COPYRIGHT. The property which has been secured to the author of a
book, map, chart, or musical composition, print, cut or engraving, for a limited
time, by the constitution and laws of the United States. Lord Mansfield defines
copy, or as it is now termed copyright, as follows: I use the word copy in the
technical sense in which that name or term has been used for ages, to signify an
incorporeal right to the sole printing and publishing of something intellectual,
communicated by letters. 4 Burr. 3296; Merl. Repert. mot Contrefacon.
2. This subject will be considered by taking a view of, 1. The legislation of
the United States. 2. Of the persons entitled to a copyright. 3. For what it is
granted. 4. Nature of the right. 5. Its duration. 6. Proceedings to obtain Such
right. 7. Requisites after the grant. 8. Remedies. 9. Former grants.
3. - 1. The legislation of the United States. The Constitution of the United
States, art. 1, s. 8, gives power to congress "to promote the progress of
science, and the useful arts, by securing, for limited times, to authors and
inventors, the exclusive right to their respective writings and discoveries. In
pursuance of this constitutional autbority, congress passed the act of May 31,
1790; 1 Story's L. U. S. 94, and the act of April 29, 1802, 2 Story's L. U. S.
866, but now repealed by the act of February 3, 1831, 4 Shars. Cont. of Story,
2221, saving, always such rights as may have been obtained in conformity to
their provision. By this last mentioned act, entitled " An act to amend the
several acts respecting copyrights," the subject is now regulated.
4.- 2. Of the persons entitled to a copyright. Any person or persons, being a
citizen or citizens of the United States, or resident therein, who is the author
or authors of any book or books, map, chart, or musical composition, or who has
designed, etched, engraved, worked, or caused to be engraved, etched or worked
from his own design, any print or engraving, and the executors, administrators,
or legal representatives of such person or persons. Sect. 1, and sect. 8.
5. - 3. For what work the copyright is granted. The copyright is granted for
any book or books, map, chart, or musical composition, which may be now,
(February 3, 1831, the date of the act,) made or composed, and not printed or
published, or shall hereafter be made or composed, or any print or engraving,
which the author has invented, designed, etched, engraved or worked, or caused
to be engraved, etched or worked from his own design. Sect. 1.
6.- 4. Nature of the right. The person or persons to whom a copyrigbt has
been lawfully granted, have the sole right and liberty of printing, reprinting,
publishing and vending such book or books, map, chart, musical composition,
print, out or engraving, in whole or in part. Sect. 1.
7.- 5. Duration of the copyright. The right extends for the term of
twenty-eight Years from the time of recording the title of the book, &c., in
the office of the clerk of the court, as directed by law. Sect. 1.
8. But this time may be extended by the following provisions of the act.
9. Sect. 2. If, at the expiration of the aforesaid term of years, such
author, inventor, designer, engraver, or any of them, where the work had been
originally composed and made by wore than one person, be still living, and a
citizen or citizens of the United States, or resident therein, or being dead,
shall have left a widow, or child, or children, either or all then living, the
same exclusive right shall be continued to such author, designer, or engraver,
or if dead, then to such widow and child, or children, for the further term of
fourteen years: Provided, that the title of the work so secured shall be a
second time recorded, and all such other regulations as are herein required in
regard to original copyrights, be complied with in respect to such renewed
copyright, and that within six months before the expiration of the first
10. Sect. 3. In all cases of renewal of copyright under this act, such author
or proprietor shall, within two months from the date of, said renewal, cause a
copy of the record thereof to be published in one or more of the newspapers
printed in the United States, for the space of four weeks.
