title to a valid copyright, the plaintiff who sues for an infringement must, of course, establish the infringement. 1 b. COMPETENCY OF EVIDENCE Similarity Between the Two Works. Since one work may be similar to another without having been derived from or based upon it,2 mere resemblance between two works does not necessarily show that the one is a piracy of the other.3 Identity of contents, arrangement, and combination is, however, strong evidence that the second book was borrowed from the first, because it is highly improbable that the two authors would express their thoughts and sentiments in the same language throughout a book or treatise of any considerable size, or adopt the same arrangement or combination in their publication. How Proved. The similarity between the alleged infringement and the work of which it is claimed to be a piracy should be shown by introducing both works in evidence, and not by the testimony of a person who has examined both works. 5 Fact of Common Errors. - The fact that two works, one of which is claimed to be a piracy of the other, contain common errors, is competent evidence to show an unfair use of the earlier work. It has been said that this is especially so in the case of compilations where a close resemblance is the necessary consequence of the use of common materials. 3. Of Profits. As to the profits made by the infringer, it has been held that the plaintiff makes a prima facie case by showing the selling price and the usual manufacturer's cost.8 CORAL. See CAMEO. CORAM NOBIS CORAM VOBIS. - See ENCYC. OF PLEADING AND PRACTICE, vol. 5, p. 26. CORAM NON JUDICE. (See the titles JUDGE; JUDGMENTS and Decrees; JURISDICTION; JUSTICES OF THE PEACE.) — Coram non judice means, before one who is not the proper judge. Where an action is brought and determined in a court which has no jurisdiction over the matter, it is said to be coram non judice. CORD. (See the title WEIGHTS AND MEASURES.) A measure of wood or bark, containing one hundred and twenty-eight cubic feet, being the quantity contained in a pile eight feet long, four feet broad, and four feet high. Such a pile is called a cord.9 1. Chase v. Sanborn, 4 Cliff. (U. S.) 306. Proving Infringement in Part. It has been held that a complainant does not, by proving that part of his work has been infringed, and convincing the court that it will be difficult to prove the rest, relieve himself from the burden of proving the infringement. West Pub. Co. v. Lawyers' Co-operative Pub. Co., 64 Fed. Rep. 360. 2. See supra, this title, Infringement. 3. Emerson v. Davies, 3 Story (U. S.) 768. The mere circumstance that two syllabi of the same opinion are expressed in identical language is not always sufficient proof that one was borrowed from the other, especially if the statement is familiar and brief. West Pub. Co. v. Lawyers' Co-operative Pub. Co., 79 Fed. Rep. 756. 4. Reade v. Lacy, 1 Johns. & H. 524; Roworth v. Wilkes, 1 Campb. 94: Lawrence v. Dana, 4 Cliff. (U. S.) So; Emerson ย. Davies, 3 Story (U. S.) 768; Myers v. Callaghan, 20 Fed. Rep. 441; Chapman v. Ferry, 18 Fed. Rep. 539. 5. Boucicault v. Fox, 5 Blatchf. (U. S.) 87. Proof of Authorship. The fact that the plan, arrangement, and combination of a copyrighted work originated in the brain of the author may be proved by some other person than such author. Bullinger v. Mackey, 15 Blatchf. (U. S.) 550. 6. Infringement Shown by Coincidence of Errors. Mawman v. Tegg, 2 Russ. 393; Lawrence v. Dana, 4 Cliff. (U. S.) 1; Chapman v. Ferry, 18 Fed. Rep. 539; Chicago Dollar Directory Co. v. Chicago Directory Co., 24 U. S. App. 636, 66 Fed. Rep. 977; West Pub. Co. v. Lawyers' Co-operative Pub. Co., 79 Fed. Rep. 756; Jewelers' Mercantile Agency v. Jewelers' Weekly Pub. Co., 84 Hun (N. Y.) 12. See Mead v. West Pub. Co., 80 Fed. Rep. 380. 7. List Pub. Co. v. Keller, 30 Fed. Rep. 772. 8. Myers v. Callaghan, 24 Fed. Rep. 636. See Gilmore v. Anderson, 42 Fed. Rep. 267. 