A Law Dictionary, Adapted to the Constitution and Laws of the United States

See Almanac.

crim. law, is a list of prisoners, containing their names, the time when they were committed, and by whom, and the cause of their commitments.

in the an oath which a plaintiff to take that he was not a spirit of chicanery in his action, but that he a good cause of action. lib. 5, t. 16 and 17, s. oath a somewhat similar o

in its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operation of tearing or destroying the instrument itself. Hyde v. Hyde, 1 E

war, is the distance which a cannon will throw a ball. The whole space of.the sea, within cannon shot of the coast, is considered as making a part of the territory; and, for that r

eccl. law. This word is taken from the Greek, and signifies a rule or law. In the ecclesiastical law, it is also applied to designate an order of religious person.

see Law, Canon.

This word is taken in various senses. 1. It is that aptitude which good order requires a man should possess for the employment to which he is destined. The constitution requires th

Capable of committing crime. This is said of one who has sufficient mind and understanding to be made responsible for his actions, and who possesses legal discretion, (q- v-)

English lav, isa judicial writ touching a plea of land and temgments. The writs which bear this name are of two kinds, namely, cape magnum, or grand cape; and cape parvum, or petit

practice. This word, the signification of which is “ that you take,” is applicable to many heads of practice. Several writs and processes commanding the sheriff to take the person

practice, is a writ issued after a re- _turn of elongata or elotned has been made to a writ of retorno habendo, commanding the sheriff to take so many of the distrainer’s goods by

political economy, commerce. In political economy, it is that portion af the produce of a country, which may be made directly available either to support the human species or to th

A poll-tax; an imposition which is yearly laid on each persen according to his estate and ability.

descents, by the head. Distribution or succession per capite ig said to take place when every one of the kindred in equal degree, and not jure representationts receive an equal par

war, is the treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. CAPTAIN or SEA CAPTAIN, mar.

French law. The name which is sometimes given to him who by flattery and artifice endeavours to surprise testators and induce them to give legacies or devises, or to make him some

practice, is that part of a legal instrument, as a commission, indictment, &c. which shows where, when, and by what authority it was taken, found or executed. In the English practi

By this ‘term is understood one who has been taken; it is usually applied to prisoners of war, (q- V.)

war, is one who has taken property from an enemy; this term is also employed to designate one who has taken anenemy. Formerly goods taken in war were adjudged to belong to the capt

war, is the taking of property by one belligerent from another. To make a good capture of a ship, it must be subdued and taken by an enemy in open war, or by way of reprisals, or b

Eng. law, having the head of a wolf. An outlawed felon was said to have the head of a wolf, and might have been killed by any one legally. Now, such killing would be murder. 1 Hale

weights. A carrat weight equal to four grains, in diamonds and the like. Jac. L. Dict.

punishment; this is a French word which signifies pillory, and is sometimes used in that gense; as is carcannum for a prison.

eccl. law, is the title of an ecclesiastical prince, who has an active or passive voice in the conclave when a pope is elected.

crim. law. Small square paste boards, generally of a fine quality, on which are painted figures of various colours, and used for playing different games. The playing of cards for a

mar. law. The entire load of a ship or other vessel. Abb. on Sh. Index, h.t.; Merl. Rép. h. t.

crim. law. This phrase is used to signify a sexual connexion; as, rape is the carnal knowledge of a woman,

pleadings. This is a technical phrase essential in an indictment to charge the defendant with the crime of rape; no other word, or circumlocution will answer the same purpose as th

contracts. There are two kinds of carriers, namely common carriers, (q- Y-) who have been considered under another head; and private carriers. ‘These latter are persons who, althou

an allowance to stated the tenant of wood, sufficient for carts nature and other instruments of husbandry. case,

The sig- judgment nature of an individual or more, on upon a white paper, with a sufficient space also left above it to write a note or other stated, writing. In the course of busi

commerce, money on which a merchant trader or person has to do business with. price, in contracts, is the price articles paid for in cash, in contradistinction of credit price, whi

commerce, acis one in which a merchant trader enters an account of all the or paper moneys he receives pays. An entry of the same thing to be made under the proper in the journal.

punishment. To; to deprive a military man of office: example, every officer shall be convicted before a gencourt martial, of having signed false certificate relating to the abof ei

