英文法律词典 C-126

COUNTY COMMISSIONERS². Certain officers generally entrusted³ with the superintendence of the collection of the county taxes, and the disbursements made. for the county. They are administrative⁴ officers, invested by the local laws with various powers.

2. In Pennsylvania the office of county commissioner¹ originated in the act of 1717, which was modified by the act of 1721, and afterwards enlarged by the act of 1724. Before the office of county commissioner was established, assessors were elected who performed-similar duties. See Act of 1700, 4 Votes of Assembly, 205, 209.

COUPONS⁵. Those parts of a commercial instrument which are. to be cut, and which are evidence of something connected with the contract mentioned in-the instrument. They are generally attached to certificates of loan, where the interest is payable⁶ at particular periods, and, when the interest is paid, they are cut off and delivered to the payor.

COURIER. One who is sent on some public occasion as an express, to bear despatches, letters, and other papers.

2. Couriers sent. by an ambassador or other public minister, are protected from arrest or molestation⁷. Vattel, liv. 4, c. 9, 123.

COURSE. The direction in which a line runs in surveying.

2. When there are no monuments, (q. v.) the land must be bounded by the courses and distances mentioned in the patent or deed. 4 Wheat. 444; 3 Pet. 96; 3 Murph. 82; 2 Har. & John. 267; 5 Har. & John. 254. When the lines are actually marked, they must be adhered to, though they vary from the course mentioned in the deeds. 2 Overt⁸. 304; 7 Wheat. 7. 1 See 3 Call, 239 7 Mont. 333. Vide Boundary; Line.

COURSE OF TRADE. What is usually done in the management of trade or business.

2. Men are presumed to act for their own interest, and to pursue the way usually adopted by men generally; hence it is presumed in law, that men in their actions will pursue the usual course of trade. For this reason it is presumed that a bank note was signed before it was issued, though the signature be torn off. 2 Rob. Lo. R. 112. That one having possession of a bill of exchange upon him, has paid it; that one who pays an order or draft upon him, pays out of the funds of the drawer in his hands. But the case is different where the order is for the delivery of goods, they being presumed to have been sold by the drawee to the drawer. 9 Wend. 323; 1 Greenl. Ev. 38.

COURSE OF THE VOYAGE. By this term is understood the regular and customary track, if such there be, which a ship takes in going from one port to another, and the shortest way. Marsh⁹. on Ins. 185.

COURT, practice. A court is an incorporeal¹⁰ political being, which requires for its existence, the presence of the judges, or a competent number of them, and a clerk or prothonotary, at the time during which, and at the place where it is by law authorized¹¹ to be held; and the performance of some public act, indicative of a design to perform the functions of a court.

2. In another sense, the judges, clerk, or prothonotary, counsellors and ministerial officers, are said to constitute the court.

3. According to Lord, Coke, a court is a place where justice is judicially¹² administered. Co. Litt. 58, a.

4. The judges, when duly convened¹³, are also called the court. Vide 6 Vin. Ab. 484; Wheat . Dig. 127; Merl. Rep. h. t.; 3 Com. Dig. 300; 8 Id. 386; Dane's Ab. Index, h. t.; Bouv. Inst. Index, h. t.

5. It sometimes happens that the judges composing a court are equally divided on questions discussed before them. It has been decided¹⁴, that when such is the case on an appeal or writ¹⁵ of error, the judgment¹⁶ or decree is affirmed. 10 Wheat. 66; 11 Id. 59. If it occurs on a motion in arrest of judgment, a judgment is to be entered on the verdict. 2 Dall. Rep. 388. If on a motion for a new trial, the motion is rejected. 6 Wheat. 542. If on a motion to enter judgment on a verdict, the judgment is entered. 6 Binn. 100. In England, if the house of lords be equally divided on a writ of error, the judgment of the court below is affirmed. 1 Arch. Pr. 235. So in Cam. Scacc. 1 Arch. Pr. 240. But in error coram nobis, no judgment can be given if the judges are equally divided, except by consent. 1 Arch. Pr. 246. When the judges are equally divided on the admission of testimony¹⁸, it cannot be received. But see 3 Yeates, 171. Also, 2 Bin¹⁷. 173; 3 Bin. 113 4 Bin. 157; 1 Johns. Rep. 118 4 Wash. C. C. Rep. 332, 3. See Division of Opinion.

6. Courts are of various kinds. When considered as to their powers, they are of record and not of record; Bac. Ab. Courts, D; when compared. to each other, they are supreme¹⁹, superior, and inferior, Id.; when examined as to their original jurisdiction²⁰, they are civil or criminal; when viewed as to their territorial²¹ jurisdiction, they are central or local; when divided as to their object, they are courts of law, courts of equity²², courts martial²³, admiralty courts, and ecclesiastical courts. They are also courts of original jurisdiction, courts of error, and courts of appeal. Vide Open Court.

7. Courts of record cannot be deprived of their jurisdiction except by express negative words. 9 Serg. & R. 298; 3 Yeates, 479 2 Burr. 1042 1 Wm. Bl. Rep. 285. And such a court is the court of common pleas in Pennsylvania. 6 Serg. & R. 246.

8. Courts of equity are not, in general, courts of record. Their decrees touch the person, not lands. or goods. 3 Caines, 36. Yet, as to personalty, their decrees are equal to a judgment; 2. Madd. Chan. 355; 2 Salk., 507; 1 Ver. 214; 3 Caines, 35; and have preference according to priority. 3 P. Wms. 401 n.; Cas. Temp. Talb. 217; 4 Bro. P. C. 287; 4 Johns. Chan. Cas. 638. They are also conclusive²⁴ between the parties. 6 Wheat. 109. Assumpsit will lie on a decree of a foreign court of chancery for a sum certain; 1 Campb. Rep. 253, per Lord Kenyon; but not for a sum not ascertained²⁵. 3 Caines, 37, (n.) In Pennsylvania, an action at law will lie on a decree of a court of chancery, but the pleas nil²⁶ debet and nultiel record cannot be pleaded in such an action. 9 Serg. & R. 258.