11. - Sect. 16. Whenever a copyright has been heretofore obtained by an
author or authors, inventor, designer, or engraver, of any book, map, chart,
print, cut, or engraving, or by a proprietor of the same; if such author or
authors, or either of them such inventor, desiginer, or engraver, be living at
the passage of this act, then, such author or authors, or the survivor of them,
such inventor, engraver, or designer, shall continue to have tbe same exclusive
right to his book, chart, map, print, cut or engraving, with the benefit of each
and all the provisions of this act, for the security thereof, for such
additional period of time as will, together with the tune which shall have
elapsed from the first entry of such copyright, make up the term of twenty-eight
years, with the same right to his widow, child, or children, to renew the
copyright, at the expiration thereof, as is provided in relation to copyrights
originally secured under this act. And if such author or authors, inventor,
designer, or engraver, shall not be living at the passage of this act, then, his
or their heirs, executors and administrators, shall be entitled to the like
exclusive enjoyment of said copyright, with the benefit of each and all the
provisions of this act for the security thereof, for the period of twenty-eight
years from the first entry of said copyright with the like privilege of renewal
to the widow, child, or children, of author or authors, designer, inventor, or
engraver, as is provided in relation to copyrights originally secured under this
12. - 6. Proceedings to obtain a copyright. No person shall be entitled to
the benefit of this act, unless he shall, before publication, deposit a printed
copy of the title of such book, or books, map, chart, musical composition,
print, out, or engraving, in the clerk's office of the district court of the
district wherein the author or proprietor shall reside, and the clerk of such
court is hereby directed and required to record the same therein forthwith, in a
book to be kept for that purpose, in the words following (giving a copy of the
title under the seal of the court, to the said author or proprietor, whenever he
shall require the same:) " District of_____to wit: Be it remembered, that on the
_____ day of ______ Anno Domini, A. B. of the said district, hath deposited in
this office the title of a book, (map, chart, or otherwise, as the case may be,)
the title of which is in the words following, to wit; (here insert the title;)
the right whereof he claims as author (or proprietor, as the case may be in
conformity with an act of congress, entitled 'An act to amend the several acts
respecting copyrights.' C. D. clerk of the district." For which record, the
clerk shall be entitled to receive from the person claiming such right as
aforesaid, fifty cents; and the like sum for every copy, under seal, actually
given to such person or his assigns. The act to establish the Smithsonian
Institution, for the increase and diffusion of knowledge among men, enacts,
section 10, that the author or proprietor of any book, map, chart, musical
composition, print, cut, or engraving, for, which a copyright shall be secured
under the existing acts of congress, or those 'which shall hereafter be enacted
respecting copyrights, shall, within three months from the publication of said
book, etc., deliver or cause to be delivered, one copy of the same to the
librarian of the Smithsonian Institution, and one copy to the librarian, of
Congress Library, for the use of the said libraries.
13.- 7. Requisites after the grant. No person shall be entitled to the
benefit of this act, unless he shall give information of copyright being
secured, by-causing to be inserted, in the several copies of each and every
edition published during the term secured, on the title page, or the page
immediately following, if it be a book, or, if a map, chart, musical
composition, print, cut, or engraving, by causing to be impressed on the face
thereof, or if a volume of maps, charts, music or engravings, upon the title or
frontispice thereof, the following words, viz: " Entered according to act of
congress, in the year by A. B., in the clerk's office of the district court of
___________________" (as the case may be.)
14. The author or proprietor of any such book, map, chart, musical
composition, print, cut, or engraving, shall, within three months from the
publication of said book, map, chart, musical composition, print, cut, or
engraving, deliver or cause to be delivered a copy. of the same to the clerk of
said district. And it shall be the duty of the clerk of each district court, at
least once in every year, to transmit a certified list of all such records of
copyright, including the titles so recorded, and the date of record, and also
all the several copies of books or other works deposited in his office,
according to this act, to the secretary of state, to be preserved in his
15.- 8. The remedies may be considered with regard, 1. To the penalties wbich
may be incurred. 2. The issue in actions under this act. 3. The costs. 4. The
16. - 1. The penalties imposed by this act relate, first, to the violation of
the copyright of books secondly, the violation of the copyright of prints, outs
or engravings, maps, charts, or musical compositions thirdly, the printing or
publishing of any manuscripts without the consent of the author or legal
proprietor; fourthly, for inserting in any book, &c., that the copyright has
been secured contrary to truth.
