Black's Law Dictionary

An auctioneer. Carr v. Gooch, 1 Wash. (Va.) 337, (262.) One who calls out aloud; one who publishes or proclaims. See Crier.

A chapel or oratory underground or under a church or cathedral. Du Cange.

A surgical operation whereby the foetus, which can neither make its way into the world by the ordinary and natural passage, nor be extracted by the attempts of art, whether the mot

An abbreviation for cum testamento annexo, in describing a species of administration.

Other things being equal.

The others being silent : the other judges expressing no opinion. Comb 186.

When a limited administration has been granted, and nil the property cannot be administered under it, administration cwterorum, (as to the residue) may be granted.

Lat. Other; another; the rest. —Cæteris paribns. Other things being equal. —Cæteris tacentihns. The others being silent : the other judges expressing no opinion. Comb 186. —Cæteror

An engine of correction for common scolds, which in the Saxon language Is said to signify the scolding-stool, though now it Is frequently corrupted Into ducking-stool, because the

A term of French maritime law. See A Cueillette.

(To whom before divorce.) A writ for a woman divorced from her husband to recover her lands and tenements which she had in fee-simple or in tall or for life, from him to whom her h

For whose good; for whose use or benefit. "Cui bono is ever of great weight in all agreements." Parker, C. J., 10 Mod. 135. Sometimes translated, for what good, for what useful pur

11 Coke, 52. Whoever grants anything to another is supposed to grant that also without which the thing itself would be of no effect.

(To whom in life.) A writ of entry for a widow against him to whom her husband aliened her lands or tenements in his life-time; which must contain in it that during his life she co

To whomsoever a jurisdiction is given, those things uiso are supposed to be granted, without which the jurisdiction cannot be exercised. Dig. 2, 1, 2. The grant of jurisdiction imp

He who has the right of giving has also the right of selling and granting. Dig. 50, 17, 163.

Any person skilied in his peculiar art or profession is to be believed, [i. e., when he speaks of matters connected with such art.] Co. Litt 125a; Shelf. Mae, & Div. 206. Credence

Any one may waive or renounce the benefit of a principle or rule of law that exists only for hls protection.

He who is allowed to do the greater ought not to be prohibited from doing the less. He who has authority to do the more important act ought not to be debarred from doing what is of

He to whom the people is father has not a father. Co. Litt. 123.

Every one is to be believed in his own art. Dickinson v. Barbee, 9 Mass. 227, 6 Am. Dec. 58.

Whose is the advantage, his also should be the disadvantage.

Wing. Max. 53. Whose it is to give, his it is to dispose; or, as Broom says, "the be-stower of a gift has a right to regulate its disposui." Broom, Max. 459, 461, 463, 464.

Whichever [of two parties] has the division, [of an estate,] the choice [of the shares] is the other's. Co. Litt 166b. In partition between coparceners, where the division is made

The risk lles upon the owner of the subject. Tray. Lat. Max. 114.

Whose right it is to institute, his right it is to abrogate, Broom, Max. 878, note.

Whose is the soll, his it is up to the sky. Co. Litt. 4a. He who owns the sell or surface of the ground, owns or has an exclusive right to, everything which is upon or above it to

To whomsoever the soll belongs, he owns also to the sky and to the depths. The owner of a piece, of land owns everything abave and bslow it to an indefinite extent. Co. Little 4.

2 Inst. 493. An accessory matter is subject to the same jurisdiction as its principali

He who gives a thing by mistake has a right to recover it back; but, lf he gives designedly, it is a gift Dig. 50, 17, 53.

The chiefest part of everything is the beginning. Dig. 1, 2, 1; 10 Coke, 49o.

In old records. The laying up a ship in a dock, in order to be repaired. Cowell; Blount

(Fr. the bottom of & sack.) A blind alley; a street which is open at one end only. Bartlett v. Bangor, 67 Me, 467; Perrin v. Railroad Co., 40 Barb. (N. Y.) 65; Talbott v. Rallroad

Lat. A term of the civll law, meaning fault, neglect or negligence. There are three degrees of culpa,—lata culpa, gross fault or neglect; levis culpa, ordinary fault or neglect; le

Lab In old English law. Guilty. Culpabilis de intrusions,—guilty of intrusion. Fleta, lib. 4, c. 30, § 11. Non culpabilis, (abbreviated to non cui.) In criminal procedure, the plea

Blamable; censurable; Involving the breach of a legal duty or the commission of a fault. The term is not necessarily equivalent to "criminal," foe, in present use, and notwithstand

Described as a crime varying from the very lowest culpability, up to the very verge of murder. Lord Moncrieff, Ark-ley, 72.

In this phrase, the word "culpable" means not criminal, but censurable; and, when the term is applied to the omission by a person to preserve the means of enforcing his own rights,

Failure to exercise that degree of care rendered appropriate by the particular circumstances, and which a man of ordinary prudence in the same situation and with equni experience w

He is clear of blame who knows, but cannot prevent. Dig. 50, 17, 50.

2 Inst. 208. It is a fault for any one to meddle in a matter not pertaining to him.

Gross negligence is held equivalent to intentional wrong.

Misconduct binds [should bind] its own authors. It is a never-failing axiom that every one is accountable ouiy for his own delicts. Ersk. Inst 4, L 14.

Poena ad mensuram delicti statuenda est. Let the punishment be proportioned to the crime. Punishment is to be measured by the extent of the offense.

A person who is indicted for a criminal offense, but not yet convicted. It is not, however, a technical term of the law; and in its vernacular usage it seems to imply only a llght

In old Scotch law. A spectes of pledge or cautioner, (Scottic6, back borgh,) used in cases of the replevin of persens from one man's court to another's. Skene,

A field on which a crop of wheat is growing is a cultivated field, although not a stroke of labor may have been done in it since the seed was put in the ground, and it is a cultiva

A parcel of arable land. Blount.

