A Dictionary of Law

See Department; President. CABIjI!. See Commerce; Telegraph. The act of Congress approved February 39, 1888 (25 St. L. 41), entitled an act to carry into effect the International C

See Graduate. Naval cadets, by settled usage which has the force of law, are appointed by certificates under the hand and seal of the secretary of war. They are inferior officers w

See Qu^stio, Cadit. C-^TEE.A. See Administer, 4; Et, Etc.

See Table, 4. CARN"AL. See Knowledge, 3.

1. The division of time into years, months, weeks, and days, and a register of them. The pontifex maximus on the first of every month proclaimed — Lat. catare — the month, with its

1, V, (1) To require a prisoner to present himself and answer the indictment, in the immediate presence of the court, is to call him to or before the bar.* See Arraign. (3) To admi

See Actio, Personalis, etc.

See Woeship. The Massachusetts statute of 18S7, c. 57, which prohibits a person, during the time a camp or field meeting is being held for religious purposes, and within one mile o

Law J. 'Hall V. Armstrong, 53 Conn. 566 (1885), cases, Loomis, J. «Eowe Il V. Doggett, 143 Mass. 487 (1887); Washb. Sase. 254 282. » Whaley v. Jarrett, 69 Wis. 615 (1887), cases; W

Applied to an artificial passage for water, includes the banks, and refers to the excavation or channel as a receptacle for the water.'' As used in an Internal Improvement Act, a n

One who seeks or aspires to some office or privilege, or who offers himself for the same. In a constitutional provision that any person who, while a candidate for office, shall be

See Case, 4. CAJSrON.4 A rule; a law. Canon law. Ecclesiastical law. In particular, a body of ecclesiastical laws relative to matters over which the church of Rome had or claims to

Ab Uity to take, do, act: competency, qualification, fitness, power. See Capax. 1. Power or fitness to perform a particular legal act; mental qualification: as, capacity to enter i

Receiving or containing: able, fit for; having capacity, q. v. Capax doli. Competent to intend wrong, to commit a crime. Doli incapax: incapable of committing crime. See further Do

To take, seize; to arrest. Capias. That you take. A common-law writ commanding the sherifE to take a defendant into custody. Named from the emphatic word in the writ when expressed

See Capehe, Capias.

See Caput, Capita. CAPITAIi.i 1, adj. For which death is the penalty: as, a capital ofl Eense. Probably from "decapitation," once a common mode of executing, the sentence of death.

See Tax, 2. CAPTION". 1. A taking, a seizure, q. v.; an arrest; a capture, q. v. See also Capeeb. Kecaption. When any one deprives another of his personal property, or wrongfully d

A taking, seizure. See Capere. In the law of marine insurance, any unlawful taking by force, including a piratical taking as well as such as is made jure belli.^ Synonymous with pr

A head, the head; an individual. Aestimatio capitis. The value of a head: the worth of a life. In Saxon law, a prescribed sum to be paid for an unlawful taking of another man's lif

See Game, 3. '

Attention, caution, circumspection, vigilance, diligence. Due care. In cases where the gist of the action is negligence, implies not only that a party has not been negligent or car

Goods on board of a vessel." All the merchandise and effects laden on board a ship, exclusive of persons, rigging, ammunition, provisions, guns, etc. What is laden on board as merc

See Conteactor; Manufacturer.

1. The act of carrying: transportation, conveyance; also, "that which carries or conveys. To the ordinary mind, does not convey the idea of a railroad or street railway car, nor of

1. In the law of larceny, "carry" is not the same as "carry away." "Did, take and carry away" is the translation of " cepit et asportavit," used in indictments when processes and r

See Wagon.

See Chaeta.

1. That which happens or comes about; an occurrence; a circumstance to which something applies. Compare CASUS. In the Eevised Statutes, § 5392, limiting perjury to oaths in a case

In all sales for cash the money must be paid when the property is delivered. A sale for cash is a sale for the money in hand. But when a factor is directed to sell grain for cash,

An officer or agent whose business is mainly to take care of the money of ail institution, of a private person, or of a firm. The cashier of a bank is the executive of Bcer through

To transfer, invest with, place upon; as, in saying that the law casts the legal ownership of the property of an intestate upon the administrator, ^ or casts the estate upon the he

See Scold.

See House, 1; Manor.

* That which happens by accident or is brought about by an unknown cause. Compare Regular. Casual ejector. A nominal defendant in the action of ejectment at common law. By a fictio

A thing that happens: an occurrence; a combination of circumstances; an event; a case, 5. v. Casus foederis. The case of the treaty: the case contemplated in a compact or contract.