17. - First. If any other person or persons, from and after recording the
title of any book or books, according to this act, shall, within the term or
terms herein limited, print, publish, or import, or cause to be printed,
published, or imported, any copy of such book or books, without the consent of
the person legally entitled to the copyright thereof, first had and obtained in
writing, signed in presence of two or more credible witnesses, or shall, knowing
the same to be so printed or imported, publish, sell, or expose to sale, or
cause to be published, sold, or exposed to sale, any copy of such book, without
such consent in writing, then such offender Shall forfeit every copy of such
book to the person legally, at the time, entitled to the copyright thereof and
shall also forfeit and pay fifty cents for every such sheet which may be found
in his possession, either printed or printing, published, imported, or exposed
to sale, contrary tor the intent of this act; the one moiety thereof to such
legal owner of the copyright as aforesaid, and the other to the use of the
United States; to be recovered by action of debt in any court having competent
18. - Secondly. If any person or persons, after the recording the title of
any print, cut or engraving, map, chart, or musical composition, according to
the provisions of this act, shall, within the term or terms limited by this act,
engrave, etch, or work, sell, or Copy, or cause to be engraved, etched, worked,
or sold, or copied, either on the whole, or by varying, adding to, or
diminisbing the main design, with intent to evade the law, or shall print or
import for sale, or cause to be printed or imported for sale, any such map,
cbart, musical composition, print, cut, or engraving, or any parts thereof,
without the consent of the proprietor or proprietors of the copyright thereof,
first obtained in writing, signed in the presense of two credible witnesses; or,
knowing the same to be so printed or imported, without such consent, shall
publish, sell, or expose to sale, or in any manner dispose of any such map,
chart, musical composition, engraving, cut, or print, without such consent, as
foresaid; then such offenders shall forfeit the plate or plates on which such
map, chart, musical composition, engraving, cut, or print, shall be copied, and
also all and every sheet thereof so copied or printed, as aforesaid, to the
proprietor or proprietors of the copyright thereof; and shall further forfeit
one dollar for every sheet of such map, chart, musical composition, print, cut,
or engraving, which may be found in his or their possession, printed or
published, or exposed to sale, contrary to the true intent and meaning of this
act; the one moiety thereof to the proprietor or proprietors, and the other
moiety to the use of the United States, to be recovered in any court having
competent jurisdiction thereof.
19. Nothing in this act shall be construed to extend to prohibit the
importation or vending, printing or publishing, of any map, chart, book, musical
composition, print, or engraving, written, composed, or made by any person not
being a citizen of the United States, nor resident within the jurisdiction
20. Thirdly. Any person or persons, who shall print or publish any manuscript
whatever, without the consent of the author or legal proprietor first obtained
as aforesaid, (if such author or proprietor be a citizen of the United States,
or resident therein,) shall be liable to suffer and pay to the author or
proprietor all damages occasioned by such injury, to be recovered by a special
action on the case founded upon this act, in any court having cognizance
thereof; and the several courts of the United States empowered to grant
injunctions to prevent the violation of the rights of authors and inventors, are
hereby empowered to grant injunctions, in like manner, according to the
principles of equity, to restrain such publication of any manuscript, as
21.-Fourthly. If any person or persons, from and after the passing of this
act, shall print or publish any book, map, chart, musical composition, print,
cut, or engraving, not having legally acquired the copyright thereof, and shall
insert or impress that the same hath been entered according to act of congress,
or words purporting the same, every person so offending shall forfeit and pay
one hundred dollars; one moiety thereof to the person who shall sue for the
same, and the other to the use of the United States, to be re-covered by action
of debt, in any court of record leaving cognizance thereof.
22. - 2. The issue. If any person or persons shall be sued or prosecuted, for
any matter, act or thing done under or by virtue of this act, he or they may
plead the general issue, and give the special matter in evidence.
23. - 3. The costs. In all recoveries under this act, either for damages,
forfeitures, or penalties, full costs shall be allowed thereon, anything in any
former act to the contrary notwithstanding.
24. - 4. The limitation of actions is regulated as follows. No action or
prosecution shall be maintained in any case of forfeiture or penalty under this
act, unless the same shall have been commenced within two years after the cause
of action shall have arisen.
25. - 9. Former grants. All and several the provisions of this act, intended
for the protection and security of. copyrights, and providing remedies,
penalties, and forfeitures in case of violation thereof, shall be held and
construed to extend to the benefit of the legal proprietor or proprietors of
each and every copyright heretofore obtained, according to law, during the term
thereof, in the same manner as if such copyright had been entered and secured
according to the directions of this act. And by the 16th section it is provided
that this act shall not extend to any copyright heretofore secured, the term of
which has already expired.
26. Copyrights are secured in most countries of Europe. In Great Britain, an
author has a copyright in his work absolutely for twenty-eight years, and if he
be living at the end of that period, for the residue of his life. In France, the
copyright of an author extends to twenty years after his death. In most, if not
in all the German states, it is perpetual; it extends only over the state in
which it is granted. In Russia, the right of an author or translator continues
during his life, and his heirs enjoy the privilege twenty-five years afterwards.
