A Dictionary of Law

In Hindu law. Head of afased by Europeans tn Bengal to denote the Hindu writer and accountant employed by themselves, or in the public offices. Wharton.

A division of the country, appointed for a particular judge to visit for the trial of causes or for the administration of justice. Bouvier. Circuits, as the term is used in England

The name of a system of courts of the United States, invested with general original jurisdiction of such matters and causes as are of Federal cognizance, except the matters special

A system of courts of the United States (one in each circuit) created by act of congress of March 3, 1891, composed of the circuit justice, the circuit judge, and an additional cir

In Engtish practice. A paper containing a statement of the time and place at which the several assises will be held, and other statistical information connected with the assises. H

This occurs where a litigant, by a complex, indirect, or roundabout course of legal proceeding, makes two or more actions necessary, in order to effect that adjustment of rights be

Similar instruinents to “letters of credit.” They are drawn by resident bankers upon their foreign correspondents, in favor of persons traveling abroad. ‘The correspondents must be

Thisterm is more comprehensive than the term “mon. ey,” as it is the medium of exchanges, or purchases and sales, whether it be gold or silver coin or any other article.

‘In Scotechlaw. A closing of the period for lodging papers, or doing any other act required in a cause. Paters. Comp.

In Scotch practice. The sentence of a judge, declaring the time elapsed within which a proof ought to have been led, and precluding the party from bringing forward any further evid

The title of a statute passed 18 Edw. I., A. D. 1285, anu so called from the initial words of it, the object of which was to ascertain the bonndaries of ecclesiastical jurisdiction

A principal fact or cvont being the object of investigation, the circumstances are the related or accessory facts or occurrences whieh attend upon it, which closely precede or foll

Evidence directed to the attending circumstances; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, — wh

TALES DE. See TALES.

In Scotch law. Any act of fraud whereby a person is reduced toa deed by decreet. It has the same sense in the civillaw. Dig. 50, 17, 49, 155.

In old English law. Any violation of the privileges of « church.

In old English law. Church-seot, or shot; an ecclesiastical due, payable on the day of St. Martin, consisting chiefly of corn.

A ceorl, (gq. 0.)

A box or chest for the deposit of charters, deeds, and things of value.

In Spanish law. Citation; summons; an order of a court requiring a person against whom a suit has been brought to appear and defend within a given time. CITATIO AD REASSUMENDAM

In practice. A writ issued out of a court of competent jurisdiclion, commanding 2 person therein named to appear on a day named and do something therein mentioned, or show cause wh

The reading of, or reference to, lega] anthorities and precedents, (such as constibulions, statutes, reported cases, and elementary treatises,) in arguments to courts, or in legal

The status of being & citizen, (q. v.)

In England. An incorporated town or borough which is or has been the see of a bishop. Co. Litt. 108; 1 Bl. Comm. 114; Cowell. A large town incorporated with certain privileges. The

A court having a loeal jurisiiction within the city of London. It is to all intents and purposes a county court, having the same jurisdiction and procedure.

In its original sense, this word means pertaining or appropriate to a member of a civitas or free political community; natural or proper to a citizen. Also, relating to the communi

In the civil law. A personal action which is instituted to com- CIVIL ACTION Atcommon law. Asdistinguishedfrom aeriminal action, it is one which seeks the establishment, recovery,

A tribunal in freland with a jurisdiction analogous to that of the county courts in England. The judge of it is also chairman of quarter sessions, {where the jurisdiction is more e

Aninsurrection of the people for general purposes, though it may not amount to rebellion where there is ausurped power. 2 Marsh. Ins. 793.

Acts passed in many of the United States which provide an action for damages ayainsta vendor of intoxicating liquors, (and, in some cases, against his lessor,) on behalf of the wif

That cinge in a person’s legal and civil condition which deprives him of civic rights and juridical capacities and qualifications, as natural death extinguishes his natural conditi

One who is skilled or versed in the civil law. A doctor, professor, or student of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy o

Injuries to person or’ property, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action.

