A principal clerk nominates his deputes, or district clerks, for whom he is responsible, and who also ought to be experienced lawyers. They must take the oaths to Government, as also for the faithful performance of the duties of their office. They must not practise in the court of which they are clerk.-Act of Sederunt, 6th March 1783. Failing the attendance of the ordinary clerk, the justices may appoint a clerk pro re nata for any particular court. A principal clerk can only be removed or suspended by the Court of Session. Depute-clerks may have their appointments recalled by the principal. A clerk of the justices is not properly an assessor of the bench, so as to dictate their judgment. But in matters of law, his opinion is generally and appropriately asked and adopted, especially in those causes which are conducted in writing, and according to the ordinary forms of legal process. By 7 Will. Iv. and 1 Vict. c. 28, clerks of the peace are required to take charge of certain documents under the standing orders of Parliament.

1. The Court of Session fined a depute-clerk, and suspended for a time from office the principal clerk of a sheriff and burgh court, for practising as an agent therein.-11th Feb. 1809, Sellar and Thomson, 15 F. C. 181.

2. In a complaint against a depute-clerk of the peace, the Court held it illegal for a clerk to bring an action before his own court, and found him liable in the expense of the complaint.-10th July 1824, Campbell, 3 S. D. 245.

3. Where a depute justice of peace clerk, who also was clerk to the roads, prosecuted in the latter character in his own court, he was suspended from office for twelve months under a complaint, and found liable in expenses.-6th March 1827, M'Farlane; reversed on appeal, except as to the costs (£269), 8th April 1830, 4 W. S. 123. Per Lord Justice-Clerk: After maturely considering this case, I am still of opinion that it is necessary to mark authoritatively the opinion of the Court. The respondent here acted, I have no doubt, from error in judgment, and without any wrong intention; but we must look to the consequences of his having unnecessarily brought the case before the particular district of justices where he was clerk, the more especially as the Road Act under which he acted provides several different prosecutors, which made it quite unnecessary for him to prosecute at all.' The Lord Chancellor observed: 'The Court of Session will understand, that we do not reverse the judgment in point of law, but substitute one punishment for the too severe one inflicted.'

4. A conviction was set aside, where the same person had acted as agent and clerk to the justices; and held that even the written consent of the opposite agent did not obviate the objection. Per Lord Justice-Clerk: The Act of Sederunt 1783 is merely declaratory of the common law. It established no new law, but only declared what must be the law of every civil judicature; and that justices of the peace are to have as their clerk, on whose advice they must frequently lean, the agent of one of the parties who conducts his case, and at the same time draws the interlocutors and advises the justices, is so monstrous, and so contrary to the fundamental principles of justice, that it cannot be tolerated for a moment. It is said that the opposite agent consented, but this just makes the matter worse. The two agents agree to accommodate each other, and to sacrifice their clients; and this shows the manifest iniquity which might result from the practice. We must hold these proceedings null and void, and I hope this will be a warning to all such judicatories in future.'-27th June 1827, Smith and Tasker, 5 S. D. 848.

5. A sheriff-clerk was found guilty of malversation in office, by issuing a blank warrant for summons and arrestment under the Small Debt Act.—3d March 1836, Lord Advocate, 14 D. 622.

In England, the appointment of clerk of the peace is in the Custos Rotulorum of each county, and in the body corporate of cities.-37 Henry 861. The office cannot be sold. The appointment is for so long as he shall well demean himself therein;' which is equivalent to the tenure of 'ad vitam aut culpam.' An appointment during pleasure is void. In England, under the Act 1 Will. II. c. 21, the justices in Sessions may suspend or discharge the clerk; and the Custos Rotulorum must in that case appoint another. Clerks of the peace and their deputes were prohibited from acting as attorneys by 22 Geo. II. c. 46, s. 14, repealed by 6 and 7 Vict. c. 73. Special statutes in both countries impose certain duties on the clerk, and allow certain regulated fees; and the statute must be strictly observed in all

such matters. There are several statutes regulating the fees of clerks of justice of peace in England-26 Geo. II. c. 14; 55 Geo. III. c. 50; 7 Geo. IV. c. 64; 8 and 9 Vict. c. 114; and the Act 14 and 15 Vict. c. 55, s. 9, authorizes payment out of the county rates to clerks by salaries instead of fees. See 40 and 41 Vict. c. 43.

