CONVOCATION, eccles. law. This word literally1 signifies called together. The assembly of the representatives of the clergy2. As to the powers of convocations, see Shelf. on M. & D. 23., See Court of Convocation.
CONVOY3, mar4. law. A naval5 force under the command of an officer appointed by government, for the protection of merchant ships and others, during the whole voyage, or such part of it as is known to require such protection. Marsh6. Ins. B. 1, c. 9, s. 5 Park. Ins. 388.
2. Warranties7 are sometimes inserted in policies of insurance that the ship shall sail with convoy. To comply with this warranty8, five things are essential; first, the ship must sail with the regular convoy appointed by the government; secondly9, she must sail from the place of rendezvous10 appointed by government; thirdly, the convoy must be for the Voyage; fourthly, the ship insured must have sailing instructions; fifthly, she must depart and continue with the convoy till the end of the voyage, unless separated by necessity. Marsh. Ins. B. 1, c. 9, s. 5.
CO-OBLIGOR, contracts. One who is bound together with one or more others to fulfil an obligation. As to what will constitute a joint11 obligation, see 5 Bin12. 199; Windham's Case, 5 Co. 7; 2 Ev. Poth. 63; Ham. Parties, 29, 20, 24; 1 Saund. 155; Saunders, Arguendo and note 2; 5 Co. 18 b, 19 a, Slingsly's Case. He may be jointly13, or severally bound.
2. When obligors are jointly and not severally bound to pay a joint debt, they must be sued jointly during their joint lives, and after the death of some of them, the survivors14 alone can be sued; each is bound to pay the whole debt, having recourse to the others for contribution. See 1 Saund. 291, n. 4; Hardress, 198; 2 Ev. Poth. 63, 64, 66. Yet an infant co-obligor need not be joined, for his infancy15 may be replied to a plea of non-joinder in abatement16. 3 Esp. 76; 5 Esp. 47; also, see 5 Bac. Abr. 163-4; 2 Vern. 99; 2 Moss17. Rep. 577; 1 Saund. 291 b, n. 2; 6 Serg. & R. 265, 266; 1 Caines' Cases in Err18. 122.
3. When co-obligors are severally bound, each may be sued separately; and in case of the death of any one of them, his executors or administrators19 may be sued.
4. On payment of the obligation by any one of them, when it was for a joint debt, the payer is entitled to contribution from the other co-obligors.
COOL BLOOD. A phrase sometimes used to signify tranquillity20, or calmness; that is, the condition of one who has the calm and undisturbed use of his reason. In cases of homicide, it frequently becomes necessary to. ascertain21 whether the act of the person killing22 was done in cool blood or not, in order to ascertain the degree of his guilt23. Bac. Ab. Murder, B; Kiel 56 Sid. 177 Lev. 180. Vide Intention; Murder; Manslaughter; Will.
CO-OPTATION. A concurring24 choice. Sometimes applied25 to the act of the members of a corporation, in choosing a person to supply a vacancy26. in their body.
COPARCENERS, estates. Persons on whom lands of inheritance descend27 from their ancestor. According to the English law, there must be no males; that is no the rule in this country. Vide Estates in Coparcenary, and 4 Kent, Com. 262; 2 Bouv. Inst. n. 187 L-2.
COPARTNER. One who is a partner with one or more other persons; a member of a partnership28.
COPARTNERSHIP. This word is frequently used in the sense of partnership. (q. v.)