Black's Law Dictionary

In pleading. A technical phrase essential In an indictment to charge the defendant with the crime of rape.

In old English law. An immunity or privilege. Cowell.

In English law. A liconse by the lord mayor of London to keep a cart

Cloth made in the northern parts of England, of a coarse kind, mentioned in 7 Jac. I. c. 16. Jacob.

In Spanish law. A carriage-way; the right of a carriage-way. Las Partidas, pt 3, tit 31, 1. 3.

A vehicle used for the transportation of persons either for pleasure or business, and drawn by horses Or other draught animals over the ordinary streets and highways of the country

A ship of great burden.

One who undertakes to transport persons or property from place to place, by any means of conveyanco, and with or without compensation. —Common and private carriers. Carriers are ei

To bear, bear about, sustain, transport, remove or convey. —Carry away. In criminal law. The act of removal or asportation, by which the crime of larceny is completed, and which is

To wear, bear, or carry them upon the person or in the clothing or in a pocket, for the purpose of use, or for the purpose of being armed and ready for offensive or defensive actio

In criminal law. The act of removal or asportation, by which the crime of larceny is completed, and which is essential to constitute it. Co.m. v. Adams, 7 Gray (Mass.) 45; Com. v.

A verdict la said to carry costs when the party for whom the verdict is given becomes entitled to the payment of his costs as incident to such verdict,--Carry on business. To prose

To provide funds or credit for its payment for the period agreed upon from the date of purchase. Saltus v. Genin. 16 N. Y. Super. Ct. 280. And see Pickering v. Demerritt, 100 Mass.

A carriage for luggage or burden, with two wheels, as distinguished from a wagon, which has four wheels. The vehicle in which criminals are taken to execution. This word, in its or

In old English law. A charter or deed. Any written instrument. In Spanish law. A letter; a deed; a power of attorney. Las Partidas, pt. 3, tit 18, L 30.

In old English law. The charter of the forest. More com-monly called "Charta de Foresta," (q. v.)

Wood or timber which a tenant is allowed by law to take from an estote, for the purpose of repairing instruments, (including necessary vehicles,) of husbandry. 2 Bl. Comm. 35.

In French marine law. A chart.

A white sheet of paper; an instrument signed, but otherwise left blank. A sheet given to an agent, with the principal's signature appended, to be flli-ed up with any contract or en

An agreement between two hostile powers for the delivery of prisoners or deserters. Also a written challenge to fight a duel. —Cartel-ship. A vessel commissioned in time of war to

A vessel commissioned in time of war to exchange the prisoners of any two hostile powers; also to carry any particular proposal from one to another. For this reason, the officer wh

Carriers who transport goods and merchandise in carts, usually for short distances, for hire.

A place where papers or records are kept.

In old English law. A kind of tax or tribute anciently imposed upon every plow, (carue or plow-land,) for the public service. Speiman.

A plow.

A certain quantity of land used as the basis for taxation. As much land as may be tilled by a single plow in a year and a day. Also, a team of cattle or a cart-load.

One who held lands in carvage or plow-tenure. Cowell.

A carve of land; plow-land. Britt c. 84.

The name as carucage, (q. v.) Cowell.

In old English law. A caru-cate or plow-land.

In old English law. A house with land sufficient for the support of one family. Otherwise called "hida," a hide of land, and by Bede, "familia." Spelman.

A vassal or feudal tenant possessing a casata; that is, having a house, household, and property of his own.

1. A general term for an action, cause, suit or controversy, at law or in equity; a question contested before a court of justice; an aggregate of facts which furnishes occasion for

In English divorce and probate practice, when a party desires to make a motion, he must file, among other papers, a case for motion, containing an abstract of the proceedings in th

A professional name for the aggregate of reported cases as forming a body of jurisprudence; or for the law of a particular subject as evidenced or formed by the adjudged cases; in

In American practice. Before the argument in the appellate court of a case brought there for review, the appellant's counsel prepares a document or brief, bearing this name, for th

A statement in writing of the facts proved on the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervision of the judge,

This term, as used in the constitution of the United States, embraces claims or contentions of litigants brought before the court for adjudication by regular proceedings establishe

In practice. An agreement in writing, between a plaintiff and defendant, that the facis in dispute between them are as therein agreed upon and set forth. Diehl v. Ihrie, 3 Whart. (

In practice. A case prepared by the party against whom a verdict has been given, upon which to move the court to set aside the verdict and grant a new trial. 3. A form of action wh

Fr. In the law of insurance. A fortuitous event; an inevitable accident.

Ready money; whatever can be used as money without being converted into another form; that which circulates as money, including bank-bills. Hooper v. Flood, 54 Cal. 221; Dazet v. L

A record, in book-keeping, of all cash transactions; an account of moneys received and expended.

In bookkeeping, an account-book in which is kept a record of all cash transactions, or all cash received and expended. The object of the cashbook is to afford a constant facility t

n. An officer of a moneyed Institution or commercial house or bank, who is intrusted with, and whose duty it is to take care of, the cash or money of such institution or bank. The

An amercement or fine; a mulct.

In England. A bank-note of a provincial bank or of the Bank of England.

A price payable in cash at the time of sale of property, in opposition to a barter or a sale on credit.

The cash value of an article or piece of property is the price which it would bring at private sale (as distinguished from a forced or auction sale) the terms of sale requiring the

To quash; to render void; to break.

