A New Law Dictionary and Glossary

(That the bill be quashed.) In practice. The form of the judgment rendered for a defendant on a plea in abatement, where the proceeding is by bill, (that is, where the suit is comm

or QUOD BIL-

or QUOD BREVE

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 Com,

[Fr. chastellain, castelein; L. Lat. castellanus, castellarius, qq. v.] In old English law. The keeper or captain of a castle or fortified house, (praefectus castri,) acting as, or

Castellatura. L. Lat. [from castellanus, q. v.] In old English law. The office of a castellain; the territory or jurisdiction of a castle. Spelman, voc. Castellum.

Castellanius, Castellarius. L. Lat. [from castellum, q. v.] In old English law. A castellain; the keeper, captain or constable of a castle. Spelman, voc. Castellum. Bract. fol. 363

CASTELLATUS. L. Lat. [from castellum, q. v.] In old English law. The precinct or jurisdiction of a castle. Blount,

Lat. 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 defence. One of the three ne

Lat. In old law. A castle; a fortified building, place or town. Dicitur tarn pro villa, quam pro oppido et structura munita. Spelman.

Lat. In feudal law. The defence or guard of a castle, (castelli guardia,) Spelman. See Castleguard.

CESTER, CHESTER. Terminations of the names of various places in England; derived from the Lat. castrum, a fort or camp, which was appended by the Romans to the names of those place

A court of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands h olden of the king in right of the duchy

[from Lat. castigare, to correct.] In old English law. An engine of correction for the punishn^^nt of scolds or wiquiet women; otherwise called the cucking stool, trebucket, and tu

Castelgard, Castleward, [L. Lat. castelgardum, castelli guardia, wardum caxtri,'\ In feudal and old English law. The defence or guard of a cas Ue, otherwise called watch and ward,

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. Stat, 22 & 23 Car, II. c. 24. See Cas

Lat. In old English law. A castle. Bract, fol. 69 b. A castle, including a manor. 4 Co. 88; Luttre Vs ease. 2 Inst. 31.

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 casuc Uly, or by accident upon

[from Lat. casus, q. v.] Inevitable accident; an event not to be foreseen or guarded against. A loss from such an event or cause; as by fire, shipwreck, lightning, &c. Story on Bai

See Contimili casu,

Lat. (In the case provided.) In old English practice. A writ of entry given by the statute of Gloucester, 6 Edw. I. c. 7, where a tenant in dower aliened in fee, or for life. It la

Lat. [from cadere, to fall, to happen; Fr. cas.] A case. Casus iste evenit apud Clarendone; that case happened at Clarendon. Bract. fol. 45. Est tamen casus, quo, &c.; there is, ho

Lat. The case of the treaty or compact; the case or event contemplated by a treaty; a case within it, or to which it applies. 1 Kent's Com. 49. Applied to an exigency contemplated

Lat. [Fr. cas fortuit,] A fortuitous or accidentcd event, an inevitable accident. An event occurring without the intervention of human agency, and producing a loss, in spite of all

Lat. A casualty. Dig. 44. 7. 1. 4. Story on Bailm. § 240.

Lat. A case omitted, overlooked or not provided for. Applied usually to omissions in a statute to provide for a particular case. 2 BL Com. 260. 4 Id. 302. €•■■• omiosna ct obli Tio

Lat. Chattels, or catals, as anciently written. A term including all property moveable and immoveable, except fees and freeholds; (omnia bona mobilia et immobilia, quae nec feoda s

Lat. 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 plough; called also animali

See De catallis reddendis.

Lat. A chattel. Bract fol. 60 b. 131, 272. Laieum catallum; a lay chattel, /rf. fol. 412. A word of rare occurrence. See Catalla. This word is not noticed by Spelman in his derivat

Lat. In feudal law. A tenant in capite, or in chief. Spelman. A captain. Id. Considered by Spelman as an abbreviation or contraction of capitaneus, just as catalla, or catalia was

[L. Lat. cachepolus, cacepolus.] An officer who makes arrests. Though now employed as a term of contempt for a sheriff's officer, this word seems to have been formerly used without

The statute of 10 Geo. IV. c. 7, by which Roman Catholics were restored, in general, to the full enjoyment of all civil rights, except that of holding ecclesiastical offices, and c

2 Kent's Com, 359. See U. S. Digest and Supplement, Estray. In English law, an estray is any valuable animal, [whether beast or bird,] that is not wild, found within a lordship, an

Fr. A word used in old statutes, (H Hen. VI. c. 5,) to' signify causeways, or causeys. From the Latin caleetum, (q. v.) Cowell. Blount.

Lat. In the civil law. An innkeeper. See Caupones.

Lat. [from caupo, q. v.] An inn or tavern. Inst. 4, 5, 3. Dig. 47. 6.

Lai. {p\. of caupo.) Innkeepers. Dig. 4. 9. Id. 47. 5. Story on Agency, § 458.