9. Cord. Bouv. Law Dict.; Kennedy v. Oswego, etc., R. Co., 67 Barb. (N. Y.) 169. A cord has been defined by statute in several of the states to consist of a quantity equal to a pile eight feet in length, four feet in width, CORN. (See the title CROPS; and see GRAIN.) "Corn" is defined to be a cereal grain, and the word is commonly used in the United States in place of Indian corn or maize.1 and four feet in height. Mass. Gen. Stat. (1882), c. 60, 73; N. Car. Rev. Stat. (1883), 3049; R. I. Pub. Stat. (1882), c. 128, § 1; Vt. Rev. Laws (1880), $ 3711; Va. Code (1873), c. lxxxviii., § 8. Or of one hundred and twentyeight cubic feet. Ohio Rev. Stat. (1883), § 4434; Va. Code (1873), c. lxxxviii., § 8. Provision is made in these statutes that the wood shall be well stowed and packed; and the measurement in Massachusetts, Rhode Island, and Vermont includes one-half of the kerf. A Massachusetts statute defined a cord of wood. In Colton v. King, 2 Allen (Mass.) 319, the court said: "The declaration is upon an account annexed, for 542 cords of wood. The proof was not of any number of cords sold, but of a bargain by which a partial and imperfect measurement was agreed upon by which to fix the quantity to be paid for, the plaintiffs admitting that it did not give the true quantity. We are of opinion that a declaration for the sale and delivery of a certain number of cords of wood must be interpreted as meaning cords such as the statute defines, and is not supported by proof of a special agreement that a less quantity should be delivered and accepted as a cord under the contract between the parties. Hockin v. Cooke, 4 T. R. 315.' In Kennedy v. Oswego, etc., R. Co., 67 Barb. (N. Y.) 169, it was said: "When a contract is made for the purchase and sale of a given number of cords of wood, the vendor is bound to deliver, and the vendee is entitled to receive, one hundred and twenty-eight cubic feet for each cord of wood so contracted for." It was accordingly held that the purchaser, though informed that the wood was but three feet long, was not bound to accept a pile of such eight feet long by four feet high as a cord, in the absence of a special contract to do so, or a well-known custom or usage which recognizes such a pile as a cord. See the title USAGES AND CUSTOMS. The Sale of a Part of a Cord of wood is not a sale" by the cord within an act providing a penalty for such, unless the wood is measured by the appointed measurer. Pray v. Burbank, 12 N. H. 267. Larceny. ་ Twenty-five cords of wood" is a sufficient description of the subject of a larceny in an indictment. It sufficiently indicates that the property was personal, and not real. State v. Parker, 34 Ark. 158. 1. Wood v. State, 18 Fla. 969. Indian Corn.- In the United States corn is now generally and popularly restricted in its meaning to maize or Indian corn. Wood v. State, 18 Fla. 969; State v. Nipper, 95 N. Car. 653; Com. v. Pine, 3 Pa. L. J. 411. The word corn, referring to grain, as used in this country, ordinarily means Indian corn, and not the cereal grains generally, unless the meaning is enlarged by the circumstances of its employment. Thus, a representation that a mill was capable of grinding forty bushels of corn per hour, is not shown to be untrue by proof that it would grind only fifteen bushels of mixed corn and oats per hour. Kerrick v. Van Dusen, 32 Minn. 317. 46 In a larceny act corn does not mean a cereal, or wheat, or barley, or oats, but Indian maize, that having been the principal breadstuff here. Sullins v. State, 53 Ala. 474. In that case the court said: Corn, here, whatever it may elsewhere signify, or whatever it may have signified elsewhere, does not mean a cereal, or wheat, or barley, or oats, or mere grain. It means that which is termed Indian maize, and is and has been the principal breadstuff here." In the same act, outstanding crop of corn means the crop in the field, not gathered thence and housed, without reference to its state; it is not confined to that which remains beyond the proper time for housing, or to matured cora in a condition to be housed. Sullins v. State, 53 Ala. 474. See OUTSTANDING; and the title CROPS. In England corn is a comprehensive or general term, including all kinds of grain. Park on Ins. 112; I Parsons on Mar. Ins. 627, n. 2. In the memorandum clause of a policy of insurance, corn was held to include pease and beans. Mason v. Skurray, Park on Ins. 112. Malt also comes within the designation as being corn in a manufactured state. Moody v. Surridge, 2 Esp. N. P. 633. But rice does not. Scott v. Bourdillion, 2 B. & P. N. R. 213. Corn