COGNIZANCE (Lat. cognitio, recognition, knowledge; spelled, also, Conusance and Cog nisance). Acknowledgment; recognition; ju risdiction ; judicial power; hearing a matter judicially. See 12 Ad. & El. 259.
Of Pleas. Jurisdiction of causes. A privi lege granted by the king to a city or town to hold pleas within the same. Terms de la Ley. It is in frequent use among the older writers on English law in this latter sense, but is seldom used, if at all, in America, except in its more general mean ing. The universities of Cambridge and Ox ford possess this franchise; 11 East 543; 1 W. Bla. 454; 3 Bla. Corn. 298.
Claim of Cognizance (or of Conusance). An intervention by a third person, demanding judicature in the cause against the plaintiff, who has chosen to commence his action out of claimant's' court. 2 Wile. 409; 2 Bla. Corn. 350, n.
It is a question of jurisdiction between the two courts; Fortesc. 157; 5 Mier, Abr. 588; and not between the plaintiff and de fendant, as in the case of plea to the juris diction, and must be demanded by the party entitled to connsance, or his representative, and not by the defendant or his attorney; 1 Chit. Pl. 403.
There are three sorts of conusance.
Tenere placita, which does not oust another court of its jurisdiction, but only creates a concurrent one. Cognitio placitorum, when the plea is commenced in one court, of which conusance belongs to aother. A conusance of exclusive jurisdiction: as, that no other court shall hold plea, etc. Hardr. 509 ; Bac. Abr. Courts, D.
In Pleading. The answer of the defend ant 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 it as having been done by the command of one who is so entitled. Lawes, Pl. 35. An acknowledgment made by the deforciant, in levying a tine, that the lands in question are the right of the com plainant. 2 Ma. Com. 350. See Inhabitants of Sturbridge v. Winslow, 21 Pick. (Mass.) 87; Noble v. Holmes, 5 Hill (N. Y.) 194.