Civil, as distinguished from criminal. Civilis actio, acivilaction, Bract. fol. 1018.

In old English law. A civil lawyer, or civilian. Dyer, 267.

Civilly. In a person's civil character or position, or by civil (not eriminal) process or procedure. This term is used in distinction or opposition to the word “criminaliter,”—crim

Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and ca. pacities, and is accounted dead in law.

In practice. A law; an act of justice, or judgment which renders a criminal process civil; performed by turning an information into an inquest, or the contrary. Wharton. In public

The "Roman Law" and the "Civil Law" are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated the "Roman Civil Law." The word "civil," as

The liberty of a member of society, being a man’s natural liberty, so far restrained by human laws (and no further) as is necessary und expedient for the general advantage of the p

An obligation binding in law, and enforceable in a court of justice. Poth. Obl. 173, 191.

Any officer of the United States who holds his appointment under the nalional government, whether his duties are executive or judicial, in the highest or the lowest departments of

The remedy afforded by law to a private person in the civil courts in so far as his private and individual rights have been injured by a delict or crime; as distinguished from the

The liability to be called upon to respond to an action at law for an injury caused by a delict or crime, a3 Opposed to criminal responsibility, or liability to be proceeded agains

Rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. Also a term applied to certai

This term properly confined to functions in the great admints trative departments of state. Wharton.

When the same court has jurisdiction of both civil and criminal matters, proceedings of the first class are often said to be on the civil side; those of the sec ond, on the crimina

An internecine war. A war carried on between opposing masses of citizens of the same country or nation. Before the declaration of independence, the war between Great Britain and th

Lat. In the Roman law. Any body of people living under the same laws; a state. Jus civitatis, the law of a state; civillaw. Inst. 1,2, 1,2. Céritates federate, towns in alliance wi

e To demand as one’s own; to assert a personal] right to any property or any right; to demand the possession or enjoyment of something rightfully one’s own, and wrongfully withheld

n. 1. Achallenge of the property or ownership of a thing which is wrongfully withheld from the possession of the ¢laimant. Plowd, 3859. A claim is a right or title, actual or suppo

In English practice. In simple cases, where there was not any great conflict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was neverthel

In practice. An intervention by a third person in a suit, claiming that he has rigltful jarisdiction of the cause which the plaintiff has commenced out of the claimant’s court. Now

In the civil law. Covertly; seerelly. Clam delinquentes magis puniuntur quam palam. 8Coke,127. Those sinning secretly are punished more severely than those sinning openly.

VI, AUT PRECARIO. A technical phrase of the Roman law, meaning by foree, stealth, or importunity. CLAMEA ADMITTENDA IN ITIN-

In old English law. A elaim or complaint; an outcry; clamor. In the civillaw. A cluimant. A debt; anything claimed from another. A proclamation; an accusation. Du Cange.

(It clearly appears.) Inseotch law. The name of a precept for giving seisin of Jands to an heir; so called from its initial words. Evak. Inst. 3, 8, 71.

In old Scotch law. The warranty of stolen catile or goods; the law regulating such warranty. Skene.

CONSTITUTIONS OF. The constitutions of Clarendon were certain statutes made in the reign of Henry If. of England, at a parliament held at Clarendon, (A, D. 1164,) by which the king

Lat. In old Scotch law, A making clear; the purging or clearing (clenging) of an assise. Skene.

The order or rank according to which persons or things are arranged or assorted. Also a group of persons or things, taken collectively, having certain qualities in common, and cons

A seaman or soldier serving at sea.

In the Roman law. Persons employed in servile duties on board of vessels. Cod. 11, 12.

In the practice of the English chancery division, where there are several partics to an administration action, including those who have been served with notice of the decree or jud

A single paragraph or subdivision of a legal document, such as a contract, deed, will, constitution, or statute. Sometimes a sentence or part of a sentence.