No manuscript or printed work of an author can be sold for his debts. 2 Am. Jur.
253, 4. Vide, generally, 2 Am. Jur. 248; 10 Am. Jur. 62; 1 Law Intell. 66; and
the articles Literary property; Manuscript.
COPYHOLD, estate in the English law. A copyhold estate is a parcel of
a manor, held at the will of the lord, according to the custom of the manor, by
a grant from the lord, and admittance of the tenant, entered on the rolls of the
manor court. Cruise, Dig. t. 10, c. 1, s. 3. Vide Ch. Pr. Index, h. t.
CORAM. In the presence of; before. Coram nobis, before us; coram
vobis, before you; coram non judice, is said of those acts of a court which has
no jurisdiction, either over the person, the, cause, or the process. 1 Con. 40.
Such acts have no validity. Where a thing is required to be done before a
particular person, it would not be considered as done before him, if he were
asleep or non compos. Vide Dig. 4, 8, 27, 5; Dane's Ab. Index, h. t.; 5 Harr.
& John. 42; 8 Cranch, 9; Paine's R. 55; Bouv. Inst. Index, h. t.
CORD, measures. A cord of wood must, when the wood is piled close,
measure eight feet by four, and the wood must be four feet long. There are
various local regulations in our principal cities as to the manner in which wood
shall be measured and sold.
CORN. In its most comprehensive sense, this term signifies every sort
of grain, as well as peas and beans, this is its meaning in the memorandum
usually contained in policies of insurance. But it does not include rice. 1
Park. Ins. 112; Marsh. Ins. 223, note; Stev. on Av. part 4, art. 2; Ben. on Av.
eh. 10; 1 Marsh. Ins. 223; Park on Ins. 112; Wesk. Ins. 145. Vide Com. Dig.
Biens, G 1.
CORNAGE. The name of a species of tenure in England. The tenant by
cornage was bound to blow a horn for the sake of alarming the country on the
approach of an enemy. Bac. Ab. Tenure, N.
CORNET. A commissioned officer in a regiment of cavalry.
CORODY, incorporeal hereditaments. An allowance of meat, drink, money,
clothing, lodging, and such like necessaries for sustenance. 1 Bl. Com. 282; 1
Ch. Pr. 225.
CORONER. An officer whose principal duty it is to hold an inquisition,
with the assistance of a jury, over the body of any person who may have come to
a violent death, or who has died in prison. It is his duty also, in case of the
death of the sheriff, or when a vacancy happens in that office, to serve all the
writs and process which the sheriff is usually bound to serve. The chief justice
of the King's Bench is the sovereign or chief coroner of all England, although
it is not to be understood that he performs the active duties of that office in
any one count. 4 Rep. 57, b. Vide Bac. Ab. h. t.; 6 Vin. Ab.242; 3 Com. Dig.
242; 5 Com. Dig. 212; and the articles Death; Inquisition.
2. The duties of the coroner are of the greatest consequence to society, both
for the purpose of bringing to punishment murderers and other offenders against
the lives of the citizens, and of protecting innocent persons from criminal
accusations. His office, it is to be regretted, is regarded with too much
indifference. This officer should be properly acquainted with the medical and
legal knowledge so absolutely indispensable in the faithful discharge of his
office. It not unfrequently happens that the public mind is deeply impressed
with the guilt of the accused, and when probably he is guilty, and yet the
imperfections of the early examinations leave no alternative to the jury but to
acquit. It is proper in most cases to procure the examination to be made by a
physician, and in some cases, it is his duty. 4 Car. & P. 571.
CORPORAL. An epithet for anything belonging to the body, as, corporal
punishment, for punishment inflictedon the person of the criminal; corporal
oath, which is an oath by the party who takes it being obliged to lay his hand
on the Bible.
CORPORAL, in the army. A non-commissioned officer in a battalion of
CORPORAL TOUCH. It was once decided that before a seller of personal
property could be said to have stopped it in transitu, so as to regain the
possession of it, it was necessary that it should come to his corporal touch. 3
T. R. 466 5 East, 184. But the contrary is now settled. These words were used
merely as a figurative expression. 3 T. R. 464 5 East, 184.
