A New Law Dictionary and Glossary

In Spanish law. A portion of spoils taken or lands conquered in a war, granted to a horse soldier. Dict. Span. Acad. 12 Peters' R. 444, note. An allotment of land, being a lot of o

[L. Lat. cablicium, cablida; Fr. cables, cablis.'] In the forest law. Brush wood, or browse wood. Crompt. Jur. 163, 263. According to Spelman, wind-fallen wood, {caduca ligna venti

In Spanish law. An official statement of the quantity and value of real property in any district, made for the purpose of justly apportioning the taxes payable on such property. 12

Lat. In old practice. To fall, fail, cease, or come to an end; to abate. Cadit actio; the action fails, or abates. Bract, fol. 308, 308 b. Cadit appellum. /(i. 140 b, 141. Cadit as

See Cadere,

Lat. [from cadere, to fall.] In the civil law. Escheats, or escheated lands. Co, Litt, 13 a. Those that /a// to the state. See Escheat.

[from caducus, q. v.] Relating to escheat, forfeiture or confiscation. 2 Bl, Com, 245.

Caduca, L. Lat. [from cadere, to fall.] In the civil and old common law. Falling, fallen. Caducus mot' bus; the falling sickness. Cowell. Caduca ligna; fallen wood. Spelman, voc. C

Calangia, L. Lat. [from Fr. calanger.] In old English law. A challenge; a claim or dispute. 2 Afon, Angl, 252. Cowell, Blount, Spelman, voc. Calumnia,

Gr. A ship's carpenter, or shipwright. Molloy De Jur, Mar, 243.

Lat. Spurs. Bract. fol. 35.

Calcetum, L. Lat. [Fr. chaussee.] In old law. A causeway, or causey; a path or road raised with earth and paved; (agger, via strata.) Spelman, Cowell, voc. Calcea.

Lat. A causeway. Beg. Grig, 154. See Calceata,

Lat. An oven for burning lime, {fumus ad coquendam calcem;) a lime kiln. Spelman.

Lat, In old law. A right to take fuel yearly. CowelL Whishaw,

Calendar. [L. Lat. calendarium, from calendcB, q. v.] The established division of time into years, months, weeks and days. A table or register of such divisions. Encyclop. Americ.

Lat. A calendar. See Calendar, CALENDAR (or Solar) MONTH. A month computed according to the calendar, and containing thirty or thirty-one days, except February, which contains twen

In practice. A list of litigated causes, prepared by the clerks of courts of record, a short time previous to the commencement of each term, containing the title of each cause, the

In English practice. A list kept by the sheriffs containing the names of all the prisoners in their custody, with the several judgments against each in the margin. Staundf. PI. Cor

Kalenda. Lat. [from O. Lat. calo, Gr. xalita, to call.] Calends. See Calends.

[Lat. calendae.] The first day of the month in the Roman calendar; so termed from the custom of a priest calling out, or proclaiming to the people on that day, the month with the f

In American land law. The requirement of a natural object, as a tree or stream, to correspond with a description or map 'in a survey, patent or grant of land; the designation of a

In practice. A formality practised in courts, on the trial of a cause before a jury, as preliminary to nonsuiting the plaintiff. It is usual in English practice, for a plaintiff, w

In English practice. Conferring the dignity or degree of barrister at law upon a member of ^ne of the Inns of court. Holthouse.

Calumpnia. L. Lat. In old English law and practice. A claim, or demand; (vindicatio, L. Lat. clameus.) Spelman. The demand of a right in anything; (juris in re aliqua postulatio.)

Lat. In the civil law. Calumny, malice, or ill design; a false accusation, a malicious prosecution. Inst. 4. 16.1. Cooper's notes. Calumnies jusjurandum; the oath of calumny. An oa

Calumpniare. L. Lat. In old English law and practice. To claim or demand, {vindicare, clamare.) Spelman. To object to. Calumniata, calumpniata; objected to. Bract, fol. 257. 334. T

Lat. In the civil law. To calumniate, or maliciously injure; to accuse falsely. Inst. 4. 16. 1. See Calumnia. CALUMPNIOSUa L. Lat. In old practice. That may be challenged or object

Cambipartito. L. Lat. [from campus, a field, and partiri, to divide.] In old English law. Champerty. Co. Litt. 368 b. Spelman, voc. Campiparticeps. See Champerty, Campers.

Carnbipartitor. L. Lat. (See Cambipartia.) A champertor; one who promotes, undertakes or maintains another s suit, in order to obtain a stipulated share of the land or other thing

Lat. To change or exchange. Cambire denarios. Ryl. Pari. 627. Towns. PI. 58.

Lat. [from cambium, q. v.] Of, or relating to exchange. Liter€S cambitoria; a bill of exchange. Towns. PI. 58.