See Copyright. CATCHITfG. See Bargain.

Formerly, an officer, as a deputy-sheriff or a constable, who made an-ests. He was supposed to catch the prisoner by the poll — the head, or neck. The term now expresses contempt o

Radcliff, 10 Wend. »639 (1833),— town of Guilderland, Albany county. See also Western University of Pennsylvania v. Robinson et al., 12 S. & R. *S9 (1824), and Carr v. Wallace, 7 W

s 1. To dra-w lines over the face of an instrument, in the forms of latticework. 3. To oblitei-ate, deface, efface, expunge; to do away with, set aside, strike out of existence. 3.

'' Domestic animals generally; ai^imals useful for food or labor. " Sheep, oxen, swine, and horses, which we in general call cattle, may be estrays." ^ Not only domesticated horned

See Bribery.

That which operates to produce an effect; that on account of which a thing is done; that which supplies a motive, or constitutes a reason. Causa causans. The originating, efficient

Caution; providence; care; heed. Ad majorem cautelam. For the sake of the greater caution. Ex abundant! eautela. Out of extreme caution. Ex majors cautela. By way of greater vigila

Attention to the effect of a thing about to be done; regard to contingencies; forethought; care. See Cautela. i Merchants' Nat. Bank v. Cook, 95 U. S. 346 (1877), cases. Hunt, J.;

Let liim take heed; let him beware. A formal notice or warning to an officer or a court not to do a specified act; as, not to probate a will, grant letters of administration, issue

A crime, a fault; literally, a judicial decision, or that which is subjected to a judicial decision; an accusation of wrong. ' 1 Greenl. Ev. § 4S1. 2 Emery's Case, 107 Mass. 180 (1

To be certified. A writ by which the record of a proceeding in a lower court is removed into a higher court for review. The emphatic word in the Latin writ, which read: quia certis

See Cession.

A rating, numbering, valuing, assessing. " Representatives and direct Taxes shall be apportioned among the several States. according to their respective numbers.. The actual Enumer

See Filum; Road, 1; Street. CEPI; CEPIT. See Capebb, Cepi, Cepit.

Known, established, definite: as, a certain date, a certain instrument. See Certum; Custom; Debt. Since " uncertain " may include any doubt, whether reasonable or unreasonable, a j

5 A writing giving assurance that a thing has or has not been done, that an act has or has not been performed, that a fact exists or does not exist. To " certify " is to testify to

Perceived, determined: definite, known, certain. Certum est quod certum reddi potest. That is certain which can be made certain — or reduced to a certainty. When the law requires c

See Ratio, Cessante, etc.

A ceasing; formerly, neglect llpf duty. Also, a yielding up, a cession, q. v.: as, thfe cesser of an interest conferred by a wijl.s

A giving up; surrender. See, Cession. Cessio taonorum. A surrender of goods. In civil law, an assignment for the benefit of creditors. Discharged the debtor to the extent of the pr

A yielding up; transfer. See Cessio. Cede: to give up, yield up.'' Compare Abandon, 1. Concession. A grant, as of lands, between sovereignties. Recession. A reconveyance by a sover

He; that one; the one. Also spelled cesiuj/. See Addenda^- // ^ Pronounced cgst-we. A law- Erench term,' corresponding to the classic French c' est lui {ce Xu€): it is for him that

pages 162, 1057. Neither the origin nor the pronunciation of this term is given in the law dictionai'ies or glossaries, and in but two of the popular dictionaries (both of them Eng

s 1. To close, end, terminate; to finish, complete. Conclusion. (1) An ending or closing, as of an instrument or a pleading. See Declaration, 3; Indictment; Plea, 3. (3) The last a

See Desceiptio, Persoiise.

' 1. A request to fight — to fight a duel. Whether made by word or letter, is indictable at common law. Tends to a breach of the peace. He who knowingly carries «■ challenge for, a

A room in a house, used for purposes of a dwelling, of an office, or of a court. See House, 1; Stak-Chambeb; Survey, Of land. Chambers. In London, the offices of barristers. Chambe

3 A bargain with a plaintiff or defendant, eampum partire, to divide the land or other matter sued for between them, if they prevail: whereupon the champertor is to carry on the pa

Y.2 1. In England, the highest court next to parliament. Originally consisted of two distinct tribunals: an ordinary court, or court of common law; and an extraordinary court, or c

" 1. In England, sevei-al officers bear this name. Chancellor of the exchequer. A high officer of the crown, who sometimes sat in court, sometimes in the exchequer chamber, and, wi

See Alter; Fundamental; Paety, 2; Venue. 'CHANGE. See Exchange, 3.