[L. Lat. caorcini, caursini, corsini.] Italian merchants who came into England in the reign of Henry III., where they established themselves as money lenders, but were soon expelle

Lat. A cause, occasion or reason. Causa proxima; the next or immediate cause, sometimes called causa causata; a cause produced by a previous cause. Causa remota; the remote or orig

Lat. In old English law. A title; a source, mode or ground of acquisition. 1 Mackeld. Civ. Law, 273, § 263. Titulus est justa causa possidendi id qux>d nostrum est. Title is the la

Lat. A cause; a suit or action pending. Causa iestamentaria, a teatamentary cause.. Causa matrimonialis; a matrimonial cause. Bract fol. 61. Causa jactitationis matrimonii; a suit

Lat. By reason of, on account of. See Catisa matrimonii pralocuti. With reference to, in contemplation of. Causd, mortis; in anticipation of death. See Donatio causa mortis. CAUSA

Lat. In old English law. A condition. Item alia [donatio] fit 6b causam, (&c. Et hoc genus donationis improprie dicitur donatio, cum fiat sub condi Uone, &c.; another kindof gift i

Lat. In old European law. Any moveable thing or article of property, {pro re quavis et bonorum parte.) Capitul. lib. 5, tit. 208. L. Salic, tit. 46. Spelman.

Lat. (You signify to us the reason). In old English practice. A writ which formerly lay where a mayor of a town or city, after having been commanded by the king's writ to give seis

Lat. [from causa, q. v.] In old English practice. To cause or produce. Causans, causing. Causata, caused. To complain of, to snow cause against, or object to. Causari poterunt et c

Lat. In the civil law. The accessions, appurtenances or fruits of a thing; comprehending all that the claimant of a principal thing can demand from a defendant in addition thereto,

Lat. [from causare, q. v.] One who manages or litigates another's cause. Spelman, voc. Causa.

Lat. [from causa, and dicere, to speak.] A pleader; one who argued a cause ore tenus. Julius clericus nisi causidicus; no clerk who was not a pleader. Will. Malms. De Gest. Reg. 1.

Fr. Precaution. Et bone cautele serra; and it will be a good precaution. Britt. c. 39.

Lat. [from cayere, to take care, provide for, secure.] In the civillaw. Security for the performance of an obligation, or other act; security in an action; bail, or, as literally r

In Scotch law. Security, bail. P. Cyclopesdia, voc. Bail.

In Scotch law. The obligation by which a party becomes surety for another, answering to the English gtiarantee. It is defined by Stair, " the promise or contract of a man, not for

In Scotch law. A surety for a debt. I Kames' Equity, pref. Id. 410, 417. Ersk. Inst. b. 3, tit. 7, § 23. A guarantor. Brande,

In Scotch law. Suretyship. 1 Forhei' Inst, part 2, b. 3, ch. 2, tit. 3. CAVEAT* Lat. [from cavere, to take care, or beware.]. Let him beware. A formal notice, or caution, given by

Lat. In the civil and common law. To take care, to exercise caution. See Caveat emptor. To take care or provide for; to provide by law. Cavetur; provision is made, a remedy is give

Lat. [from caya, q. v.] In old English law. Cayage or kayage; a toll or duty anciently paid for landing goods at a quay or wharf. Cowell. See Kayage. C. B. An abbreviation of Commu

Lat. Ancient or great customs. Duties formerly payable in England under the statute of Confirmatio Ckartarum, by every merchant, as well native as foreign, on wool, sheepskins or w

Ceapgel. Sax. [fromceop, a beast, or other chattel, (Lat. merx, peeus, catallum,) and gild, or geld, a payment^ or forfeiture.] The payment or foneiture of a beast; a species of fo

Ceaux, L. Fr. Those. Afm, de Jerus, c. ix. Kelkam,

Lat. To yield or give up; to assign or transfer; to cede. Si quis ex sociis — bonis suis cesserit; if a partner make an assignment of his goods. Inst. 3. 26. 8. Id. 4. 6. 40. To yi

[from Lat. cedens, one who cedes or transfers.] In Scotch law. An assignor. 1 Kames' Equity, pref. Id. 403. 2 Id. 351.

Celda. L. Lat. In old English law. A chaldron. Ckaldra. Pryn. 183. Celda carbonum. Towns. PI. 172. In old Scotch law. A measure of grain; a chalder. 1 Karnes^ Equity, 215. Cowell.

Lat. In old English law. A steward of a monastery. Bract, fol. 318. Bhunt.

[Sax. cynegild; from cyn, relationship, kin, and geld, a payment.] In Saxon law. A mulct, or pecuniary composition paid by one who had killed another, to the relatives of the decea

Lat. [from Sax. cen. nung, knowledge.] In Saxon law. Notice given by a buyer to a seller, that the thing sold was claimed by another, that he misht appear and justify the sale. Add

Lat. In old English law. A farm, or house and land let at a standing rent, {ad censum.) Cowell. Blount,

Lat. Farmers. Blount. Or, according to Cowell, those who were liable to pay a tax, (census.) Cowell. Domesday, cited in Blount.

