the advancement of learning. 1 Bl. Com. 471. Eleemosynary corporations are such as are instituted upon a principle of charity; their object being the perpetual distribution of the bounty of the founder of them, to such persons as he has directed. Of this kind are hospitals for the relief of the impotent, indigent and sick, or deaf and dumb. 1 Kyd on Corp. 26; 4 Conn. R. 272; Angell & A. on Corp. 26. Corporations considered in another point of view, are either sole or aggregate. A sole corporation, as its name implies, consists of only one person, to whom and his successors belongs that legal perpetuity, the enjoyment of which is denied to all natural persons. 1 Black. Com. 469. Those corporations are not common in the United States. In those states, however, where the religious establishment of the church of England was adopted, when they were colonies, together with the common law on that subject, the minister of the parish was seised of the freehold, as persona ecclessiæ, in the same manner as in England; and the right of his successors to the freehold being thus established was not destroyed by the abolition of the regal government, nor can it be divested even by an act of the state legislature. 9 Cranch, 328. A sole corporation cannot take personal property in succession; its corporate capacity of taking property is confined altogether to real estate. 9 Cranch, 43. An aggregate corporation consists of several persons, who are united in one society, which is continued by a succession of members. Of this kind are the mayor and commonalty of a city; the heads and fellows of a college; the members of trading companies, and the like. 1 Kyd on Corp. 76; 2 Kent's Com. 221; Ang. & A. on Corp. 20. CORPOREAL PROPERTY,— civil law, is that which consists of such subjects as are palpable to sense. In the common law the term to signify the same thing is property in possession. It differs from incorporeal · property, (q. v.) which consists of choses in action and easements, as a right of way, and the like. CORPSE is the dead body, (q. v.) of a human being. Russ. & Ry. 366, n.; 2 T. R. 733; 1 Leach, 497; 16 Eng. Com. L. Rep. 413; 8 Pick. 370; Dig. 47, 12, 3, 7; Ib. 11, 7, 38; Code, 3, 44, 1. CORPUS, a Latin word which signifies the body; as, corpus delicti, the body of the offence, the essence of the crime; corpus juris canonis, the body of the canon law; corpus juris civilis, the body of the civil law. The CORPUS JURIS CIVILIS. body of the civil law. This is the name given to a collection of the civil law consisting of Justinian's Institutes, the Pandects or Digest, the Code, and the Novels. CORPUS CUM CAUSA, practice. The writ of habeas corpus cum causa, (q. v.) is a writ com manding the person to whom it is directed to have the body together with the cause for which he is committed before the court or judge is suing the same. CORRECTION, punishment.Chastisement by one having authority, of a person who has committed some offence, for the purpose of bringing him to legal subjection. It is chiefly exercised in a parental manner by parents or those who are placed in loco parentis. A parent may therefore justify the correction of the child either corporally or by confinement; and a school master, under whose care and instruction & parent has placed his child, may equally justify similar correction; but the correction in both cases must be moderate and in a proper manner. Com. Dig. Pleader, 3 M 19; Hawk. c. 60, s. 23, and c. 62, s. 2.-c. 29, s. 5. The master of an apprentice for disobedience may, himself, correct him moderately; 1 Barn. & Cres. 469; Cro. Car. 179; 2 Show. 289; but he cannot delegate the authority to another. 9 Čo. 96. A master has no right to correct his servants who are not apprentices. Soldiers are liable to moderate correction from their superiors; for the sake of maintaining their discipline on board of the navy, the captain of a vessel, either belonging to the United States, or to private individuals, for disobedience or disorderly conduct, may inflict moderate correction on a sailor. Abbott on Shipp. 160; 1 Ch. Pr. 73; 14 John. R. 119; 15 Mass. 365; 1 Bay, 3; Bee, 161; 1 Pet. Adm. Dec. 168; Molloy, 209; 1 Ware's R. 83. Any excess of correction by the parent, master, officer or captain, may render the party guilty of an assault and battery, and liable to all its consequences. In some prisons the keepers have the right to correct the prisoners. CORRUPTION, is an act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but is more comprehensive; because an act may be corruptly done though the advantage to be derived from it be not offered by another. Merl. Rép. h. t. CORRUPTION OF BLOOD,English crim. law, is the incapacity to inherit or pass an inheritance, in consequence of an attainder to which the party has been subject. When this consequence flows from an attainder, the party is stripped of all honours and dignities he possessed and becomes ignoble. The constitution of the United States, Amendm. art. 5, provides, that "no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;" and by art. 3, s. 3, n. 2, it is declared that "no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted." The constitution of Pennsylvania, art. 9, s. 19, directs that "no attainder shall work corruption of blood." 