英文法律词典 C-47

COERCION, criminal law, contracts. Constraint; compulsion; force.

2. It is positive or presumed. 1. Positive or direct coercion takes place when a man is by physical force compelled to do an act contrary to his will; for example, when a man falls into the hands of the enemies of his country, and they compel him, by a just fear of death, to fight against it.

3. - 2. It is presumed where a person is legally under subjection to another, and is induced, in consequence of such subjection, to do an act contrary to his win. A married woman, for example, is legally under the subjection of her husband, and if in his company she commit a crime or offence, not malum in se, (except the offence of keeping a bawdy-house, In which case she is considered by the policy of the law as a principal, she is presumed to act under this coercion.

4. As will (q. v.) is necessary to the commission of a crime, or the making of a contract, a person coerced into either, has no will on the, subject, and is not responsible. Vide Roscoe's Cr. Ev. 7 85, and the cases there cited; 2 Stark. Ev. 705, as to what will, amount to coercion in criminal cases.

CO-EXECUTOR. One who is executor with another.

2. In general, the rights and duties of co-executors are equal.

COGNATION, civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family, or both.

2. Cognation is of -three kinds: natural, civil, or mixed. Natural cognation is that which is alone formed by ties of blood; such is the kindred of those who owe their origin to an illicit connexion, either in relation to their ascendants or collaterals.

3. Civil cognation is that which proceeds alone from the ties of families as the kindred between the adopted father and the adopted child.

4. Mixed cognation is that which unites at the same time the ties of blood and family, as that which exists between brothers, the issue of the same lawful marriage. 6; Dig. 38, 10.

COGNATI, cognates. This term occurs frequently in the Roman civil law, and denotes collateral heirs through females. It is not used in the civil law as it now prevails in France. In the common law it has no technical sense, but as a word of discourse in English it signifies, generally, allied by blood, related in origin, of the same family. See Vicat, ad verb.; also, Biret's Vocabulaire.