COGNISANCE, pleading. Where the defendant1 in an action of replevin acknowledges the taking of the distress, and insists that such taking was legal, not because he himself had a right to distrain3 on his own account, but because he made the distress by the command of another, who had a right to distrain on the goods which are the subject of the suit. Lawes on Pl. 35, 36; 4 Bouv. Inst. n. 3571.
COGNISANCE, practice. Sometimes signifies jurisdiction4 and juudicial power, an sometimes the hearing of a matter judicially5. It is a term used in the acknowledgment of a fine. See Vaughan's Rep. 207.
COGNISANCE OF PLEAS, Eng. law. A privilege granted by the king to a city or town, to hold pleas within the same; and when any one is impleaded in the courts at Westminster, the owner of the franchise6 may demand cognisance of the plea. T. de la Ley.
COGNISEE. He to whom a fine of lands, c. is acknowledged. See Cognisor.
COGNISOR, English law. One who passes or acknowledges,a fine of lands or tenements7 to another, in distinction from the cogzisee, to whom the fine of the lands, c. is acknowledged.
COGNITIonIBUS ADMITTENDIS, English law, practice. A writ8 to a justice ,or other person, who has power to take a fine, and having taken the acknowledgment of a fine, delays to certify9 it in the court of common pleas, requiring him to do it. Crabbe's Tech. Dict.
COGNOMEN10. A Latin word, which signifies a family name. The praenomen among the Romans distinguished11 the person, the nomen, the gens, or all the kindred descended12 from a remote common stock through males, while the cognomen denoted the particular family. The agnomen was added on account of some particular event, as a further distinction. Thus, in the designation Publius Cornelius Scipio Africanus, Publius is the proenomen, Cornelius is the nomen, Scipio the cognomen, and Africanus the agnomen. Vicat. These several terms occur frequently in the Roman laws. See Cas. temp. Hardw. 286; 1 Tayl. 148. See Name; Surname.
COGNOVIT, contr. leading. A written confession13 of an action by a defendant, subscribed14 but not sealed, and authorizing15 the plaintiff to sign judgment16 and issue execution, usually for a sum named.
2. It is given after the action is brought to save expense.
3. It differs from a warrant of attorney, which is given before the commencement of any action, and is under seal. A cognovit actionem is an acknowledgment and confession of the plaintiff's cause of action against the defendant to be just and true. Vide 3 Ch. Pr. 664; 3 Bouv. Inst. n. 8299.
COHABITATION. Living together.
2. The law presumes that husband and wife cohabit, even after a voluntary separation has taken place between them; but where there has been a porce a mensa et thoro, or a sentence of separation, the presumption17 then arises that they have obeyed the sentence or decree, and do not live together.
3. A criminal cohabitation will not be presumed by the proof of a single act of criminal intercourse18 between a man and woman not married. 10 Mass. R. 153.
4. When a woman is proved to cohabit with a man and to assume his name with his consent, he will generally be responsible for her debts as if she had been his wife; 2 Esp. R. 637; 1 Campb. R. 245; this being presumptive evidence of marriage; B. N. P. 114; but this liability will continue only while they live together, unless she is actually his were. 4 Campb. R. 215.
5. In civil actions for criminal conversation with the plaintiff's wife, after the husband and wife have separated, the plaintiff will not in general be entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357; Peake's Cas. 7, 39; sed vide 6 East, 248; 4 Esp. 39.