3 Cruise, 240, 378 to 381, 473; 1 Cruise, 52; 1 Chit. Cr. Law, 740; 4 Bl. Com. 388. CORSNED, ancient Eng. law. This was a piece of accursed bread which a person accused of a crime swallowed to test his innocence. It was supposed that if he was guilty, it would choak him. COSENAGE, torts. Deceit, fraud: that kind of circumvention and wrong, which has no other specific name. Vide Ayl. Pand. 103; Dane's Ab. Index, h. t. COSTS, practice, the expenses of a suit or action which may be recovered by law from the losing party. At common law neither the plaintiff nor the defendant could recover costs eo nomine, but in all actions in which damages were recoverable, the plaintiff in effect recovered his costs when he obtained a verdict, for the jury always computed them in the damages. When the defendant obtained a verdict, or the plaintiff became nonsuit, the former was wholly without remedy for any expenses he had incurred; it is true the plaintiff was amerced pro falso clamore suo, but the amercement was given to the king. Hull. on Costs, 2; 2 Arch. Pr. 281. This defect was afterwards corrected by the statute of Gloucester, 6 Ed. 1, c. 1, by which it is enacted that "the demandant in assise of novel disseisin, in writs of mort d'ancestor, cosinage, aiel and besail, shall have damages. And the demandant shall have the costs of the writ purchased, together with damages, and this act shall hold place in all cases where the party recovers damages, and every person shall render damages where land is recovered against him upon his own intrusion or his own act." This statute has been adopted substantially in all the United States. Though it speaks of the costs of the writ only, it has by construction been extended to the costs of the suit generally. The costs which are recovered under it are such as shall be allowed by the master or prothonotary upon taxation, and not those expenses which the plaintiff may have incurred for himself or the extraordinary fees he may have paid counsel, or for the loss of his time. 2 Sell. Pr. 429. Costs are single, when the party receives the same amount he has expended, to be ascertained by taxation; double, vide Double costs; and treble, vide Treble costs. Vide generally, Hullock on Costs; Sayer's Law of Costs; Tidd's Pr. c. 40; 2 Sell. Pr. c. 19; Archb. Pr. Index, h. t.; Bac. Ab. h. t.; Com. Dig. h. t. ; 6 Vin. Ab. 321; Grah. Pr. c. 23; Chit. Pr. h. t.; 1 Salk. 207; 1 Supp. to Ves. Jr. 109; Amer. Dig. h. t.; Dane's Ab. h. t.; Harr. Dig. h. t. As to the liability of executors and administrators for costs, 1 Chit. R. 628, note; 18 E. C. L. R. 185; 2 Bay's R. 166, 399; 1 Wash. R. 138; 2 Hen. & Munf. 361, 369; 4 John. R. 190; 8 John. R. 389; 2 John. Ca. 209. As to costs in actions qui tam, see Esp. on Pen. Act. 154 to 165. COTTAGE, estates, is nearly synonymous with messuage or house; it imports a smaller and inferior building. 1 Thom. Co. Litt. 216. By the grant of a cottage, it is said, passes a small dwelling-house, which has no land belonging to it. Shep. To. 94. COUCHANT. Lying down. Animals are said to have been levant and couchant, when they have been upon another person's land, damage feasant, one night at least. 3 Bl. Com. 9. COUNCIL, legislation. This word signifies an assembly. It was used among the Romans to express the meeting of only a part of the people, and that the most respectable, in opposition to the assemblies of the whole people. It is now usually ap plied to the legislative bodies of cities and boroughs. In some states, as in Massachusetts, a body of men called the council, are elected, whose duties are to advise the governor in the executive part of the government. Const. of Mass. part 2, c. 2, s. 3, art. 1 and 2. See 14 Mass. 470; 3 Pick. 517; 4 Pick. 25; 19 John. R. 58. In England, the king's council are the king's judges of his courts of justice. 3 Inst. 125; 1 Bl. Com. 229. COUNSEL. Advice given to another as to what he ought to do or not to do. To counsel another to do an unlawful act, is to become accessary to it, if it be a felony, or principal, if it be treason, or a misdemeanor. By the term counsel is also understood counsellor at law. Vide To open; Opening. COUNSEL, practice, crim. law. In the oath of the grand jurors there is a provision requiring them to keep secret "the commonwealth's counsel, their fellows and their own." In this sense this word is synonymous with knowledge; therefore, all the knowledge acquired by grand jurors in consequence of their office, either from the officers of the commonwealth, from their fellow jurors, or which they have obtained in any other manner, in relation to cases which come officially before them, COUNSELLOR, government. A counsellor is a member of a council. In some of the states the executive power is vested in a governor, or a governor and lieutenant governor, and council. The members of such council are called counsellors. the names of the several states. See must be kept secret. See Grand but practice has introduced the folJury. lowing distinction: when the plaintiff's complaint embraces only a single cause of action, and he makes only one statement of it, that statement is called, indifferently, a declaration or count; though the former is the more usual term. But when the suit embraces two or more causes of action, (each of which of course reCOUNSELLOR AT LAW, offi- quires a