CORPORATION. An aggregate corporation is an ideal body, created by
law, composed of individuals united under a common name, the members of which
succeed each other, so that the body continues the same, notwithstanding the
changes of the individuals who compose it, and which for certain purposes is
considered as a natural person. Browne's Civ. Law, 99; Civ. Code of Lo. art.
418; 2 Kent's Com. 215. Mr. Kyd, (Corpor. vol. 1, p. 13,) defines a corporation
as follows: " A corporation, or body politic, or body incorporate, is a
collection of many; individuals united in one body, under a special
denomination, having perpetual succession under an artificial form, and vested
by the policy of the law, with a capacity of acting in several respects as an
individual, particularly of taking and granting property, contracting
obligations, and of suing and being sued; of enjoying privileges and immunities
in common, and of exercising a variety of political rights, more or less
extensive, according to the design of its institution, or the powers conferred
upon it, either at the time of its creation, or at any subsequent period of its
existence." In the case of Dartmouth College against Woodward, 4 Wheat. Rep.
626, Chief Justice Marshall describes a corporation to be "an artificial being,
invisible, intangible, and existing only in contemplation of law. Being the mere
creature of law," continues the judge, "it possesses only those properties which
the charter of its creation confers upon it, either expressly or as incidental
to its very existence. These are such as are supposed best calculated to effect
the object for which it was created. Among the most important are immortality,
and if the expression may be allowed, individuality properties by which a
perpetual succession of many persons are considered, as the same, and may act as
the single individual, They enable a corporation to manage its own affairs, and
to hold property without the perplexing intricacies, the hazardous and endless
necessityof perpetual conveyance for the purpose of transmitting it from hand to
hand. It is chiefly for the purpose of clothing bodies of men, in succession,
with these qualities and capacities, that corporations were invented, and are in
use." See 2 Bl. Corn. 37.
2. The words corporation and incorporation are frequently confounded,
particularly in the old books. The distinction between them is, however,
obvious; the one is the institution itself, the other the act by which the
institution is created.
3. Corporations are divided into public and private.
4. Public corporations, which are also called political, and sometimes
municipal corporations, are those which have for their object the government of
'a portion of the state; Civil Code of Lo. art. 420 and although in such case it
involves some private interests, yet, as it is endowed with a portion of
political power, the term public has been deemed appropriate.
5. Another class of public corporations are those which are founded for
public, though not for political or municipal purposes, and the, whole interest
in which belongs to the government. The Bank of Philadelphia, for example, if
the whole stock belonged exclusively to the government, would be a public
corporation; but inasmuch as there are other owners of the stock, it is a
private corporation. Domat's Civil Law,- 452 4 Wheat. R. 668; 9 Wheat. R. 907 8
M'Cord's R. 377 1 Hawk's R. 36; 2 Kent's Corn. 222.
6. Nations or states, are denominated by publicists, bodies politic, and are
said to have their affairs and interests, and to deliberate and resolve, in
common. They thus become as moral persons, having an understanding and will
peculiar to themselves, and are susceptible of obligations and laws. Vattel, 49.
In this extensive sense the United States may be termed a corporation; and so
may each state singly. Per Iredell, J. 3 Dall. 447.
7. Private corporations. In the popular meaning of the term, nearly every
corporation is public, inasmuch as they are created for the public benefit; but
if the whole interest does not belong to the government, or if the corporation
is not created for the administration of political or municipal power, the
corporation is private. A bank, for instance, may be created by the government
for its own uses; but if the stock is owned by private persons, it is a private
corporation, although it is created by the government, and its operations
partake of a private nature. 9 Wheat. R. 907. The rule is the same in the case
of canal, bridge, turnpike, insurance companies, and the like. Charitable or
literary corporations, founded by private benefaction, are in point of law
private corporations, though dedicated to public charity, or for the general
promotion of learning. Ang. & Ames on Corp. 22.
8. Private corporations are divided into ecclesiastical and lay.
9. Ecclesiastical corporations, in the United States, are commonly called
religious corporations they are created to enable religious societies to manage
with more facility and advantage, the temporalities belonging to the church or
10. Lay corporations are divided into civil and eleemosynary. Civil
corporations are created for an infinite variety of temporal purposes, such as
affording facilities for obtaining loans of money; the making of canals,
turnpike roads, and the like. And also such as are established for the
advancement of learning. 1 Bl. Com. 471.