In old English law. A base kind of slavery. The confiscation or forfeiture which takes place when a lord seizes hla tenant's estate. Blount; Du Cange.

When an action is merely criminal, it can be Instituted from the beginning either criminally or civilly. Bract 102.

When the proofs of facts are present, what need Is there of words? 2 Bulat 58.

When any partner renounces the partnership, the partnership is dissolved. Tray. Lat Max. 118.

4 Inst. 66. One confessing willingly should be dealt with more leniently.

Lat. With copulation, i. e., sexual intercourse. Used in speaking of the validity of a marriage contracted "per verba de futuro cum copula," that is, with words referring to the fu

When the question is as to the gain of two persons, the cause of him who is in possession is the better. Dig. 50, 17, I26l

Where two things repugnant to each other are found in a will, the last shall stand. Co. Litt 112b; Shep. Touch. 451; Broom, Max. 583.

When two rights meet in one person, it is the same as if they were in two persons.

(With a grain of salt.) With allowance for exaggeration.

When there is a disagreement in the substance, it appears that there is no acceptance, Gardner v. Lane, 12 Allen (Mass.) 44.

Dig. 34, 5, 24. Where an ambiguous or even an erroneous, expression occurs in a will, it should be construed liberally, and in accordance with the testator's probable meaning. Broo

Children barn under a legitimate marriage follow the condition of the father.

With the burden; subject to an incumbrance or charge. What is taken cum onere is taken subject to an existing burden or charge.

Dig. 50, 17, 154. When both parties are in fault the plaintiff must always fall, and the cause of the person in possession be preferred.

With satchel and purse. A phrase in old Scotch law.

With the appurtenances. Bract foL 73b.

The expression of the monopoly of Oxford, Cambridge, and the royal printers to publish the Bible.

4 Kent, Comm. 493. When that which I do is of no effect as I do it, it shall have as much effect as it can; i. e., in some other way.

L Lat. With the will annexed. A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons,

Additional; heaping up; increasing; forming an aggregate. The word signifies that two things are to be added together, instead of one being a repetition or in substitution of the o

See Stock.

Additional or corroborative evidence to the same point. That which goes to prove what has already been established by other evidence. Glidden v. Dunlap, 28 Me. 383; Parker v. Hardy

These are legacies so called to distinguish them from legacies which are merely repeated. In the construction of testamentary instruments, the question often arises whether, where

One which can be committed only by a repetition of acts of the same kind but committed on different days. The offense of being a "common seller" of intoxicating liquors is an examp

See Cumulative.

Separate sentences (each additional to the others) imposed upon a defendant who has been convicted upon an indictment containing several counts, each of such counts charging a dist

See Cumulative.

In Spanish law. Affinity; alliance; relation by marriage. Las Partidas, pt 4, tit. 6,.l, 5.

A coiner. Du Cange, Cuneare, to coin. Cuneus, the die with which to coin. Cuneata, coined. Du Cange; Spelman.

In old English law. A kind of trial, as appears from Bract lib. 4, tract 3, ca. 18, and tract 4, ca. 2, where it scorns to mean, one by the ordinary jury.

A common abbreviation of curia.

Lat. Care; charge; oversight; guardianship. In the civil law. A species of guardianship which commenced at the age of puberty, (when the guardianship called "tutela" expired,) and

One who takes care of a thing.

In ecclesiastical law. Properly, an incumbent who has the cure of seals, but now generally restricted to signify the spiritual assistant of a rector or vicar in his cure. An offici

In French law. A person charged with supervising the administration of the affairs of an emancipated minor, of giving him advico, and assisting him in the important acts of such ad

In the civll law. The power or duty of managing the property of him who, either on account of infancy or seme defect of mind or body, cannot manage his own affairs. The duty of a c

Intended to cure (that ls, to obviate the ordinary legal effects or consequences of) defects, errors, omissions or Irregularities. Applied partichlarly to statutes, a "curative act

In the civil law. A person who is appointed to take care of anything for another. A guardian. One appointed to take care of the estate of a minor above a certain age, a lunatic, a

In the civil law. A guardian for this purpose; a special guardian.

Guardian for the suit. In English law, the corresponding phrase is "guardian ad litem."

In the civil law. A guardian or trustee appointed to take care of property in certain cases ; as for the banefit of creditors. Dig. 42, 7. In Scotch law. The term is applied to gua

Surveyors of the highways.'

The office of a curator. Curatorship differs from tutorship, (q. v.J in this; that the latter is instituted for the protection of property in the first place, and, secondly, of the

A woman who has been appointed to the office of curator; a female guardian. Cross' Curatrix v. Cross' Legatees, 4 Grab (Va.) 257.

A curate has no title, [to tithes.] 3 Bulst. 310.

The rectification or rendering nugatory of a defect in the pleadings by the rendition of a verdict; the court wlll presume, after a verdict, that the particular thing omitted or de

In ecclesiastical law. The ecclesiastical or spiritual charge of a parish, including the usual and regular duties of a minister in charge. State v. Bray, 35 N. a 290.

An institution supposed to have been introduced into England by order of William the Conqueror, which consisted in the ringing of a bell or bells at eight o'clock at night, at whic

In old European law. A court. The palace, household or retinue of a sovereign. A judicial tribunal or court held in the sovereign's palace. A court of justice. The civil power, as

The court of admiralty.

In Lat. The court will advise; the court will consider. A phrase frequently found in the reporto, signifying the resolution of the court to suspend judgment in a cause, after the a