, with the like approbation, provide, at the public expense, storehouses for the safe keeping of goods, and such scales, weights, and measures, as may be necessary.' Act of March 2, 1799, s. 21; 1 Story U. S. Laws, 590. Vide, for other duties of collectors, 1 Story U. S. Laws, 592, 612, 620, 632, 659, and vol. 3, 1650, 1697, 1759, 1761, 1791, 1811, 1848, 1854; 10 Wheat. 246.

COLLISION, maritime law, takes place when two ships or other vessels run foul of each other, or when one runs foul of the other. In such cases there is almost always a loss or damage incurred. There are four possibilities under which an accident of this sort may occur. 1. It may happen without blame being imputable to either party, as when the loss is occasioned by a storm, or any other vis major; in that case the loss must be borne by the party on whom it happens to light, the other not being responsible to him in any degree.-2. Both parties may be to blame, as when there has been a want of due diligence or of skill on both sides; in such cases, the loss must be apportioned between them, as having been occasioned by the fault of both of them. 6 Whart. R. 311.-3. The suffering party may

namely, when there has been some fault or neglect, but on which side the blame lies is inscrutable, or the evidence leaves it in a state of uncertainty. In this case, it does not appear to be settled whether the loss shall be apportioned or borne by the suffering party; opinions on this subject are divided. Vide generally, Story, Bailm. § 607 to 612; Marsh. Ins. B. 1, c. 12, s. 2; Wesk. Ins. art. Running Foul; Jacobsen's Sea Laws, B. 4, c. 1; 4 Taunt. 126; 2 Chit. Pr. 513, 535; Code de Comm. art. 407; Boulay-Paty, Cours de Dr. Commercial, tit. 12, s. 6; Pard. n. 652 to 654; Pothier, Avaries, n. 155; 1 Emerig. Assur. ch. 12, § 14.

COLLISTRIGIUM. The pillory. COLLOCATION, French law. The act by which the creditors of an estate are arranged in the order in which they are to be paid according to law. The order in which the creditors are placed, is also called collocation. Merl. Rép. h. t. Vide Mashalling Assets.

COLLOQUIUM, pleading, a discourse, a conversation or conference. In actions of slander it is generally true that an action does not lie for words, on account of their being merely disgraceful to a person in his office, profession or trade; unless it be averred, that at the time of publishing the words, there was a colloquium concerning the office, profession or trade of the plaintiff. In its technical sense, the term colloquium signifies an averment in a declaration that there was a conversation or

discourse on the part of the defendant, such plea as amounts to the general which connects the slander with the issue, or a total denial of the charges office, profession or trade of the plain-contained in the declaration, and tiff, and this colloquium ought to extend to the whole of the prefatory matter necessarily to render the words actionable. 3 Bulst. 83; vide Bac. Ab. Slander, S, n. 3; Dane's Ab. Index, h. t.; Com. Dig. Action upon the case for Defamation, G 7, 8, &c.; Stark. on Sland. 290, et seq. COLLUSION, fraud, is an agreement between two or more persons, unlawfully to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law; as, for example, where the husband and wife collude to obtain a divorce for a cause not authorised by law. 4 Eccl. R. 310. It is nearly synonymous with covin, (q. v.) Collusion and fraud of every kind vitiate all acts which are infected with them, and render them void. Vide Shelf. on Mar. & Div. 415, 450; 3 Hagg. Eccl. R. 130, 133.

COLONY, a union of citizens or subjects who have left their country to people another, and remain subject to the mother country. 3 W. C. C. R. 287. The country occupied by the colonists is also called a colony. A colony differs from a possession, or a dependency, (q. v.) For a history of the American colonies, the reader is referred to Story on the Constitution, book I.; 1 Kent, Com. 77 to 80; 1 Dane's Ab. Index, h. t. COLOUR, pleading, is of several kinds, namely, express colour, and implied colour.