In French law. Annulling ; reversal; breaking the force and validity of a judgment. A decision emanating from the sovereign authority, by which a decree or judgment in the court of

(Lat That the bill be quashed.) In practice. The form of the judgment for the defendant on a pica in abatement, where the action was commenced by bill, (billa.) 3 Bl. Comm. 303; St

(Lat That the writ be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by original writ, (breve.) 3 Bl. Comm

A garment worn by a priest

p. p. Overthrown, worsted or defeated in an action. v. In old English practice. To allege, offer or present; to proffer by way of excuse, (as to "cast an essoin.") This word is now

In old English law. Tne lord, owner or captain of a castle; the constable of a fortified house; a person having the custody of one of the crown mansions; an officer of the forest

A castellain; the keeper or constable of a castle. Spelman.

In old English law. The precinct or jurisdiction of a castle, Blount

In Saxon and old English law. Castle work. Service and labor done by inferior tenants for the building and upholding castles and public places of defense. One of the three necessar

A fortress in a town; the principal mansion of a nobleman. 3 Inst. 31.

An engine used to punish women who have been convicted of being common scolds. It is sometimes called the "frebucket," "tumbrel," "ducking-stool," or "cucking-stool." U. S. v. Roya

Offering; alleging by way of excuse. Casting an essoin was alleging an excuse for not appearing in court to answer an action. Holthouse.

Where the votes of a deliberative assembly or legislative body are equally divided on any question or motion, it Is the privilege of the presiding officer to cast one vote (If othe

In feudal law. An imposition anciently laid upon such persons as lived within a certain distance of any castle, towards the maintenance of such as watched and warded the castle. —C

In old English law. Rents paid by those that dwelt within the precincts of a castle, towards the maintenance of such as watched and warded it.

In the Roman law. Relating to the camp or military service. Castrense peculium, a portion of property which a son acquired in war, or from his connection with the camp. Dig. 49, 17

Lat In Roman law. A camp. In old English law. A castle. Bract, fol. 69b. A castle, including a manor. 4 Coke, 88.

That which happens accidentally or is brought about by causes unknown ; fortuitous; the result of chance. Lewis v. Lofley, 92 Ga. 804, 19 S. E. 57. —Casual ejector. In practice. Th

In practice. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, he is supposed to come casually or by accident upon th

A phrase used to denote (in contradistinction to "preappointed evidence") all such evidence as happens to be adducible of a fact or event, but which was not prescribed by statute o

A poor person who, in England, applies for relief in a parish other than that of his settlement. The ward in the work-house to which they are admitted is called the "casual ward."

In English law. Those who are not settled in a parish. Such poor persons as are suddenly taken sick, or meet with some accident, when away from home, and who are thus providentiall

In Scotch law. Payments from an inferior to a superior, that is, from a tenant to his lord, which arise upon uncertain events, as opposed to the payment of rent at fixed and stated

In Scotch law. The mails and duties due to the superior in ward-holdings.

Inevitable accident; an event not to be foreseen or guarded against. A loss from such an event or cause; as by fire, shipwreck, lightning, etc. Story, Bailm. § 240; Gill v. Fugate,

This term is generally used as equivalent to "accident" insurance. See State v. Federal Inv. Co.., 48 Minn. 110, 50 N. W. 1028. But in some states it means insurance against accide

In old English law. A writ of entry, granted where tenant by the curtesy or tenant for life, alienated in fee or in tail or for another's life, which was brought by him in reversio

A writ of entry framed under the provisions of the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or f

Lat. Chance; accident; an event; a case; a case contemplated. —Casus belli. An occurrence giving rise to or justifying war. —Casus fœderis. In international law. The case of the tr

An occurrence giving rise to or justifying war.

In international law. The case of the treaty. The particular event or situation contemplated by the treaty, or stipulated foe, or which comes within its terms. In commercial law. T

A fortuitous event is not to be presumed. Hardr. 82, arg.

A fortuitous event is not to be expected, and no one is bound to foresee it 4 Coke, 66.

In the civil law. A casualty ; an extraordinary casualty, as fire, shipwreck, etc. Dig. 44, 7, 1, 4.

A case omitted is to be held as (intentionally) omitted. Tray. Lat Max. 67.

A case omitted; an event or contingency for which no provision is made ; particularly a case not provided for by the statute on the general subject, and which is therefore left to

A case omitted and given to oblivion (forgotten) is left to the disposal of the common law. 5 Coke, 38. A particular case, left unprovided for by statute, must be disposed of accor

An instrument with which criminals are flogged. It consists of nine lashes of whip-cord, tied on to a wooden handle.

In old English Law. Chattels. The word among the Normans primarily signified only beasts of husbandry, or, as they are still called, "cattle," but, in a secondary sense, the term w

Cbatteis justly possessed cannot be lost. Jenk. Cent. 28.

Dead goods or chattels, as distinguished from animals. Idle cattle, that is, such as were not used for working, as distinguished from beasts of the plow; called also animalia otios

Chattels are considered in law among the least things. Jenk. Cent. 52.

An obsolete writ that lay where a house was within a borough, for rent issuing out of the same, and which warranted the inking of doors, windows, etc., by way of distress.

For the return of the chattels; an obsolete writ that lay where goods delivered to a man to keep till a certain day were not upon demand redelivered at the day. Reg. Orig. 39.

A chattel. Most frequently used in the plural form, catalla, (q. v.)

Goods and chattels. See Catalla.

A tenant in capita. A tenant holding immediately of the crown. Spelman.

An old name for an archdeacon.

See Bargain.

Things caught, and in the possession, custody, power, and dominion of the party, with a present capacity to use them for his own purposes. The term includes blubber or pieces of wh