Provisions. Corn has been held to be embraced within an exemption from execution of all such provisions as may be on hand for family use. The court said: "It is certainly not an unreasonably liberal construction of this statute to hold that corn, so generally used in this country for bread, is embraced by the term provisions.' Whether the plaintiff had on hand a surplus of corn, or only such quantity as was necessary for family use, was a question to be determined by the jury, from the evidence, and the instruction properly left it to them." Atkinson v. Gatcher, 23 Ark. 103. Larceny. In State v. Nipper, 95 N. Car. 653, it was held that a charge that the defendant stole three bushels of corn is supported by proof that he stole three bushels of corn in the ear. The court said: "In this country the term corn applies mainly to maize or Indian corn, and it does not necessarily imply shelled corn. In a general sense, one in common use, it implies corn either shelled or in the ear. Thus it is said of a farmer that he produced on his farm a thousand bushels of corn, without reference to whether it is shelled or not. And so it is said there is stored in a house a thousand bushels of corn; this implies that quantity shelled or unshelled. To say that a quantity of corn is shelled, or that it is unshelled, is to describe its condition in a certain respect; to say it is red, or white, or speckled, is to describe it in another respect and give it greater particularity." 2. Burglary. (See generally the title BURGLARY, vol. 5, p. 54.) Metz v. State, 46 Neb. CORNER. I. A "corner" is the intersection of two converging lines or surfaces; an angle, whether internal or external; as the corner of a building, the four corners of a square, the corner of two streets. Also, the space between two converging lines or surfaces.1 2. A "corner" is a monopolizing of the marketable supply of a stock or commodity, through purchase for immediate or future delivery, generally by a secretly organized combination, for the purpose of raising the price; as a "corner" in wheat.2 CORODIES. (See generally the titles ANNUITIES, vol. 2, p. 386; INCORPOREAL HEREDITAMENTS; PENSIONS.)" Corodies" were a right of sustenance, or to receive certain allotments of victual and provision for one's maintenance; e. g., a bishopric was at one time saddled with the maintenance of at least one royal chaplain; in lieu of which (especially when due from ecclesiastical persons) a pension or sum of money was sometimes substituted. And these might be reckoned a species of incorporeal hereditaments, though not chargeable on or issuing out of any corporeal inheritance, but only charged on the person of the owner in respect of his inheritance. 547, in which case it was held that a corncrib was a storehouse and warehouse within the meaning of the Nebraska statute defining burglary. cereal In Wood v. State, 18 Fla. 969, it was held that a corncrib was not necessarily a building, ship, or vessel, within the statute against burglary. The court said: "The indictment is further defective in that it does not charge the breaking and entering a building, ship, or vessel. The breaking and entering is alleged to have been into a cornerib, not a building called a cornerib. We have been unable to find this word cornerib in Worcester's Dictionary, and it is not necessarily a building, ship, or vessel. Corn is defined to be a grain, and the word is commonly used in this country in place of Indian corn or maize. Crib has various definitions, as the manger of a stable, a bin, a frame for a child's bed, a small habitation, and is used in the latter sense by Shakespeare. Nowhere else do we find it used in the sense of a building. The indictment is defective, and judgment is arrested." Corncrib― Arson. (See generally the title ARSON, vol. 2, p. 932.) · Where a statute defined burning of a cornpen containing corn, as arson in the second degree, it was held that cornerib containing corn had substantially the same signification as cornpen." Cook v. State, 83 Ala. 62. * * * In Brown v. State, 52 Ala. 347, it is said that a cornerib is undoubtedly both a house and a building within the statute against arson. The court said: "The evidence as to what was in the crib at the time it was burned was irrelevant, although it was proper to show the 597 purpose for which the building had been used, by the testimony that he kept corn and fodder in it,' in order to identify it with the kind of crib described in the indictment - to wit, a corncrib.' 