COLOUR, EXPRESS, pleading, is defined to be a feigned matter, pleaded by the defendant, in an action of trespass, from which the plaintiff seems to have a good cause of action, whereas he has in truth only an appearance or colour of cause. Bac. Ab. Trespass, I 4. It is a general rule in pleading that no man shall be allowed to plead specially VOL. I.-24.

must in such cases plead the general issue in terms, by which the whole question is referred to the jury; yet, if the defendant in an action of trespass, be desirous to refer the validity of his title to the court, rather than to the jury, he may in his plea state his title specially, by expressly giving colour of title to the plaintiff, or supposing him to have an appearance of title, bad indeed in point of law, but of which the jury are not competent judges. 3 Bl. Com. 309. Suppose, for example, that the plaintiff was in wrongful possession of the close, without any further appearance of title than the possession itself, at the time of the trespass alleged, and that the defendants entered upon him in assertion of their title; but being unable to set forth this title in the pleading, in consequence of the objection that would arise for want of colour, are driven to plead the general issue of not guilty. By this plea an issue is produced whether the defendants are guilty or not of the trespass; but upon the trial of the issue, it will be found that the question turns entirely upon construction of law. The defendants say they are not guilty of the trespasses, because they are not guilty of breaking the close of the plaintiff, as alleged in the declaration; and that they are not guilty of breaking the close of the plaintiff, because they themselves had the property in that close; and their title is this, that the father of one of the defendants being seised of the close in fee, gave it in tail to his eldest son, remainder in tail to one of the defendants; the eldest son was disseised, but made continual claim till the death of the disseisor; after whose death, the descent being cast upon the heir, the disseisee entered upon the heir, and

See, in general, 2 Saund. 410; 10 Co. 88; Cro. Eliz. 76; 1 East, 215; Doct. Pl. 17; Doct. & Stud. lib. 2, c. 53; Bac. Abr. Pleas, I8; Tres

afterwards died, when the remainder | fictions, which long usage has applied took effect in the said defendant who to the particular case; for example, demised to the other defendant. in trespass to land, the colour univerNow, this title involves a legal ques- sally given is that of a defective chartion, namely, whether continual ter of the demise. claim will not preserve the right of entry in the disseisee, notwithstand ing a descent cast on the heir of the disseisor. (See as to this point, Continual Claim.) The issue how-pass, I 4; 1 Chit. Pl. 500; Steph. on ever is merely not guilty, and this is Pl. 220. triable by jury; and the effect, there- COLOUR, IMPLIED, pleading. fore, would be, that a jury would Colour is a term of the ancient rhehave to decide this question of law, toricians; and was adopted, at an subject to the direction upon it, early period, in the language of which they would receive from the pleading. See Year Books, 38 E. court. But, let it be supposed that 3, 28; 40 E. 3, 23. It signifies an the defendants, in a view to the more apparent or prima facie right. It is satisfactory decision of the question, a rule that every pleading by way of wish to bring it under the considera- confession and avoidance, must give tion of the court in bank, rather than colour; that is, it must admit an aphave it referred to a jury. If they parent right in the opposite party, have any means of setting forth their and rely, therefore, on some new title specially in their plea, the ob- matter by which that apparent right ject will be attained; for then the is defeated. For example, where the plaintiff, if disposed to question the the defendant pleads a release to an sufficiency of the title, may demur to action for breach of covenant, the the plea, and thus refer the question tendency of the plea is to admit an to the decision of the judgcs. But apparent right in the plaintiff, namesuch plea if pleaded simply, accord-ly, that the defendant did, as alleged ing to the state of fact, would be in- in the declaration, execute the deed, formal for want of colour; and hence and break the covenant therein conarises a difficulty. The pleaders of tained, and would therefore, prima former days, contrived to overcome facie be liable on that ground; but this difficulty in the following singu- shows new matter not before dislar manner. In such case as that closed, by which that apparent right supposed, the plea wanting implied is done away, namely, that the plaincolour, they gave in lieu of it an ex- tiff executed to him a release. Again, press one, by inserting a fictitious if the plaintiff reply that such release allegation of some colourable title in was obtained by duress. In his repthe plaintiff, which they, at the same lication he impliedly admits, that the time avoided by the preferable title defendant has, prima facie, a good of the defendant. See Steph. Pl. defence, namely, that such release 225; Brown's Entr. 343, for a form was executed as alleged in the plea; of the plea. Formerly various sug- and that the defendant therefore gestions of apparent right, might be would be discharged; but relies on adopted according to the fancy of new matter by which the plea is the pleader; and though the same avoided, namely, that the release latitude is, perhaps, still available, was obtained by duress. The plea yet, in practice, it is unusual to re- in this case, therefore, gives colour sort to any except certain known to the declaration, and the replica