CLERKS, or WRITERS TO THE SIGNET (C.S. or W.S.), have the privilege of preparing and subscribing all writs which pass the King's Signet, but the number of such writs is now greatly limited, or rather almost in desuetude. They were originally clerks in the office of the Secretary of State. They are members of the College of Justice, and eligible, after ten years' practice, to be senators thereof, that is, judges in the Supreme Court. They act as agents in the Court of Session, along with the solicitors before the Supreme Court (S.S.C.), and since the passing of the Law Agents Act of 1873, along with all duly enrolled law agents in Scotland. The apprenticeship to qualify for admission is five years; fee £200, with other payments, amounting in all to £331, 4s.; and at entry £79, 11s. 6d. The age at indenture must be sixteen. They were formerly entitled to practise in Sheriff Courts only in process of sequestrations under the Act 2 and 3 Vict. c. 41, s. 132; and in that of cessio under the Act 6 and 7 Will. IV. c. 56, s. 21; but now in all actions.

COAL. A proprietor in Scotland feuing land, reserving the coal, is not entitled to sink a pit in one feu to work the coal in another.-15th May 1822, Davidson, F. C. But different if otherwise inferred from the title-deeds.-27th Jan. 1829, Dixons. The proprietors of mines are not bound to have a barrier at their march to protect the adjacent coal-works from inundation.—26th Nov. 1824, Harvey. A reserved right of coal does not give a right to take material to form roads to the works6th Feb. 1827, Harrower's Trustees; or to throw water on the lands from other mines. 3d March 1832, Turner; 3d Feb. 1871, Durham, 9 M. 474. A landlord reserving right to work coals, on paying damages, is not liable for trespass by the colliers.-16th June 1832, Young, 10 S. D. B. 666.

COAL MINES AND COLLIERS. By the Act 1592, c. 148, the burning of coal-heughs is made punishable with the pains of treason. But the statute of 7 Anne, c. 21, reduces it to an ordinary capital offence.-1 Hume 126, 1 Alison 441. Working and carrying away coal without leave is theft.-1 Hume 80. Colliers were at one time astricted to, and on sale passed with, the collieries.-1606, c. 11; 1661, c. 38. In a competition for possession of colliers, the Sheriff of Lanarkshire found that the men did work as coaliers at the pursuer's coal of Stonelaw, which is his property, before they wrought at the defender's coal of Corsehill, and therefore that they belonged to the pursuer in property, and ordained the defender to deliver up the foresaid coaliers.' The Court of Session reversed, and found that the coaliers are not bound to the tacksman, but to the coal in which they wrought during the currency of the tack.'-1764, Spence, Mor. 2360. 'A boy who enters into a coal-work where his father is a bondsman becomes a slave, not by consent, but from the nature of the slavery, which extends from father to son, and from which rule practice has introduced an exception with respect to children that abstain from working.'-1764, Sir James Clarke, Mor. 2361. Colliers were held, because of their servitude, not bound to work on the highways.-1755, Earl of Eglinton, Fac. Coll. But they were found entitled to vote in a burgh election.1747, Burgesses of Rutherglen, Mor. 2352. The right of proprietorship was excepted from the Jurisdiction Act, 20 Geo. II. c. 43. Colliers were placed on the same footing as other servants by 15 Geo. III. c. 28 (1775). By the Act 39 Geo. III. c. 56 (1799), action is refused for recovery of money lent by masters to colliers, directly or indirectly, unless for behoof of their families during sickness, and then to be repaid by deduction of one-twelfth of the debt weekly from the wages; and the master may have an action for any balance on expiry of the engagement. See 5 Geo. IV. c. 97. No coal-master or tenant of coal-works can act as a justice under these Acts.-See Master and Servant.

The employment of women and girls in mines is regulated by the Act 5 and 6 Vict. c. 99 (1842); amended by 13 and 14 Vict. c. 100 (1850), 18 and 19 Vict. c. 108 (1855), 23 and 24 Vict. c. 151 (1860), 25 and 26 Vict. c. 79 (1862), 35 and 36 Vict. c. 76 (Coal Mines Regulation Act, 1872).