11. Eleemosynary corporations are such as are instituted upon a principle of
charity, their object being the perpetual distribution of the bounty of the
founder of them, to such persons as he has directed. Of this kind are hospitals
for the relief of the impotent, indigent and sick, or deaf and dumb. 1 Kyd on
Corp. 26; 4 Conn. R. 272; Angell & A. on Corp. 26.
12. Corporations, considered in another point of view, are either sole or
13. A sole corporation, as its name implies, consists of only one person, to
whom and his successors belongs that legal perpetuity, the enjoyment of which is
denied to all natural persons. 1 Black Com. 469. Those corporations are not
common in the United States. In those states, however, where the religious
establishment of the church of England was adopted, when they were colonies,
together with the common law on that subject, the minister of the parish was
seised of the freehold, as persona ecclesiae, in the same manner as in England;
and the right of his successors to the freehold being thus established was not
destroyed by the abolition of the regal government, nor can it be divested even
by an act of the state legislature. 9 Cranch, 828.
14. A sole corporation cannot take personal property in succession; its
corporate capacity of taking property is confined altogether to real estate. 9
15. An aggregate corporation cousists of several persons, who are' united in
one society, which is continued by a succession of members. Of this kind are the
mayor or commonalty of a city; the heads and fellows of a college; the members
of trading companies, and the like. 1 Kyd on Corp. 76; 2 Kent's Com. 221 Ang.
& A. on Corp. 20. See, generally, Bouv. Inst. Index, h. t.
CORPORATOR. One who is a member of a corporation.
2. In general, a corporator is entitled to enjoy all the benefits and rights
which belong to any other member of the corporation as such. But in some
corporations, where the rights are of a pecuniary nature, each corporator is
entitles to those rights in proportion to his interest; he will therefore be
entitled to vote only in proportion to the amount of his stock, and be entitled
to dividends in the same proportion.
3. A corporator is not in general liable personally for any act of the
corporation, unless he has been made so by the charter creating the
CORPOREAL PROPERTY, civil law. That which consists of such subjects as
are palpable. In the common law, the term to signify the same thing is properly
in possession. It differs from incorporeal property, (q. v.) which consists of
choses in action and easements, as a right of way, and the like.
CORPSE. The dead body (q. v.) of a human being. Russ. & Ry. 366,
n.; 2 T. R. 733; 1 Leach, 497; 16 Eng. Com. L. Rep. 413; 8 Pick. 370; Dig. 47,
12, 3, 7 Id. 11, 7, 38; Code, 3, 441.
2. As a corpse is considered as nullius bonis, or the property of no one, it
follows that stealing it, is not, at common law, a larceny. 3 Inst. 203.
CORPUS. A Latin word, which signifies body; as, corpus delicti, the
body of the offence, the essence of the crime; corpus juris canonis, the body of
the canon law; corpus juris civilis, the body of the Civil law.
CORPUS COMITATUS. The body of the county; the inhabitants or citizens
of a whole county, used in contradistinction to a part of a county, or a part of
its citizens. See 5 Mason, R. 290.
CORPUS JURIS CIVILIS. The body of the civil law. This, is the name
given to a collection of the civil law, consisting of Justinian's Institutes,
the Pandects or Digest, the Code, and the Novels.
CORPUS CUM CAUSA, practice. The writ of habeas corpus cum causa (q.
v.) is a writ commanding -the person to whom it is directed, to have the body,
together with the cause for which he is committed, before the court or judge
issuing the same.
CORPUS DELICTI. The body of the offence; the essence of the crime
2. It is a general rule not to convict unless the corpus delicti can be
established, that is, until the dead body has been found. Best on Pres. 201; 1
Stark. Ev. 575, See 6 C. & P. 176; 2 Hale, P. C. 290. Instances have
occurred of a person being convicted of having killed another, who, after the
supposed criminal has been put to death for the supposed offence, has made his
appearance - alive. The wisdom of the rule is apparent; but it has been
questioned whether, in extreme cases, it may not be competent to prove the basis
of the corpus delicti by presumptive evidence. 3 Benth. Jud. Ev. 234; Wills on
Circum. Ev. 105; Best on Pres. 204. See Death.