The main channel is that bed of a river over which the principal body of water flows.i See Aqua, Currit, etc.; Navigable.

See Statute, 2.

As used in the copyright law, does not include sheets of paper exhibiting tabulated or methodically arranged information. In the Copyright Act of 1790, where the word was first use

Paper; a writing; a charter. See Magna Chaeta; Officina; Chaktarum.

1. A deed is sometimes called a charter from its materials.* See Charta. Charter-land. Land held by deed under certain rents and free services; book-land. Opposed, folk-land; which

See Game, 1.

Actually pure as to conduct and principle; virtuous. ^^^^^^ Chaste character. Personal^^^^e; moral purity. ^^^^, Refers not to reputafcon but to moral qualities — to what a person

Things personal include not only things movable, but something more: the whole of which is comprehended under the general name of "chattels," which Coke says is a French word signi

Cant. T., 1. 101 (1300). In records of London for 1396 " serving man " is said to be " called yoman." " Youngman " is used for "yeoman " in 33 Hen. VTTT (1?42). 4. Greek, gg, earth

See Medley.

* Cheats which are punishable at common law may be described to be deceitful practices in defrauding or endeavoring to defraud another of his known rights by means of some artful d

' An order on a bank to pay the holder a sum of money at the bank, on presentment of the order and demand of the money.* A draft or order upon a bank or banking house, purporting t

See Oleomaegahine; Police. 3.

See Coroner; Expert; Process, 2.

Leg. Adv. » Davison v. People, 90 111. 229 (1878). S3 Bl. Com. 11. See particularly Semayne's Case, BBep. 91 (1605): 1 Sm. L. O. (H. & W.) 228; Curtis v. Hubbard, 4 Hill, 437 (1842

Adv. at this stage is a " preliminary peace " in contrast with the "definitive peace."^^ Articles of peace. The preliminary articles between Great Britain and the American Colonies

See ANIMAL: Damage-feasant; Cruelty, 3; Nuisance; Trespass; Worry.

'^ The head: principal; leading; above, higher, or preceding another or others. Compare Primary. Chief Executive. The President of the IJnited States. See President. Chief justice.

A temple or building consecrated to the honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious

1. An infant — in the popular senses. See Abandon, 2 (S); Abortion; Curtesy; Venter. 3. One of tender years; a young person; a youth. See Crue Lty, 3; Infant; Servi^

One who believes or assents to the doctrines of Christianity, as taught by Jesus Christ in the New Testament, or who, being born of Christian parents or in a Christian country, doe

6 A thing recoverable by an action at law: a thing, personalty. Chose in action. A thing of which one has the right, but not the possession.' Chose in possession. Personalty in pos

Ct. Cook Co., 111. See also State v. Addy, enable them to move in arrest of judgment any matter sufficient to stay sentence. See further CoNViCTioN; Eebob, 2 (3); Judomknt; Pardon;

A division of country visited by a judge for the dispensing of justice, as for the trial of causes; also, the periodical journey itself. The judges ot assize and of nisi prius are

A round-about course: indirect action, or procedure. Circuity of action. An indirect or roundabout mode of suing: where a party by an indirect proceeding makes two or more acr tion

1, adj. Going around or about, from beginning to end: as, circular mileage, q. v. 2. n. In the post-o£Bce laws, a printed letter, which, according to internal evidence, is being se

Whatever passes from person to person, as, money, currency; also, the fact and the extent of a thing's being circulated. Certificates of indebtedness issued by a person or a corpor

1. Surroundings: the particulars which accompany an act or fact; res gestcB, q. v. Reference to ' ' surrounding circumstances ' ' is made to ascertain the precise nature of a subje

To call, command, summon. 1. To notify a party of a proceeding against.him. / 3. To refer to or quote in support of a proposition; as, to cite a case or authority. Citation. 1. Ori

6 1. An incorporated town or borough, which, in England, is or has 1 Barbier v. Connolly, 113 U. S. 31-32 (1885), Field, J. See also Pace v. Alabama, 106 id. 584 (1882); Railroad T

Pertaining to the citizen (Lat. civis) — the free inhabitant of an independent city, in distinction from the government, the soldier, the peasant, the ecclesiastic, and persons of

2 A challenge by a man of the propriety [property] or ownership of a thing which he has not in possession, but which is wrongfully detained from him.' In a juridical sense, a deman