French law, isa which emanates from the resort isannulled. Merl. Rép. h. t; this jurisdiction is now given to the cour de cassation. This court 1s composed of fifty two judges, inc

practice. That the writ be quashed. This is the name of a judgment, which is entered by the plaintiff when he cannot prosecute his writ with effect against the defendant in consequ

punishments, is an engine used to punish women who have been convicted of being common scolds; it is sometimes called the trebucket, tumbrel, ducking stool, or cucking stool. This

legislation, is the vote given by the president, or speaker of a deliberative assembly, when the votes of the other members are equal on both sides, the casting vote then decides t

practice, torts. Formerly in the trial of right to lands by ejectment, was a person supposed casually or by accident to come upon the land, and turn out the lawful possessor; he wa

practice, isa writ of entry, granted when the tenant by the curtesy, or tenant for life, aliens in fee, or in tail or tor another’s life. It may be brought by the reversioner, agai

an omitted case. When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencics, and through mistake, or on account of some other cause,

officer. This is a nickname given to a sheriff’s deputy, or to a constable, or other officer whose duty it is to arrest persons. He is socalled because he catches by the poll or he

civ. law. This word has two meanings. 1. It signifies the delivery of the thing, or the accomplishment of the act which is the object of the conventian. Datio vel actum, quibus ab

practice, is a contested question before a court of justice; itis a suit or action. Causes are civil or criminal. Wood’s Civ. Law, 302; Code 2,5 4, 16.

JURATORY, iss the Scotch law; Juratory caution is that which a suspender swears is the best he can offer in order to obtain a suspension. Where the suspender cannot, from his low o

Scotch law, contracts, one who becomes bound as caution or surety for another for the performance of any obligation, or contract contained in a deed.

practice, that he beware. Caveat is the name of.a notice given by a party having an interest in the same, to some officer not to do an act, till the party giving the notice shall h

Let the purchaser beware. It isa rule of the common law, in which respect it is directly opposed to the civil law, that the purchaser is bound to examine and ascertain the defects

contracts. This word is usually applied in law to the celebration of marriage, which is the solemn act by which a man and woman take each other for husband and wife, conformably to

An scmisation of the purpose of keeping the representution of the several states in congress cqual, the constitution provides, that “representatives and direct taxes shall be appor

a latin word signifying I have taken. Cepi corpus, I have taken the body; cepi corpus and B. B., I have taken the body and discharged him on bail bond; cepi corpus et est in custod

plead- This is a plea in replevin, by which the defendant alleges that he took the thing replevied in another place than that mentioned in the plaintiff’s declaration. 1 Chit. Pl.

UNCERTAIN. TY, contracts; in matters of obligation; a thing is certain, when its essence, quality and quantity, arc sufficiently described, such as one hundred dollars, such a ioui

pleading. By certainty is understood a clear and distinct statement of the facts which constitute the cause of action, or ground of defence, so that they may be understood by the p

practice, is a writing made in any court, and properly authenticated, to give notice to another court of any thing done therein; or itis a writing by which an ofhcer or other perso

practice. To be certified of; to be informed of. This is the name of a writ issued from a superior court directed to one of inferior jurisdiction, commanding the latter to certify

is the staying of an execution. When a judgment has been entered, there is sometimes, by the agreement of the parties, a cessat executio for a period of time fixed upon; and when t

contracts, yielding up; release. France ceded Louisjana to the United States by the treaty of Paris, of April 30, 1803; Spain made a cessionof East and West Florida, by the treaty

a barbarous phrase to signify the beneficiary of an estate held in trust. He for whose benefit another person is enfeoffed or seised of lands or tenements. The cestui que trust is

he to whose use land is granted to another person, the latter is called the terretenant, having in himself the legal property and possession, yet not to his own use, but to dispose

he for whiose life land is holden by another person; the latter is called tenant per auter vie, or tenant for another’s life. Vide Dane’s Ab. Index, h. t.

is the presiding officer of a committee, as, chairman of the committee of ways and means. The person selected to preside over a popular meeting is also called a chairman or moderat

This word has several significations. 1. It is an objection to a person or thing; as, I challenge such a juror. 2. A call by one person of another to single combat, which is said t

criminal lav, is a request by one person to another to fight a duel. It is a high offence at common law and indictable as tending to a breach of the peace. It may be in writing or

A society of the principal merchants and traders of a city, who meet to promote the general trade and commerce of the place. Some of these are incorporated, as in Philadelphia.

crim. law, one who moves pleas or suits, or causes them to be moved, either directly or indirectly, and sues them at his proper costs, upon condition of having a part of the gain.

