A Dictionary of Law

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

See Convbyancb, 3, Fraudulent; Distress; Fraud.

Persons or things ranked together for like action, for similar or uniform treatment, as possessing a common attribute, or as being in the same category. Used of legatees, obligees,

A separate portion: a part of a written instrument. One of the subdivisions of a written or printed document. Clauses take their names from the nature of the provision intended to

See Hand, 4; Lading, Bill of.

Upright before the law; free from fault; in a position to ask the intervention of a court of equity. Hand down. To decide, declare, announce. Hand down an opinion. When a member of

A certificate from the collector of customs at a port that a vessel has complied with the customs and health laws, and has permission to sail.i

The object of a clearing-house association is to effect at one time and place the daily exchanges between the banks which are members of the association, and the payment of the bal

Persons in holy orders; ecclesiastics, as a class; also, benefit of clergy. Clergyable. Admitting or entitled to the benefit of clergy. Benefit of clergy. Exemption from capital pu

1. A member of the clergy. The clergy, as they engrossed almost every Other branch of learning, were remarkable for their study of the law. The judges were usually created out of t

s One who employs a lawyer professionally. Clientage. The patronage of clients; professional patronage. A client is one who applies to an advocate for counsel and defense; one who

See Vest. CLOTHniG. See Apparel; Exemption.

Common law procedure.

A kind of carriage, distinguished from other vehicles chiefly as being a covered box, hung on leathers, with four wheels. 3 See Railkoad; Wagon. COAIj. See Acqua, Currit, etc.; Min

By act of Confess of Februai-y 18, 1793, commercial intercourse carried on between different districts in different States, between different districts in the same State, and betwe

Collect (q. v.) on delivery. O. P. Common pleas (court). C. q. t. (or c. q. t). Cestui que trust, q. y. C. R. Chancery reports; curia regis, the king's court. 1 Hop Wns V. Mayor of

i A reduction and revision of the law and procedure of a political communitj', upon one or more general subjects, and the enactment of this new, systematized statement as one statu

There is no uniformity among our States as to the number, name, or organization of their courts. Each State has some tribunal of last resort, with numerous subordinate tribunals; b

3 A supplement to a will, or an addition made by the testator, annexed to, and to be taken as part of, a testament: being for its explanation, or alteration, or to make some additi

Having a body: material in nature; substantial; palpable. Incorporeal. Immaterial; intangible; insensible; existing in thought; ideal. In the Roman law, res corporales were objects

Compulsion: constraint; duress. Direct or positive coercion. "When a person by physical force is compelled to do an act against his will. Implied or legal coercion. When a person,

See Natus, Cognati. ■ COGNIZANCE.2 i. Recognition; ackno Tvledgment. When a defendant in replevin justifies a distress of goods in another's right as his bailift or servant, he is

1. The primary meaning is to dwell with some one, not merely to visit or to see that one. In criminal statutes, to live together as husband and wife. As, in the act of Congress of

A piece of metal stamped and made legally current as money.* "Coin " and ' ' coinage " apply to the stamping of metal in some way so as to give them currency.^ " The Congress shall

^ Forgiveness by a husband or a wife of a breach, in the other, of marital duty. The free, voluntary, and full forgiveness and remission of a matrimonial offense.'' Unless accompan

See Associate, Counsel, Judge.

To gather together: to bring into the custody of one person. 1. To gather the assets of a decedent's estate: as for one to collect the goods of the estate for safe-keeping, until a

^ 1. In the civil law, corporations were called collegia, from the idea of individuals being gathered together.^ Tres faciunt collegium: three form a corporation." 2. An organized