Lat. [from census, a rent or tribute.] In old European law. A species of the oblati, or voluntary vassals of churches or monasteries. Persons who paid an annual tax or quit rent ou

Lat. A dead rent; the same as mortmain. Cowell. Holthouse.

Lat. In old European law. A tax, or tribute, {tributam;) a toll. Esprit des Lois, liv. 30, c. 14. A particular tax imposed on bondmen by their masters. Id. c. 15. A yearly payment

Lat. [from centum, a hundred.] A hundred. A district or division containing originally a hundred freemen, established among the Goths, Germans, Franks and Lombards, for military an

Lat. In old records and pleadings. A hundred weight. Centenapiscium; a hundred weight of fish. Pryn, 308. Toums. PL 11 0. See Oro, Elk, 754.

Lat. [plur. of centenarius, q. v.] In old English Sflish law. The freeholders of a hundred; {liheri tenetites qui in centena degunt:) hundredors. Spelman, voc. Centena,

Lat. [Fr. centenier, from eentena, q. v.] In old European law. One of a eentena, or hundred; the head or chief of a eentena, (prcefectus centencB,) among the Goths, Germans, Franks

Lat. [from centum, a hundred.] A hundred men; hundred men. The number of men enrolled for military service from each district, among the ancient. Germans, and which afterwards beca

Lat. [from centum, a hundred.] In the Roman law. One per cent, monthly, or twelve per cent, per annum. In calculating the rate of interest, the Romans divided the principal sum int

An important court established in London in 1834, by statute 4 & 5 Will. IV. c. 36, and to which the entire criminal jurisdiction of the court of admiralty was transferred. 4 Sieph

Lat. A hundred men. The name of a Roman court consisting of a hundred judges, to whom belonged the decision of the most important questions of law, such as those relating to inheri

Fr. A fine upon acknowledgment of the right, as that which he hath of his gift; that is, upon acknowledgment of the right of the cognizee, as that which he hath of the gift of the

Carl, Churl. Sax. [L. Lat. ceorlus, cirlus, cirli9(M8,'\ A freeman of inferior rank, chiefly employed in husbandry; a husbimdman; (Lat. rusticus, paganu8,) Spelmauy voc. Ceorlus, L

Lat. (I have taken the body.) In practice. The technical name of the return made by a sheriff to a capias, that he has taken the body of the party. F, N, B, 26. 3 Bl Com, 288. 1 Ti

Lat. [from capere, to take.] Li pleading. (Took, or he took.) The emphatic word formerly used in writs of trespass for taking personal property, and in declaralions in replevin and

Lat. In old English practice. ([He] took and carried away.) The emphatic words in writs of trespass, where the writ was for dead things. F, N. B, 86 A, note. Id. 88 6. Literally tr

Lat. In pleading. [He] took in another place. The name given to a plea in the action of replevin, which should be pleaded where the defendant desires a retum of the cattle taken. 1

Breve. L. Lat. Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by a party in a suit. Reg. Orig. 182

CVmwa. L.Lat. In old English law. Ale or beer. See Cervisia.

[Lat. certus, certum.] Clear or distinct, as opposed to obscure. Steph. Pl. 380, note (a). Particular, as opposed to general. Id. ibid. 132. Limited, specified, defined, as opposed

In feudal and old English law. Such services as were stinted (limited or defined,) in quantity, and could not be exceeded on any pretence; as to pay a stated annual rent, or to plo

[L. Lat. certitudo.] In pleading. Clearness or distinctness, as opposed to obscurity or ambiguity. Particularity, as opposed to undue generality. Steph. PL 132, 880, note. Lord Cok

Lat. [irom certu9, certain, and facere, to make.] To certify; to make certain, to give information.

[L. Lat. certificatorium, from certificare, q. v.] In practice. A writing made in any court, to give notice to another court of any thing done therein. Cowell. Blount. Termes de la

In practice. A certificate granted by a judge be« fcH-e whom a cause has been trieid, stating some matter %t fact which is necessary to be. ascertained in order to fix the amount o

In maritime law. A certificate of the registration of a vessel according to the Registry Acts, for the purpose of giving her a national character. 8 Steph, Com, 274. 8 Keju Va Com.

Lat. [Certior fieri, to be made more certain; to be certified, or more distinctly informed.] In practice. A writ, used generally for the purpose of removing causes, before trial or

Lat. Certamly. Beg. Orig, 22.

Lat. [from certus, certain.] Certainty. Talis certitudo certitudinem confundit; such nice and captious pretence of certainty confounds true and legal certainty. 8 Co. 112.

[quasi certain money.] In old English law. Head money or common fine. Money paid yearly by the resiants of several manors to the lords thereof, for the certain keeping of the leet,

Lat. Certain. See Certain, [Id] certnoi est ^aod eertnai ri'ddl p«tcat. That is certain, which can be made certain, or is capable of being reduced to a certainty. 9 Co. 30i Co. Liu