In Scotch law. By this clause, in a deed or settlement, the acts or deeds of a tenant for life or other proprietor, contrary to the conditions of his tight, become nn\l and void; a

In French law. The name given to theclause whereby one party to a contract reserves to himsclf the right to annul it.

In English Law. Rolls which contain ail such matters of reeord as were committed to close writs; these rolls are preserved in the Tower.

A clause; a sentence or part of a sentence in a written instrument or law. Ciausula generalis de residuo non ea complectitur quz non ejusdem sint generis cum iis que speciatim dict

Close, closed up, sealed. Inclosed, as a parcel of land.

Lat. (He broke the close.) In pleading and practice. Technical words formerly used in certain actions of trespass, and still retained in the phrase guare clausum fregit, (gq. v.)

In English law. The morrow of the ztas, or eight days of Easter; the end of Easter; the Sunday after Kaster-day. 2 Inst. 157.

In old English law. An inclosure. Clausura heye, the inclosure of a hedge. Cowell.

The Keys of the court. They were the officers of the Scotch courts, such as clerk, doomster, and serjeant. Burrill. CLAVES INSUL#. In Manx law. The keys of the Island of Man, or tw

A treasurer of a church.

Inold English law. <A club or mace; tenure per serjeantiam clavie, by the serjeanty of the club ormace. Cowell.

<A close, or small inclosure, Cowell,

It is a rule of equity that a plaintiff must come with “clean hands,” i, e., he must be free from reproach in his conduct. But there is this limitation to the rule: that his conduc

In a devise of money for the purchase of an annuity, this term means free from taxes, 2 Atk. 376. In the phrase “clear yearly value,” clear means free from all outgoings like a ren

In maritime law. A document in the nature of a certificate given plied with the law, and is duly authorized to depart,

Ifa certain number of elear days be given for the doing of any act, the time is to be reckoned exclusively, as well of the first day as the last.

The departure of a vessel from port, after complying with the customs and health laws and like local regulations. In mercantile law. A method of making exchanges and settling balan

An _ institution organized by the banks of a city, where their messengers may meet daily, adjust balances of accounts, and receive and pay differences.

In old Scotch practice, A solemn form of words prescribed by law, and used in criminal eases, as in pleas of wrong and unlaw.

In canon law. Tie collection of decretals or constitutions of Pope Clement V., made by order of John XXII, his successor, who published it in 1517.

Aninn of chancery. See INNS OF CHANCERY.

In old Scotch law. To clear or acquit of a criminal charge. Literally, to cleanse or clean.

The whole body of clergymen or ininisters of religion. Also an abbreviation for “benefit of clergy.”

In old English law. Admitting of clergy, or benefit of clergy. A clergyable felony was one of that class in which clergy was allowable. 4 Bl. Comm. 3¢1-373.

Pertaining to clergymen; or pe: taining to the office or labor of a clerk.

In old English law. The clerical privilege; the privilege or benefit of clergy.

A mistake in writing or copying; the mistake of a clerk or writer. 1 Ld. Raym. 183.

The having the head shaven, which was formerly peciiliar to clerks, or persons in orders, and which the coits worn by serjeants at law are sup- ) posed to have been intrcduced to c

Clerks of the chancery. Clerici non ponentur in o Mficiis. Co. Litt. 96. Ciergymen should not be placed in

The six elerksinchancery. 2 Reeve, Eng. Law, 251.

Ses AD-

In Roman law. A minister of religion in the Christian church; an ecclesiastic or priest. Cod. 1, 3; Nov. 3, 123, 137. A general term, including bishops, priests, deacons, and other

In old English law. Clerk of the market. 2 Inst. 543, Clericus non connumeretur in dua. busecclesiis. 1 Rolle. A clergyman should not be appointed to two churcises.

In old Englishlaw. <A parish clerk.

In Spanish law. Clergy;