CORPUS JURIS CANONICI. The body of the canon law. A compilation of the
canon law bears this name. See Law, canon.
CORRECTION,punishment. Chastisement by one having authority of a
person who has committed some offence, for the purpose of bringing him to legal
2. It is chiefly exercised in a parental manner, by parents, or those who are
placed in loco parentis. A parent may therefore justify the correction of the
child either corporally or by confinement; and a schoolmaster, under whose care
and instruction a parent has placed his child, may equally justify similar
correction; but the correction in both, cases must be moderate, and in proper
manner. Com. Dig. Pleader, 3 M. 19; Hawk. c. 60, s. 23, and c. 62, s. 2 c. 29,
3. The master of an apprentice, for disobedience, may correct him moderately
1 Barn. & Cres. 469 Cro. Car. 179 2 Show. 289; 10 Mart. Lo. It. 38; but he
cannot delegate the authority to another. 9 Co. 96.
4. A master has no riglit to correct his servants who are not
5. Soldiers are liable to moderate correction from their superiors. For the
sake of maintaining their discipline on board of the navy, the captain of a
vessel, either belonging to the United States, or to private individuals, may
inflict moderate correction on a sailor for disobedience or disorderly conduct.
Abbott on Shipp. 160; 1 Ch . Pr. 73; 14 John. R. 119; 15 )lass. 365; 1 Bay, 3;
Bee, 161; 1 Pet. Adm. Dec. 168; Molloy, 209; 1 Ware's R. 83. Such has been the
general rule. But by a proviso to an act of congress, approved the 28th of
September, l850, flogging in the navy and on board vessels of commerce was
6. Any excess of correction by the parent, master, officer, or captain, may
render the party guilty of an assault and battery, and liable to all its
consequences. In some prisons, the keepers have the right to correct the
CORREGIDOR, Spanish law. A magistrate who took cognizance of 'various
misdemeanors, and of civil matters. 2 White's Coll. 53.
CORRELATIVE. This term is used to designate those things, one of which
cannot exist without another; for example, father and child; mountain and
valley, &c. Law, obligation, right, and duty, are therefore correlative to
CORRESPONDENCE. The letters written by one to another, and the answers
thereto, make wbat is called the correspondence of the partie's.
2. In general, the correspondence of the parties contains the best evidence
of the facts to which it relates. See Letter, contracts; Proposal.
3. When an offer to contract is made by letter, it must be accepted
unconditionally for if the precise terms are changed, even in the slightest
degree, there is no contract. 1 Bouv. Inst. n. 904. See, as to the power of
revoking an offer made by letter, 1 Bouv. Inst. n. 933.
CORRUPTION. An act done with an intent to give some advantage
inconsistent with official duty and the rights of others. It includes bribery,
but is more comprehensive; because an act may be corruptly done, though the
advantage to be derived from it be not offered by another. Merl. Rep. h. t.
2. By corruption, sometimes, is understood something against law; as, a
contract by which the borrower agreed to pay the lender usurious interest. It is
said, in such case, that it was corruptly agreed, &c.
CORRUPTION OF BLOOD,, English crim. law. The incapacity to inherit, or
pass an inheritance, in consequence of an attainder to which the party has been
2. When this consequence flows from an attainder, the party is stripped of
all honors and dignities he possessed, and becomes ignoble.
3. The Constitution of the United States, Amendm. art. 5, provides, that no
person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising
in the land or naval, forces, or in the militia, when in actual service in time
of war or public danger" and by art. 3, s. 3, n. 2, it is declared tbat " no
attainder of treason shall work. corruption of blood, or forfeiture, except
during the life of the person attainted."
4. The Constitution of Pennsylvania, art. 9, s. 19, directs that " no
attainder shall work corruption of blood." 3 Cruise, 240, 378 to 381, 473 1
Cruise, 52 1 Chit. Cr. Law, 740; 4 Bl. Com. 388.
CORSNED, ancient Eng. law. This was a piece of accursed bread, which a
person accused of a crime swallowed to test his innocence. It was supposed that,
if he was guilty, it would choke him.
CORTES. The name of the legislative assemblies of Spain and
COSENAGE, torts. Deceit, fraud: that kind of circumvention and wrong,
which has no other specific name. Vide Ayl. Pand. 103 Dane's Ab. Index, h.