different statement ;) or when ces, is an officer in the supreme court the plaintiff makes two or more diffof the United States, and in some erent statements of one and the same other courts, who is employed by a cause of action, each several stateparty in a cause, to conduct the same ment is called a count, and all of on its trial on his behalf. He differs them, collectively, constitute the defrom an attorney at law, (q. v.) In claration. In all cases, however, in the supreme court of the United States which there are two or more counts, the two degrees of attorney and coun- whether there is actually but one sel are kept separate, and no person cause of action or several, each count is permitted to practise both. It is purports, upon the face of it, to disthe duty of the counsel to draft or close a distinct right of action; unreview and correct the special plead-connected with that stated in any of ings, to manage the cause on trial, the other counts. One object proand, during the whole course of the suit, to apply established principles of law to the exigencies of the case. I Kent, Com. 307. In all the other courts of the United States, as well as in the courts of Pennsylvania, the same person performs the duty of counsellor and attorney at law. In giving their advice to their clients, counsel and other professional men have duties to perform to their clients, to the public, and to themselves. In such cases they have thrown upon them something which they owe to the fair administration of justice, as well as to the private interests of their employers. The interests propounded for them ought in their own apprehension to be just, or at least fairly disputable; and when such interests are propounded they ought not to be pursued per fas et nefas. 1 Hagg. R. 222. COUNT, pleading. This word derived from the French, conte, a narrative, is in our old law books used synonymously with declaration; posed, in inserting two or more counts Gould on COUNTER, Engl. law, the name of an ancient prison in the city of London, which has now been demolished. TO COUNTERFEIT, criminal law. To make something false, in the semblance of that which is true; it always implies a fraudulent intent. Vide Vin. Ab. h. t.; Forgery. COUNTERMAND. This word signifies a change of orders which had been given. It may be express or implied. Express when contrary orders are given and a revocation of the former order is made. Implied, when a new order is given which is inconsistent with the former order; as if a man should order a merchant to ship him in a particular vessel certain goods which belonged to him, and then, before the goods were shipped, he directed him to ship them in another vessel; this would be a countermand of the first order. While the first command is unrecalled, the person who gave it would be liable to all the consequences in case he should be obeyed: but if, for example, a man should command another to commit a crime, and, before its perpetration, he should repent and countermand it, he would not be liable for the consequences if the crime should afterwards be committed. Vide Command; and Com. Dig. Attorney, B 9, C 8; Dane's Ab. Index, h. t. t.; 7 Com. Dig. 443; Merl. Répert. mots Double Ecrit. COUNTERPLEA, pleading.When a tenant in any real action, tenant by the curtesy, or tenant in dower, in his answer and plea, vouches any one to warrant his title, or prays in aid of another who has a larger estate, as of the remainder-man or reversioner; or when a stranger to the action comes and prays to be received to save his estate; then that which the defendant alleges against it, why it should not be admitted, is called a counterplea. T. de la Ley; Doct. Placit. 200; Com. Dig. h. t. ; Dane's Ab. Index, h. t. COUNTY. A district into which a state is divided. The United States are generally divided into counties; counties are divided into townships or towns. In some states, as Illinois, 1 Breese, R. 115, a county is considered as a corporation; in others it is only a quasi corporation; 16 Mass. R. 87; 2 Mass. R. 544; 7 Mass. R. 461; 1 Greenl. R. 125; 3 Greenl. R. 131; 9 Greenl. R. 88; 8 John. R. 385; 3 Munf. R. 102. Frequent difficulties arise on the division of a county. On this subject, see 16 Mass. R. 86; 6 J. J. Marsh. 147; 4 Halst. R. 357; 5 Watts, R. 87; 1 Cowen, R. 550; 6 Cowen, R. 642; 9 Cowen, R. 640; 4 Yeates, R. 399; 10 Mass. Rep. 290; 11 Mass. Rep. 339. COUNTY COMMISSIONERS, COUNTERPART, contracts. Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor are certain officers generally entrustwas called the original, and the rested with the superintendence of the colthe counterparts. It is now usual lection of the county taxes, and the for all the parties to execute every disbursements made for the county. part, and this makes them all ori- They are administrative officers inginals. 2 Bl. Com. 296. In grant- vested by the local laws with various ing lots subject to a ground-rent powers. reserved to the grantor, both parties execute the deeds, of which there are two copies, although both are COUPONS are those parts of a original, one of them is sometimes commercial instrument which are to called the counterpart. Vide 12 be cut, and which are evidence of Vin. Ab. 104; Dane's Ab. Index, h. something connected with the con COUNTRY. The same as Païs, (q. v.) |