Note.-As these acts are numerous, and require to be read together, reference

is here made to them, the more especially that their operation is confined to mining districts.

It has been held that a conviction by a sheriff under the Act 23 and 24 Vict. could only competently be reviewed in the Court of Session.-20th Jan. 1862, Macdonald, 34 Jur. 156. But the court of appeal is now regulated by the Suminary Procedure Act, 1864. See, as to competency of appeal, 4th March 1869, Dykes, 7 M. 603.

It was held by the sheriff at Airdrie, in an action under the Summary Procedure Act, that a CONTRACTOR' to drive mines was not liable as AN OWNER' of a mine in the penalty for neglect of the rules for regulating mines.-8th Dec. 1864, Fiscal v. Shedden, Scottish Law Magazine (Glasgow), vol. iv. p. 4.

In England the coal trade is regulated by the statutes 17 Geo. II. c. 35; 31 Geo. III. c. 36; 52 Geo. III. c. 9; 5 and 6 Will. iv. c. 63; 6 and 7 Will. IV. c. 109; and in London by the Act 1 and 2 Will. Iv. c. 76, extended by 1 and 2 Vict. c. 101, and 6 and 7 Vict. c. 2.

COAST GUARD MANAGEMENT-19 and 20 Vict. c. 83 (1856).

COCKET-A term used in the Customs to signify the seal, or the certificate of customs being paid, from the words in the old form of certificate quod quietus est. COCK-FIGHT. In England cock-fighting is illegal, and indictable at common law (Burns' Justice: Gaming). In Scotland, unless as involved in a breach of the public peace, there is no authority for holding this an offence at common law. Keeping a place for cock-fighting is prohibited, and a penalty of from 10s. to £5 for each day is imposed by 5 and 6 Will. Iv. c. 59, s. 3 (English Cruelty to Animals Act, 1835); and there is a similar clause in the Scottish Act, 13 and 14 Vict. c. 92. CODICIL-An addition to a testament, providing additional legacies or other additions to, or alterations of, the previous deed.

COGNATE-A relation by the mother's side; that by the father's is termed agnate. COGNITION The procedure at one time used to settle disputed marches by means of a jury before the sheriff, but now in desuetude.

COGNITION AND SALE is an action at the instance of a pupil (but not a minor pubes—8th March 1817, Wallace, Fac. Coll.) and his guardians to sell the pupil's estate. The Court will not grant the power of sale on mere grounds of expediency, but only of necessity.-22d Dec. 1810, Finlayson, Fac. Coll.

COGNITION AND SEISINE, whereby an heir in burgage property was at once entered heir and infeft in his ancestor's property, according to the peculiar form of the particular burgh, generally by hasp and staple, or bolting the door. In some burghs the form was by service by ward of court, which required no brief from Chancery, but merely production of the ancestor's infeftment. This mode of entry is excepted from the Service of Heirs Act, 10 and 11 Vict. c. 47, s. 26, but by 37 and 38 Vict. c. 94 (1874), the distinction between burgage and feudal property is abolished.

COGNITIONIS CAUSA. Where the heir or next of kin on a charge to enter heir renounces the succession, the decree is one not personal against the heir, but cognitionis causa merely, whereon the creditor may proceed to obtain adjudication of the heritage in hereditas jacens, or obtain himself appointed executor-creditor so as to attach the moveable estate of the deceased.-1695, c. 41. The decree of constitution to attach moveables must still be preceded by a charge to enter, but charges to attach heritages are abolished.-31 and 32 Vict. c. 101 (1868).

COINING. Anciently, coining of gold and silver money was considered as treason, and punished capitally. The law as to coining was consolidated by 2 Will. iv. c. 34 (1832), amended by 22 and 23 Vict. c. 30 (1859), and superseded by the last Consolidation Act, 24 and 25 Vict. c. 99 (1861). A party may, nevertheless, be indicted at common law as well as on the statute, but which is seldom done. 1. Counterfeiting gold or silver coin is made punishable with penal servitude for life or not less than three years, or imprisonment for not more than two years.-Sec. 2. 2. Colouring or altering counterfeit or genuine coin, with intent to make it pass as genuine or of a higher value, is punishable as above.-Sec. 3.

