COGNISANCE. See COoaizfiNes. 'COGNITIONIBUS ApMITTENDIS..
A' Writ requiring a justice or otherqualifled, persenwho'has, taken fine and neglects to ceAifyitin the boUrt of common pleas, to do so.: ,COGNIZANCE-- (Lat- cognate, recoghi tion, knowledge ;: spelled, also, Canusance and Cognisance). AcknoWleegment; recognition;: jurisdiction, judicial power; hearing a matter: judicially. --- 'Of Pleaa . Jurisdiction of causes. A privi lege. granted by the king to e city or town to hold pleas within thesame. -Termes de la -Lehr. _kits in frequent tise among the Writers on English la*. in this. latter sense,. bat is seldom used, if at all, in:America, ex-, cept in its more general meaning. The uni versities .of Cambridge end possess this franchise. Willes, 233; 1 Sid. 103 ; 11 East, 543'; -1 W. 454; 10 Mod. 126 ; 3,'Sharaw.00d, Blackst: Comm. 298.
• Cognizance (or of Conusance) is' an intervention by a third peison,,deluaticti, ing judicature in the 'ektise against the plain: tiff, *VO has chosen to: commence his Option_ out of claimant'S'eourt: 2 Wile.409; 2 Share wood, Blackst. Comtn.
"It'is question orjniisdictien between the tvvo courts, POrtese. 157;, 5 Viner,Abr. 588;
and tiol',1setween the plaintiff and defendant, as in the ease of plea to the jurisdiction, and. must be demanded by the party entitled to commence; or by his representative, and not bythe .defendanker his attorney. 1, Chitty, Plead..493.
_ , There. are three. sorts of conusance. - Tenere placita,„which does not oust another court of Ite jurisdiction, hut only concurrent one. Cognitio placitorent,. when the plea. is, commeneedin one court, of which conusance belenge to another: A conusance of exclusive jurisdiction: thit no other court shall hold_ plea, ete. ' Hatch': 5'09 ; Abr. Courts, D.. , Pleading, The answer of the defend: stilt in an action of replevin who is- not en titled to the distress or 'goods which are the subject- of the • action,—acknowledging the, taking, and justifying his having been done by the command of one who is so entitled. Lames, 35, 36 ; 4 Bouvier, Inst. n. An acknowledgment made .by the in, levying a fine, that the lands in -question are.'the right of the complainant. 2 Shars.' wood, Placket. Comm. 350.
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