A Dictionary of Law

In the civil and old Engiish law. To he engaged in a suit; to litigate; to conduct a cause.

In the civil law. The fecessions, appurtenances, or fruits of a thing; comprehending ali that the claimant of # principal thing can demand from a defendant in addition thereto, and

A necessary or inevitable cause; a cause without which the effect in question could net have happened.

In old Buropean law. One who manages or Ltigates another's cause, Spelman.

That which produces an effect; whatever moves, impels, or leads. The origin or foundation of a thing, as ofa suit or action; a ground of action. 1N. Y,. 47. The consideration of 4

Books kept in thecentral office of the English supreme court, in which are entered all writs of summons issued in the office. HRules of Court, v 8.

Matter for which an action may be brought. The ground on which an action may be sustained. The right to bring a suil. Cause of action is properly the ground oa which an action can

Celebrated cases. A work containing reports of the decisions of interest and importance in French courts in the seventeenth and eighteenth centiries. Secondarily a single trial or

In the civil law. A pleader; one who argued a cause ove tenus.

Lat. Care; caution; vigilance; prevision.

In the civiland French law. Security given for the performance of any thing; bail; a bond or undertaking by way of surety. Also the person who becomes a surety. In Scotch law. A pl

Security by means of bonds or pledges entered into by third parties. Du Cange.

In Scotch law, and in admiralty law. Surety; security; bail; an undertaking by way of surety. 6 Mod. 162, See CAUTIO.

In Scotch law. An instrument in which a person binds himself as surely fer another.

In English ecclesiastical law. <A writ that lies against a bishop who holds an excommunicated person in prison for contempt, notwithstanding he offers sufficient caution or securit

In Scotchlaw. A surety; a bondsman. One who binds himself in a bond with the principal for greater security. He is still a cautioner whether the bond be to pay a debt, or whether h

In Scotch law. Security given by oath. That which @ suspender swears is the best he can afford in order toobtainasuspension. Ersk, Pract. 4, 3, 6.

In French law. The same as becoming surety in English law.

In Scotch law. ship.

Security given by pledge, or deposit, as plate, money, or other goods.

Security for costs, charges, or expenses.

Security, which tenants for life give, to preserve the property rented free from waste and injury. Ersk. Inst. 2, 9, 59.

Lat. Let him beware. A formal notice or warning given by a party interested to a court, judge, or ministerial officer against the performance of certain acts within his power and j

Let the doer, or actor, beware,

Let the buyertake care. This maxim summarizes the rule that the purchaser of an article must examine, judge, and test it for himself, being bound to discover any obvious defects or

One who files a caveat. Cavendum est a fragmentis. Beware of fragments. Lac. Aph. 26.

In Roman lew. A maxim, or rule, casting the responsibility for defects or deficiencies upon the seller of goods, and expressing the exact opposite of the common law rule of caveat

Let the traveler beware. This phrase has been used asa concise expression of the duty of « traveler on the highway to use due care to detect and avoid defects in the way. 10 Exch.

Inthecivil and common law. To take care; to exercise caution; to take care or provide for; to provide by law; to provide against; to forbid by law; to give security; to give cautio

In English ecclesiastical law. An ecclesiastical benefice, attaching to the office of canon. Holtiouse.

In old English law. A quay, kay, key, or wharf. Cowell.

In old English law. Cayage or kayage; a toll or duty anciently paid for landing goods at a quay or wharf. Cowell.

Half an acre, or, as 30me say, half a perch, of land. Spelman.

A bargain; anything for sale; a chattel; also cattle, as being the usual medium of barter. Sometimes used instead of ceapgild, (gq. 2.)

Payment or forfeiture of an animal. An ancient species of forfeiture.

To yield up; to assign; to grant, Generally used to designate the transfer of E territory from one government to another.

In Scotchlaw. Anassignor. One who transfers a chose in action..

I grant. The word ordinarily F used in Mexican conveyances to pass title to lands. 26 Cal. 88, 108.

In old English law. A iN schedule. In Spanish law. An act under private signature, by which a debtor admits the amount of the debt, and binds himself to discharge the same on a spe

In French law. The technical name of an act under private signature. 3 La. Ann. 458. J

In medical jurisprudence. Concealinent of pregnancy or delivery.

In old English law, a chaldron. Inold Scotch law, a measure of grain, otherwise called a ‘chalder.” See 1 Kames, iA Eq. 215.

The formal act by which a man and woman take each other for husband and wife, accord- L ing to law; the solemnization of a marriage. The term is usually applied toa marriage ceremo

A butler in a monastery; sometimes in universities called “manciple” or “caterer.”

Small pieces of wood laid in the form of tiles to caver the roof of a house; shingles. Cowell.

In Saxon law. An expiatory mulct or fine paid to the relations of a murdered person by the murderer or his relations, Spelman. CENELLA In old records. Acorns,

Anotice given bya buyer toa seller that the things which had been sold were claimed by another, in order that he might appear and justify the sale. Blount; Whishaw.

In French Canadian law. An annual tribute or due reserved to a seignior or lord, and imposed merely in recognition of his superiority, Guyot, Inst. c. 9.

Inold English law. Farmers, or such persons as were liable to pay a census, (tax.) Blount; Cowell.

In the Roman law. To ordain; to decree. Dien50; 16,111.