3. To lighten or impair the current coin, with intent to make it still pass as such, is punished by penal servitude for a term not exceeding fourteen years nor less than three years (penal servitude made five years by 27 and 28 Vict. c. 47, s. 2), or with imprisonment for not more than two years.—Sec. 4.

4. Buying or selling counterfeit coin for less than the value of its denomination, or importing such coin, knowing it to be counterfeit, is punished by penal servitude for life, or not less than three years, or imprisonment for not more than two years.-Secs. 6 and 7. Exporting coin punishable by sec. 8.

5. Uttering base coin is punished with imprisonment for not more than one year; and if the party be in possession of other counterfeit coin at the time, or again utters within ten days, the imprisonment is increased to two years.-Secs. 9 and 10. The accused must have the other pieces in his possession at the very time, and it will not satisfy the statute that he had them some other time of the same day.22d Feb. 1841, Peter Kerr, 2 Swinton 533. Same held in England.-R. v. Else, R. and R. 142. Giving bad coin in charity has in England been held not uttering, as there must be intention to defraud.-Reg. v. Page, 8 C. and P. 122. A second conviction under the statute may be followed by penal servitude for life, or not less than three years, or imprisonment for not more than two years.-Sec. 12.

6. Possession of three or more counterfeit gold or silver coins, knowing them to be counterfeit, and with intent to utter them, for the first offence the person may be kept in penal servitude for three years, or imprisoned for a term not more than two years. Sec. 11. Where a party was indicted for selling a base half-crown, and for having three pieces in his possession, it was held that, if convicted of selling the first piece, it could not be reckoned one of the three in his possession under the second charge.-10th Dec. 1832, James Graham, Bell's Supplement to Hume 135. Held in England, that in a charge for passing a five-shilling piece it is competent to prove the subsequent passing of a shilling.-28th April 1855, R. v. Foster, W. R.

7. Making, mending, buying, selling, or possessing, without lawful authority, instruments used in fabricating current gold and silver coin, with the guilty knowledge thereof, or conveying instruments out of the mint, is punishable with penal servitude for life, or not less than three years, or imprisonment for not exceeding two years.-Secs. 24 and 25.

8. Counterfeiting, and the other offences connected with the fabricating of copper coin, is punished with penal servitude for not more than seven years, or imprisonment for not more than two years.-Sec. 14. And uttering copper coin, or possessing three or more pieces, with guilty knowledge, is made punishable with imprisonment of not more than one year.-Sec. 15. It was held that a person present with another, having seven pieces of false coin, but having none herself, could not be held as possessing coin. Per Lord Meadowbank: Had this been an offence at common law, a conviction of art and part might have been warranted; but seeing that the charge is a statutory one, and that the statute seems directed against personal possession only, the safest course for the jury, unless they hold that to be proved, is to acquit,' which the jury accordingly did.—26th July 1841, Murray and Carmichael, 2 Swinton 559. But see sec. 1, and 11th December 1848, Sutherland, Shaw 135. Where there is the royal person and arms, and intended to represent and pass as the current coin, it is not necessary that in all particulars they be identical; see as to medals, sec. 13. The counterfeit coin may be proved without scientific witnesses, such as jewellers. Per Lord Justice-Clerk: 'If the jury by personally inspecting the coin, coupled with the evidence of the witnesses examined, were satisfied the coin was bad, that was sufficient evidence to convict.' -3d Oct. 1844, Black, 2 Broun 291. In England, the twelve judges were of opinion that it was a question of fact whether the counterfeit monies were of the likeness and similitude of the lawful current coin called a shilling; and the jury having so found it, the want of an impression was immaterial, because from the impression being generally worn out or defaced, it was notorious that the currency of the genuine coin of that denomination was not thereby affected. The counterfeit was therefore perfect for circulation, and possibly might deceive the more readily, from having no appearance of an impression; and in the deception the offence consists.-Welch, 1785, 1 East, P. C. 164.