tion, to the plea. But let it be sup- | no part of the viva voce pleading. It posed that the plaintiff has replied, is, accordingly not considered, as in that the release was executed by strictness, constituting a part of the him, but to another person, and not plea. 1 Chit. Pl. 411; Steph. Pl. 432. to the defendant; this would be an COMITATUS, a county. Most informal replication wanting colour; of the states are divided into counbecause, if the release were not to ties; some, as Louisiana, are divided the defendant, there would not exist into parishes. even an apparent defence, requiring the allegation of new matter to avoid it, and the plea might be sufficiently answered by a traverse, denying that the deed stated in the plea, is the deed of the plaintiff. See Steph. Pl. 220; 1 Chit. Pl. 498; Lawes Civ. Pl. 126; Arch. Pl. 211; Doct. Pl. 17; 4 Vin. Abr. 552; Bac. Abr. Pleas, &c. I 8; Com. Dig. Pleader, 3 M 40, 3 M 41. See an example of giving colour in pleadings in the Roman law, Inst. lib. 4, tit. 14, De replicationibus.

COMMAND. This word has several meanings. 1. It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace.-2. A request or suggestion; he who commands another to do an unlawful act, is accessary to it. 3 Inst. 51, 57; 2 Inst. 182.-3. Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have commanded him to do it; and he is re

COLOUR OF OFFICE, crimi-sponsible accordingly. Story, Ag. § nal law, is a wrong committed by an 454, note. officer under the pretended authority of his office. In some cases the act amounts to a misdemeanor, and the party may then be indicted; in other cases the remedy to redress the wrong is by an action.

COLT. An animal of the horse species, whether male or female, not more than four years old. Russ. & Ry. 416.

COMBINATION. A union of different things. A patent may be taken out for a new combination of existing machinery or machines. See 2 Mason, 112; and Composition of

matter.

COMBUSTIO DOMORUM, burning of houses; arson. Vide 4 Bl. Com. 372.

COMES, pleading. In a plea the defendant says, "And the said C D, by E F, his attorney comes, and defends, &c. The word comes, venit, expresses the appearance of the defendant in court. It is taken from the style of the entry of the proceedings on the record and formed

COMMENCEMENT OF A SUIT OR ACTION. The suit is considered as commenced from the issuing of the writ, 3 Bl. Com. 273, 285; 7 T. R. 4; 1 Wils. 147; 18 John. 14; Dunl. Pr. 120; 2 Phil. Ev. 95; 7 Verm. R. 426; 6 Monr. R. 560; Peck's R. 276; 1 Pick. R. 202; Ib. 227; 2 N. H. Rep. 36; 4 Cowen, R. 158; 8 Cowen, 203; 3 John. Cas. 133; 2 John. R. 342; 3 John. R. 42; 15 John. R. 42; 17 John. R. 65; 11 John. R. 473;, and if the teste or date of the writ be fictitious, the true time of its issuing may be averred and proved, whenever the purposes of justice require it; as in cases of a plea of tender or of the statute of limitations. Bac. Ab. Tender D; 1 Stra. 638; Peake's Ev. 259; 2 Saund. 1, n. 1. In Connecticut the service of the writ is the comencement of the action. 1 Root, R. 487; 4 Conn. 149; 6 Conn. R. 30; 9 Conn. R. 530; 7 Conn. R. 558; 21 Pick. R. 241. Vide Lis Pendens.