Im Spanish and Mexican law. An annuity. A ground rent. The right which a person acquires to receive a certain annual pension, for the delivery which he makes to another of a determ

In Spanish = and Mexican law. <A ecenyo (gq. v.) is called “consignativo” when he who receives the money assigns for the payment of the pension (annuity) the estate the fee in whic

In Spanish and Mexican law. An emphyteutic annuity. That species of censo (annuity) which exists where there is a right to require of another a certain canon or pension annually, o

In old European law. A species of ob/ati or voluntary slaves of churches or monasteries; those who, to procure the protection of the church, bound theiselves to pay an annual tax o

In Roman law. They have decreed. The term of art, or technical term for the judgment, resolution, or decree of the senate. Tay]. Civil Law, 566.

In ecclesiastical law. A spiritual punishment, consisting in withdrawing from a baptized person (whether belonging to the elergy or the laity) a privilege which the church gives hi

‘The official counting or enumeration of the people of a state or nation, with statistics of wealth, commerce, education, ete. In Roman law. A numbering or enroll in old European l

In English law. The annual revenue or income of the crown.

Abhundred. A district or givision containing originally a hundred freemen established among the Goths, Germans, Franks, and Lombards, for military and civil purposes, and answering

The prineipal inhabitants of acentena, or district composed of different villages, originally in number a hundred, but afterwards only called by that name.

The name of a denomination of French money, being the one-hundredth part of a france.

An English court, having jurisdiction for the trial of crimes and mistiemeanors committed in London and certain adjoining parts of Kent, Essex, and Sussex, and of such other crimin

This word is used to express the system of government prevailing in a country where the management of local matters is in the hands of functionaries appointed by the ministers of s

One hundred. A body of one hundred men, The Komans were divided into cenitries, as the English were divided into hundreds. Also a cycle of one hunilred years.

In Anglo Saxonlaw. The freemen were divided into two classes, —thanes and ceorls. The thanes were the proprietors of the soil, which was entirely at their disposal. The eeorls were

Lat. I have taken. This word

I have taken the body. The return of a sheriff who has arrested a parson upon a capias, CEPI CORPUS ET PARATUM HA-

In eivil practice. He took. This was the characteristic word employed in (Latin) writs of trespass for goods taken, and in declarations in trespass and replevin. Repleyin in the ce

He tock and led away. ‘The emphatic words in writs in trespass or indictments for larceny, where the thing taken was a living chattel, ¢. e., an animal,

He took and carried away. Applicable in a declaration in trespass or an indictment for larceny where the defendant has carried away goods without right. 4 Bl. Comm. 231.

In pleading: A plea in replevin, by which the defendant alleges that he took the thing replevied in another place than that mentioned in the declaration. 1 Chit. Pl. 490.

Inold Englishlaw. The stumps or reots of trees which remain in the ground after the trees are felled. Fleta, lib. 2, e. 41, § 24.

Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by apartyinasuit. Reg. Orig. 182.

In old English law. A payment to provide candles in the church. Blount.

In old English law. Ale or beer.

In feudal and old English law. Such services as were stinted (limited or defined) in quantity, and couid nof be exeseded on any pretense; as to pay a stated annual rent, or to plow

In pleading. Distinct. ness; clearness of statement; particularity, Such precision and explicitness in the state ment of alleged facts that the pleader’s averments and contention m

In old English law. A certain thing, Fleta, lib. 2, ¢. 60, $§ 24, 25.

A written assurance, or official representation, that some act has or has not been done, or some event occurred, or some legal formality been complied with. Particularly, such writ

TRIAL BY. This is a mode of trial new little in use; it is reserted to in cases where the fact in issue fies out of the cognizance of the court, and the judges, in order to determi

In Engiish practice. <A certificate or memorandum drawn up and signed by the judge belore whom a case was tried, setting out certain facts the existence of which must be thus prove

In English practice. This is a document containing the opinion of the common-law judges on a question of law submitted to them for their decision by the clancery court.

In the practice of bankers, This is a writing acknowledging that the person named has deposited in the bank a specified sum of money, and that tle same is held subject to be drawn

A certificate of a corporation or joint-stock company that the person named is the owner of a designated number of shares of its stock;

In Scotch practice. This is the assurances given to a party of tha course to he followed in case he does not appear or obey the order of the court,

In English practice. A writ anciently granted for the re-examining or retrial of a matter passed by assise before justices, now entirely superseded by the remedy afforded by means

In French law. Certificates given by a foreign ‘ lawyer, establishing the law of the country to which he belongs upon one or more fixed points. These certificates can be produced b

In the practice of bankers, ‘This is a depositor’s check recognized and accepted by the proper olticer of the bank as a valid appropriation of the amount specified to the payee nam

BILL OP. In English chancery practice. An original bill praying reliof. It was filed for the purpose of removing a suit pending in some inferior court of equity into the court of c

In old English law. Head money or common fine. Money paid yearly by the residents of severul manors to the lords thereof, for the certain keeping of Certa debet esse intentio, et n

A mound, fence, or inclos- — ure,

In Saxonlaw. Tenants who were bound to supply drink for their ee lord’s table, Cowell.

Ale, or beer. Sometimes spelled “cerevisia.” ee

In old records. An ale-house keeper. A beer or ale brewer. Blo-nt.

Lat. A stag or deer.

In Spanish law. An assignee. White, New Recop. b. 3, tit. 10, c.1,§ 3.

o. Inold Englishlaw. To cease, stop, determine, fail.

n. An assessmentortax. In Ire- eee land, it was anciently applied to an exaction of victuals, at a certain rate, for soldiers in garrison. Cess& regnare, si non vis judicara. Cease

Lat. To cease, stop, or stay.

PROVISO FOR. Where terms for years are raised by settlement, it is usual to introduce a proviso that they shall cease when the trusts end. ‘This proviso generally expresses three e