COUNTERPART, contracts. Formerly1 each party to an indenture2 executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals. 2 Bl. Com. 296.
2. In granting lots subject to a ground rent reserved to the grantor, both parties execute the deeds, of which there are two copies; although both are original, one of them is sometimes called the counterpart. Vide 12 Vin. Ab. 104; Dane's Ab. Index, h. t.; 7 Com. Dig. 443; Merl. Repert. mots Double Ecrit.
COUNTERPLEA, pleading. When a tenant3 in any real action, tenant by the curtesy, or tenant in dower, in his answer and plea, vouches4 any one to warrant his title, or prays in aid 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 defendant5 alleges6 against it, why it should not be admitted, is called a counterplea. T. de la Ley; Doct. Placit. 300 Com. Dig. h. t.; Dane's Ab. Index, h. t.
COUNTERS, English law. - Formerly there were in London two prisons belonging to the sheriffs courts, which bore this name. They are now demolished7. 4 Inst. 248.
COUNTERSIGN8. To countersign is to sign on the opposite side of an instrument already signed by some other person or officer, in order to secure its character of a genuine paper; as a bank note is signed by the president and countersigned9 by the cashier.
COUNTRY. By country is meant the state of which one is a member.
2. Every man's country is in general the state in which he happens to have been born, though there are some exceptions. See Domicil; Inhabitant. But a man has the natural right to expatriate himself, i. e. to abandon his country, or his right of citizenship10 acquired by means of naturalization in any country in which he may have taken up his residence. See Allegiance; Citizen; Expatriation. in another sense, country is the same as pais. (q. v.)
COUNTY. A district into which a state is divided.
2. The United States are generally divided into counties; counties are divided into townships or towns.
3. In Pennsylvania the division of the province into three Counties, viz. Philadelphia, Bucks11 and Chester, was one of the earliest acts of William Penn, the original proprietary12. There is no printed record of this division, or of the original boundaries of these counties. Proud says it was made about the year 1682. Proud's Hist. vol. 1) p. 234 vol. 2, p. 258.
4. 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. 644 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. Marsh13. 147; 4 Halst. R. 357; 5 Watts14, R. 87 1 Cowen, R. 550; 6 Cowen, R. 642; Cowen, R. 640; 4 Yeates, R. 399 10 Mass. Rep. 290; 11 Mass. Rep. 339.
5. In the English law this word signifies the same as shire, county being derived15 from the French and shire from the Saxon. Both these words signify a circuit or portion of the realm, into which the whole land is divided, for the better government thereof, and the more easy administration of justice. There is no part of England that is not within some county, and the shire-reve, (sheriff) originally a yearly officer, was the governor of the county. Four of the counties of England, viz. Lancaster, Chester, Durham and Ely, were called counties Palatine, which were jurisdictions16 of a peculiar17 nature, and held by, especial charter from the king. See stat. 27 H. VIII. c.25.