1. Century Dict. See generally the titles BOUNDARIES, vol. 4, p. 756; DEEDS; VENDOR AND PURCHASER. A conveyance of a certain amount of land lying in the southwest corner of a certain section describes the general position of the land with sufficient certainty. The "corner is a base point from which two sides of the land conveyed shall extend an equal distance, so as to include by parallel lines the quantity conveyed." Walsh v. Ringer, 2 Ohio 333. 2. Century Dict. Such manipulation of the market is illegal. See the titles CONSPIRACY, vol. 6, p. 848; ILLEGAL CONTRACTS; STOCK AND PRODUCE EXCHANGE. And see the following cases: Sampson v. Shaw, 101 Mass. 145; Morris Run Coal Co. v. Barclay Coal Co., 68 Pa. St. 173; Foss v. Cummings, 149 Ill. 353; Solomon v. Warner, 64 L. T. 598; Cameron v. Durkheim, 55 N. Y. 425. In Kirkpatrick v. Bonsall, 72 Pa. St. 158, the court said: Worse even than this, it tempts men of large capital to make bargains of stupendous proportions, and then to manipulate the market to produce the desired price. This, in the language of gambling speculation, is making a corner; that is to say, the article is so engrossed or manipulated as to make it scarce or plenty in the market, at the will of the gamblers, and then to place its price within their power. Such transactions are destructive of good morals and fair dealing, and of the best interests of the community.' Volume VII. I. DEFINITION, 598. CORONERS. II. DIFFERENT KINDS OF CORONERS, 599. III. ELECTION AND APPOINTMENT, 600. IV. QUALIFICATIONS, 600. V. OATH AND BOND, 601. VI. POWERS AND DUTIES, 602. 1. As a Judicial Officer, 602. a. Generally, 602. b. Investigating Extraordinary Deaths, 603. (1) Generally, 603. (2) The Inquest, 604. (a) Status of the Court, 604. (b) Time, Place, and Manner of Holding, 604. (c) Provision for Holding Inquest When Coroner Absen, 606. (d) Proceedings, 606. aa. The Fury, 606. bb. Witnesses, 607. cc. The Autopsy, 608. dd. Reaching a Verdict, 610. ee. The Inquisition, 610. ff. Binding Over Witnesses, 610. gg. Arrest of Accused, 610. hh. Disposition of Body, 611. ii. Disposition of Property Found upon Body, 611. (e) Expenses of Inquest, 612. (f) Record of Inquest as Evidence, 612. 2. As a Ministerial Officer, 612. VII. PRIVILEGES AND LIABILITIES, 614. 1. As a Judicial Officer, 614. 2. As a Ministerial Officer, 615. VIII. TERM OF OFFICE, 616. IX. REMUNERATION, 616. X. REMOVAL, 617. 1. Manner of Removal, 617. CROSS-REFERENCES. For matters of PROCEDURE, see the title CORONER'S INQUESTS, 5 ENCYCLOPÆDIA OF PLEADING AND PRACTICE, p. 38. For other matters of SUBSTANTIVE LAW and EVIDENCE related to this subject, see the titles DEAD BODIES; PHYSICIANS AND SURGEONS; PUBLIC OFFICERS; SHERIFFS, CONSTABLES, AND MARSHALS. I. DEFINITION. A Coroner is a county or municipal officer, whose principal function in modern times is to hold inquests upon the bodies of persons who may be supposed to have died violent deaths. 1 1. Century Dict; Bouv. L. Dict. 44 In the case of In re Ward, 30 L. J. Ch. 775, Lord Campbell said: This [the office of coro ner] is a very ancient and important office in the realm of England. The coroner next to the sheriff is the most important civil officer History of the Office. The office of coroner is of great antiquity. Whether or not coroners were known in Saxon times, the historical development of the office may be traced back to a period not much subsequent to the Norman Conquest of England. In these early days the coroner had a variety of duties, and was a much more important functionary than his modern representative. His duties appear to have extended to hearing appeals of felony, taking the appeals of approvals, and the confessions and adjurations of felons who had fled to sanctuary, keeping a record of outlawries, and inquiring for and securing to the king treasure-trove, wrecks, deodands, and the forfeited chattels of felons.2 II. DIFFERENT KINDS OF CORONERS. Coroners in England have been divided into four classes official coroners, franchise coroners, coroners by