JSscambium. L.Lat. [Ital. cambio.^ In old European law. Change or exchange; {permutatio.) Molloy l)e Jur. Mar. 309, 313. Toions. PI. 68. See JSscambium, Ckambium. A bill of exchang

Lat. [Lat. camera, a vault, or arched roof; an upper gallerj'.] In old European law. A chamber; an apartment in a dwelling house. Facio tibi aulam, ut tu facials mihi cameram; I ma

Lat. [from camera, a chamber or treasury.] In old European law. A chamberlain; a keeper of the treasure chamber; a keeper of the public money; a treasurer. Peregrinus de jure fisci

Lat. The chamber of the exchequer, the exchequer chamber. See Exchequer Chamber.

Lat. The star chamber. See Star Chamber.

Campanile. L.Lat. [from campanay q. v.] A belfry, bell tower - or steeple; a place where bells are hung. Spelman. Towns. PL 191, 213.

Campipars. L.Lat. [Fr. champerti\ In old English statutes. A share or division of land, or other thing; champerty. Nullus minister domini regis manuteneat pladia vel querelas in cu

In old English law. The fighting of two champions (campiones,) or combatants in the field, (campus;) the judicial combat, or duellum. 3 Inst 221. See Acre-fight

Lat. [from campus, q. v.] In feudal and old English law. A champion. Bract. fol. 344. Spelman, voc. Campus. One that striketh a legal campfight, or combat in another man's quarrel.

Lat. [from cambium, exchange.] In old European law. Exchangers; Lombard or Italian merchants. 1 Rob. Charles V., Appendix, Note xxx.

Lat. [Fr. champ!] In old European law. An assembly of the people; so called from being anciently held in the open air, in some plain capable of containing a large number of persons

Lat. In feudal and old English law. A field, or plain. The field, ground or lists marked out for the combatants in the duellum^ or trial by battle. ITottoman. in verb. Feud. voc. C

Lat. The field of May. See Champ de Mai.

Lat. The field of March. See Champ de Mars.

Lat. [from cancellarius, q. v.] Chancery; the chancery; the court of chancery. 3 BL Com, 46. Clerici de cancellaria; the clerks of the chancery. Stat Westm. 2, c. 24.

Lat. [from cancelli, q. v.] An officer in the lower Roman empire, otherwise called scriba, notarius, graphiarius, suretarius, scriniarius, a cancellis, a secretis, ab actis, a Hbel

Lat. A cancelling. Brajct. 398 b.

Lat. Lattices, or windows made' with bars laid cross-wise, one over another. Enclosures in courts, composed of such cross-bars, to keep off the press of the people, without obstruc

The defacing or obliterating a deed, will, or other instrument, so as to destroy its legal effect. This was anciently done, as it still frequently is, by drawing lines diagonally o

A trial by hot iron, formerly used in England. Tvhishaw.

[from Gr. xavdy.] A law, rule or ordinance in general, and of the church in particular. Jacob.

In the civil law. A rent. 1 Mackeld. Civ. Law, 367, § 324. Id. 366, KaufvMUis note. See Emphyteusis.

In English ecclesiastical law. A prebendary or member of a chapter. 1 BL Com. 382. 3 Steph. Com. 67. A person possessing a prebend or revenue allotted for the performance of divine

[Lat. Jus canonicum, or Corpus juris canonici.] A collection of ecclesiastical constitutions for the regulation of the polity and disciptine of the church of Rome, consisting for t

The legal rules by which inheritances are regulated, and according to which estates are transmitted by descent from the ancestor to the heir. 2 Bl. Com. 208. 1 Steph. Com. 359. 2 C

Lat. The harmony of the discordant canons. A collection of ecclesiastical constitutions made by Gratian, an Italian monk, A. D. 1161; more commonly known by the name of Decreium Gh

An abbreviation of Cantabrigia, or Cambridgeshire, in old English pleadings and records. Tovms. PI. 147.

[L. Lat. cantellum, velut quantillum.l In old English law. That which is added above measure; heaped measure. Spelman. Blount.

Cantref, Cantrep, Kantref. [L. Lat. cantredus, cantaredus; from Brit. cant, a hundred, and tre, a town.] A district containing a hundred villages; a hundred. Spelman, voc. Cantredu

[Lat. capacitas, from capax, able to take.] Strictly, ability to take. The legal ability or power of an individual or corporation to do certain acts, as to give or take lands or ot

Lat. [from capere, to take.] One who takes or holds. Capaces; takers or holders. Braet. fol. 67 b. One who can take, hold or entertain; capable of. See Doll capax.

Lat. (Take.) In old English practice. A judicial writ concerning lands or tenements, formerly in use in Ens[land, and so termed from the emphatic word with which it began: — Cape i

Lat. A chapel. SpeU man. Cowell.

Capulare. L. Lat. In old European law. To cut, break or tear off; (incidere, f rangers, radere.) Spelman.