crimes, is a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for, between them, if they prevail at law, the champertor undertaking to

he who fights for another, or takes his place in a quarrel; it also includes him who fights his own battles. Bract. lib. 4, tr. 2, c. 21. ‘CHANCE, accident. <As the law punishes a

criminal law, is a sudden affray; this word is sometimes applied to any manner of homicide by misadventure, but in strictness it is applicable to such killing only as happens se de

practice, is the opinlon expressed by the court to the ‘jury on the law arising out of a case before them, It should contain a clear and explicit exposition of the law, but the cou

contracts, is an obligation entered into by the owner of an estate which makes the estate responsible for its performance. Vide 2 Ball & Beatty, 223; 8 Com. Dig. *306, Appendix, h.

wills, devises, ig an obligation which a testator imposes on his devisee, as, if the testator give Peter, Blackacre, and directs that he shall pay to John during his life an annuit

international law, is a diplomatic representative or minister of an inferior grade, to whose care are confided the affairs of his nation. He has not the title of minister, and is g

Scotch law, is he in whose favour a decree suspended is pronounced, yet a decree may be suspended before a charge is given on it. Ersk. Pr. L. Scot. 4, 3, 7.

an ancient word which signified not only a charter or 7 in writing, but any signal or token by which an estate was held.

is a grant made by the sovereign either to the whole people or to a portion of: securing to them the enjoyment of certain rights. Of the former kind is the present charter of Franc

contracts, is a contract of affreightment in writing by which the owner of a ship or other vessel lets the whole, or a part of her, toa merchant or other person for the conveyance

Engl. law, an ancient writ, now obsolete, which lay against one’ who had charters of feoffment entrusted to his keeping, and who refused to deliver them. Reg. Orig. 159.

property, is the act of acquiring possession of animals fere nature by force, cunning or address. The hunter acquires a right to such animals by occupancy, and they become his prop

criminal law, torts. <A cheat is a deceitful practice, of a public nature, in defrauding another of a known right, by some artful device contrary to the plain rules of common hones

commerce, is one kept by persons who have accounts in bank, in which are printed blank forms of checks, or orders upon the bank to pay money. ‘CHEMISTRY, med. jur., is the science,

contracts, torts; this is a French word which signifies in that Janguage accord, agreement, compact. In the English statutes it is used to denote a bargain or contractin general. I

officer, is the president of a supreme court; as, the chief justice of the United States, the chief justice of Pennsylvania, and the like. Vide 15 Vin. Ab. 3. CHIEF CLERK IN THE DE

POSTHUMOUS, are those who are born after the death of their fathers, Domat, Lois Civ. liv. prel. t. 2, 8. 1,§7; L. 3, § 1, ff de inj. rupt. In Pennsylvania the will of their father

this is a corruption of the French word Chemin, a highway. It is used by old writers. Com. Dig. Chimin.

conveyancing, signifies a deed or public instrument in writing; chirographs were anciently attested by the subscription and crosses of witnesses; afterwards, to prevent frauds and

Preference either of: a person or thing, to one or several other persons or things. Election, qe V.

property. This is a French word, signifying thing. In law, it is applied to personal property, as choses in possession, are such personal things of which one has possession; choses

In a moral or spiritual sense, this word signifies a society of persons who profess religion; and in a physical or material sense, the place where such persons assemble. It is not

Vide Courts of the United States.

are certain divisions of the country, appointed for particular judges to visit for the trial of causes, or for the administration of justice. See 3 Bl. Com. 58.

practice, remedies, is where a party by bringing an action, gives an action to the defendant against him. As supposing the obligee of a bond covenanted that he would not sue on it,

Scotch law, isa term applied to the time allowed for bringing proof of allegiance, which being elapsed, if either party sue for circumduction of the time of proving, it has the eff

_ persons, practice, are bystanders, from whom jurors are to be selected when the pane] has been exhausted. Vide Tales de circumstantibus. ' CIRCUMVENTION, — Zorts, Scotch law, any

practice, is a writ issued out of a court of competent jurisdiction commanding a person therein named to appear and do something therein mentioned, or to the ecclesiastical law, th

This word has various s. 4, provides, that the president, significations. 1. It is used in con- vice president, and all civil officers tradistinction to barbarous or sav- of the Un

A claim isa challenge of the ownership of a thing which a man has not in possession, and is wrongfully withheld by another. Plowd. 359, see 1 Dall. 444; 12 8. & R. 179. In Pennsylv

That which done in secret and contrary te but{law. Generally a clandestine act cases of the limitation of actions, will prevent the act from running.

The constitutions of Clarendon were certain statutes made in the reign of Henry the Second, of England, in a parliament holden at Clarendon, by which the king checked the power of