9. By the Act 24 and 25 Vict., it is enacted that no tender of payment in money made in any gold, silver, or copper coin defaced by stamping thereon any names or words, whether such coin shall or shall not be thereby diminished or lightened (an offence punishable by imprisonment not exceeding one year), shall

be a legal tender; and whoever shall tender, utter, or put off any coin so defaced, shall, on conviction thereof before two justices, be liable to forfeit and pay any sum not exceeding 40s. But the consent of the Lord Advocate is necessary in Scotland for such prosecution.-Secs. 16 and 17.

10. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall have in his custody or possession any greater number of pieces than five of false or counterfeit coin resembling that of any foreign country, he shall, on conviction before any justice of the peace, forfeit and lose the same, which shall be cut in pieces and destroyed by order of such justice, and shall for every such offence forfeit and pay not exceeding 40s. or less than 10s. for every such piece, one half to the informer, and the other to the poor of the parish; and failing payment may be imprisoned for three months, or until such penalty is paid.-Sec. 23. 11. Justices may, on oath of a witness, grant special search warrants for false coin, tools, etc.-Sec. 27.

12. Any person may apprehend a person committing an offence under this Act, and carry him before a justice.-Sec. 31.

(The consolidation statute contains several other minor provisions with reference to coining.)

The Act 6 and 7 Will. iv. c. 69 imposes the punishment of transportation (now penal servitude) for a term not less than seven years, or imprisonment for not less than two nor more than four years, for offences with reference to the marking of gold and silver plate in Scotland.

By 16 and 17 Vict. c. 102 (1853), defacing any of the Queen's current coin is made punishable by fine and imprisonment; and any person who shall tender, utter, or put away any defaced coin, is liable, on summary conviction before Two JUSTICES, to a penalty not exceeding forty shillings; but a prosecution for the last mentioned penalty in Scotland requires the consent of the Lord Advocate. But this statute appears superseded by the Consolidation Act, 24 and 25 Vict. c. 99 (1861). The Acts 56 Geo. III. c. 68, and 12 and 13 Vict. c. 41, regulate the coinage of silver. The Act 7 and 8 Vict. c. 22 was passed to prevent frauds and abuses in marking gold and silver wares in England. See also 37 Geo. III. c. 126, 43 Geo. III. c. 139, 5 and 6 Vict. c. 47, as to foreign coin and plate.

All offences under the Coining Acts are BAILABLE.

COLLATERAL SECURITIES are formally completed by bonds of corroboration. The creditor may rank for the full amount of his debt on the estates of the principal and securities, to the effect only of drawing full payment from amongst them. COLLATERAL SUCCESSION is distinguished from succession to ascendants and descendants, being that which exists by and through brothers and sisters.

COLLATION is an act whereby the heritage and moveables are placed in one common fund, and shared equally.

The heir, being one of the next of kin and executors, may renounce the heritage as his prerogative; and by placing it in the same fund as the moveables, share equally with the other executors or next of kin in the whole succession.1787, M'Caw, Mor. 2383. Without such collation, he is excluded from any share in the moveables, even though the estate to which he has succeeded as heir be in a foreign country.-13th Feb. 1817, Robertson, Fac. Coll. An heir of entail, who is also the heir-at-law and one of the nearest of kin, is not entitled to share in the moveable succession without collating his life interest in the entailed estate.-28th Nov. 1833, Anstruther, aff. 20th Jan. 1836. The executors have no similar power to compel the heir to collate. An heir by destination, provision, or entail, is not bound to collate if not heir alioqui successurus, though taking a share of the moveables in his own right of blood. The issue of a predeceasing heir, succeeding to the intestate's heritage, may collate; but the other issue is not excluded, by his not collating, from claiming out of the moveable estate the difference between the value of the heritage and the share their parent would have taken on collation.-18 Vict. c. 23, s. 2. It has been held that the representatives of an heir who has died without collating his heritage are not entitled to a share of the moveable estate when they cannot collate the heritage.-20th Feb. 1873, Newbigging's Trustees, 11 M. 411.

COLLATION, INTER LIBEROS-Children claiming legitim, or their share