election for boroughs, and coroners by election for counties.3 Official Coroners. The Lord Chief Justice of England is ex officio supreme coroner over all England, and the judges of the High Court of Justice are ex officio sovereign coroners.4 Franchise Coroners exist where by grant to particular persons or corporations they have the power to make or be coroners within their franchises.5 Borough Coroners are coroners chosen for boroughs having a separate court of quarter sessions under the provisions of the Municipal Corporations Act and subsequent legislation." County Coroners. The statute of Westminster 1, c. 10 (3 Edw. I.), enacts "that through all shires sufficient men shall be chosen to be coroners.' The number was not defined, but varied by usage, there being in some shires six and in some four, in some two and in some only one. Coroners under this in the county, and he performs the duty of the sheriff when the sheriff is disabled from doing so; and there are peculiar duties ascribed to him, more particularly to inquire into the manner in which persons have come to their deaths where there is any reason to suppose they may not have been by natural means; and on that inquiry, a jury being sworn, the jury have all the rights of a grand jury to find a verdict of murder, and on that finding the party accused may be tried, and may be sentenced to death." The Word "Coroner." In early times the coroner was called custos placitorum coronæ, as being charged with the duty of keeping a record of all matters in the county in any way concerning criminal justice. I Pollock and Maitland History of Eng. Law 520. The name, which is clearly derived from corona, answers exactly to the Scotch and provincial "crowner," and may refer to the office as concerned principally with pleas of the crown and the preservation of the peace, 2 Hawk. P. C., c. 9, 1; Crabb's History of Eng. Law, (Ist Am. ed.), p. 149; 1 Bl. Com. 346; or as having charge of the preservation of the interests of the crown in regard to forfeitures, treasuretrove, and the like. 1. It is stated in Nathaniel Bacon's Discourse on the Laws and Government of England, that coroners are mentioned in the reign of King Alfred (Bacon on Gov. 66; 6 Vin. Abr. 242); and the statement is adopted in Jervis on Coroners, but later authorities are inclined to the view that the office was not regularly instituted until the latter half of the twelfth century. I Pollock and Maitland History of Eng. Law 519; Gross, Introduction to Select Coroners' Rolls; Crabb's History of Eng. Law (Ist Am. ed.) 149. 2. See 2 Bacon's Abr. 432; 6 Vin. Abr. 243; Gross, Introduction to Select Coroners' Rolls; I Bl. Com. 248; 2 Kent Com. 248; Crabb's History of Eng. Law (1st Am. ed.) 150. See also infra, this title, Powers and Duties — As a Judicial Officer — Generally. By chapter 17 of Magna Charta, coroners were forbidden to hear pleas of the crown. 3. Steven's Dig. Criminal Procedure, art. 44: Coroners' Act 1887 (50 & 51 Vict., c. 71). By the old authorities coroners are divided into three classes: first, virtute officii (official coroners); second, virtute carta sive commissionis (franchise coroners); third, virtute electionis (elective coroners), including until modern times only county coroners. 2 Bacon's Abr. 424; 2 Hale Pl. C. 53. 4. Steven's Dig. Cr. Proc., art. 45; Jervis on Coroners 2, 49; 2 Hale P. C. 53; Coroners' Act 1887; 4 Inst. 73; Berkley's Case, 2 Sid. 90, 101, 144; 6 Vin. Abr. 251. 5. Franchise Coroners. - 2 Bacon's Abr. 424. See Dearing's Case, Cro. Eliz. 193. Thus the Mayor of London is by charter coroner of London. The Bishop of Ely has by charter power to make coroners within the Isle of Ely. Similar powers are vested in the Dean and Chapter of Westminster, and in other bodies. 2 Bacon's Abr. 424; 2 Hale P. C. 53; Steven's Dig. Cr. Proc., § 46. By the provisions of the English Coroners' Act 1887 (50 & 51 Vict., c. 71), franchise coroners are so defined as to include all coroners except county, borough, and official coroners. 6. Borough Coroners. 5 & 6 Wm. IV., c. 76; Municipal Corporations Act 1882, 171; Coroners' Act 1887, § 33; Reg. v. Grimshaw, 10 Q. B. 747, 59 E. C. L. 747. 7. 2 Inst. 175: F. N. B. 163; Jervis on Coroners 6; 2 Hale's P C. 56; Stat. 28 Edw. III., c. 6. |