Lat. To take. The Roman law made a distinction between this word, and accipere, (aliud est capere, aliud accipere); it not being properly applicable to cases where a restitution or

Lat. (You take— Quod capias; that you take.) In practice. A judicial writ in actions at common law, so termed from the emphatic word in it, when the proceedings were in Latin, comm

Lat. (You take — to answer.) In practice. A well known writ, (usually simply termed a capias,) by which actions at law are frequently commenced; and which commands the sheriff to t

L. Lat. (You take — to satisfy.) In practice. A writ of execution, (usually termed, for brevity, a ca. sa.) which a party may issue after having recovered judgment against another

Lat (You take the outlaw.) In English practice. A writ which lies against a person who has been outlawed in an action, by which the sheriff is commanded to take him, and keep him i

Lat. (Let him be taken for the fine.) In English practice. A clause inserted at the end of old judgment records in actions of debt, where the defendant denied his deed, and it was

Breve, Writ for taking a moderate amercement. A writ, founded on Magna Charta, (c. 14.) which lay for one who was excessively amerced in a court not of record, directed to the lord

Lat. (plur. of Caput, q. v.) Heads, and figuratively, entire bodies, whether of persons or animals. Spelrrum, Persons individually considered, without relation to others, (polls);

See Capitale.

[from caput, head or life.] Relating to, or affecting the life of a person. A capital crime or felony is a crime or felony punishable with death, (quod ultimum inducit supplicium,)

Captale, L. Lat. [plur. capitalia, captalia, from caput, head.] In old European law. A beast or animal, considered as an article of property; hence according to Spelman, the term c

Captalia. L. Lat. [plur. of capitale, captale, q. v.] In old European law. Any kind of goods moveable or immoveable, but properly that kind which consists in animals, from whose he

Lat. [from caput, head or life.] Capital; affecting or involving life, drimm capitale; a capital crime. Bract, fol. 120 b, 101 b. In the civil law, offences punishable by the loss

Lat. [from caput, head or chief.] In old English law. Chief, principal; at the head, A term applied to persons, places, judicial proceedings, and some kinas of property. Capitalis

Lat. [from caput, a head.] In feudal law. One who held an estate or dignity in capite, that is, immediately from the king; a chief lord or baron of the king, (baro regis vel regni.

Lat. [from caput, head.] In old law and surveys. To head, front or abut; to touch at the head, or end. Tenent octo acra^juxta Goreswall, capitantes ad prcedictum wallum; they hold

See Caput, In capite.

Lat. [from caput, head or poll.] In old law. Poll money. Blount. Whishaw.

Lat. In the civil law. The loss of a status or civil qualification; the change of a man's former condition, (prioris status mutatio.) Inst. 1. 16. pr. 1 Mackeld. Civ. Law, 131, § 1

Lat. Tplur. of capitulum, q. v.] In old ecclesiastical law. Collections of laws or ordinances, {legum canones,) drawn up under certain divisions or heads, (constitutorum capita, i.

Lat. Chapters of the crown. Chapters or heads of inquiry, resembling the capitula itineris, (q. V.) but of a more minute character, delivered in the year 1194, 5 Ric. I. 1 Reeves*

Lat. [L. Fr. chapitres de eyre.] In old ^English practice. Chapters of the eyre. Chapters, articles, heads or schedules of inquiry, delivered to the justices itinerant, {in itinere

[L. Lat. capitulars, from capitulum, a chapter.] A collection of chapters, (capiiuhrum congeries); a decree or ordinance. Spelman. In feudal law, the capitularies {capitularia), we

Lat. [dimin. of caput, a head.] A chapter; a small head or division. Spelman. Termes de la ley. Cowell, voc. Chapter. An assembly of ecclesiastical persons. Bract, fol. 12, 16. See

Lat. [from capere, to take.] In old English law and practice. A taking or seizure of a thing, as an animal. Bract. fol. 166. Bene cognoscit captionem; he well avows the taking. 1 S

[Lat. captio, q. v.] In practice. A taking, seizure or arrest of a person. 2 Salk. 498. The word in this sense is now obsolete. A certificate of the taking of a commission, subscri

Lat. In old Eng Ush law. A taker, a lessee. Touf7is. PL 37.

Lat. & Eng. [from Lat. capers, to take.] In international law. One who takes or seizes property m time of war; one who takes the property of an enemy. In a stricter sense, one who

[Lat. captura, from capere, to take.] In international law. A taking or seizure of the goods of an enemy; a taking of prizes in time of war, particularly at sea. 2 Bl. Com. 401, 40

Lat. A head; the' head of a person; the whole person; the life of a person. See ^stimatio capitis. In the civil law. A person or individual. In capite libero; in, or over a free pe

Lat. [from caput, head.] In old English law. Head, or poll money, or the payment of it. CotoelL Blount. By some considered the same with ckevagium, (q. v.) Cowell.

Capucium. L. Lat. [from caput, head.] In old English law. A head of land; a headland. Cowell, voc. Buttum.

Lat. [Sax. wulfesheofod.] In Saxon and old English law. A wolf's head. An outlawed felon was anciently so called, because he might be slain or knocked in the head, like a wolf, by

Lat. [from Sax. carcærn.] In old English law. A prison or work house. LL. Canuti, c. 62, apud Spelman.