A New Law Dictionary and Glossary

Criminal law in England is sometimes so termed, the crown being always the prosecutor in criminal proceedings. 4 BL Com. 2. See Pleas of the Crown,

A department belonging to the court of Queen's Bench, commonly called the crown side of the court, in which it takes cognizance of aU criminal causes, from high treason down to the

The crinainal department of the court of Queen's Bench; the civil department or branch being called the plea side, 4 BL Cam. 266. 3 Id, 42, See Crown office,

Lat. [Fr. croises, croyses.] In old English law. Signed or marked with the cross. Pilgrims to the holy land [or crusaders;] so called because they wore the sign of the cross upon t

Lat. In old European law. The trial or judgment of the cross. One of the modes of trial by which crimes were formerly attempted to be discovered or purged. i Spelmxin.

Fr. In old English law. A cry of the country. The hue and cry after offenders, as raised by the country, [i. e. the inhabitants], in the absence of the constable to whom that duty

In old English law. An ancient engine for the punishment of scolds, delinqueiit brewers and bakers. called kho iumhrel, trebucket, and coitigatary, (qq. y.) It seems to have been a

Lat. (Whom in the life.) In old English practice. A writ of entry which lay for a woman against him to whom her husband aliened her lands or tenements in his lifetime. So called fr

Lat. In the civil and common law. Neglect; negligence; carelessness; fault;— ^the opposite of diligentia, (q. y.) A term frequently used in the law of bailments, expressing a mean

Lat. In the common law. Fault; blame; misconduct; culpable conduct; conduct for which a party may be punished, or held to answer in damages or a penalty. Culpa est immiscere se rei

A word made up of two distinct words or abbreviations of words, {cul. abbrev. of culpahilis, guilty, and prit or prest, ready, i. e. to prove it,) used anciently on the arraignment

Lat. A parcel of arable land. Blount. CULVERTAGK In feudal law. Confiscation, or forfeiture of lands and goods. Cowell.

Lat. (prep.) With. See infra.

Lat. (adv.) When; whereas. Quod cum; that whereas. Reg. Orig. passim. See infra,

Lat. With the burden or charge; subject to a charge or incumbrance. 2 Powell on Devises, 673, 674. Transit terra cum oners; the land passes with the burden or incumbrance. Co, Litt

Lat. With the appurtenances. Bract, fol. 73 b. Cum eorum et cujuslihet eorum pertinentiis; with their and every of their appurtenances. Toums. PL 20. Formal words in conveyances, w

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, o

Lat. To coin. Spelman^ voc. Cuneus. Ouneatus; coined. Toums. PL 180. Cuneator.; a coiner. Id. 260.

Lat. The iron die with which metallic money is coined. Spelman. The money itself, so coined; coin. Id. Toums. PL 260. The place of coinage; a mint Spdman. Cowell. Blount.

A common abbreviation of CU-

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 co

Lat. In ecclesiastical law. Care of souls, or cure of souls, (q. V.) as it is frequently rendered.

An abbreviation of curia advisari vult, frequent in the reports. See Curia advisari vult.

[from cura, q. v.] In ecclesiastical law. Properly, an incumbent who has the cure of souls, but now generally restricted to signify the spiritual assistant of a rector or yicar in

Lat. [from curare, to take care.] In the civil law. Guardianship. The power of taking charge of, and managing the property and affairs of those who are unable or incompetent to do

Lat. [from curare, to take care, which from cura, q. v.] One who is appointed to take care of any thing for another; one who is appointed to administer the estate of any person who

Lat. In the civil law. A guardian for this [purpose]; a special guardian. Civ. Code of Lou. Art. 67, 372. CURATOR IN (or AD) LITEM. Lat. In the civil law. A guardian for the purpos

Lat. A female guardian. Bract, fol. 28 b.

[Lat. cura anima" rum.] In English ecclesiastical law. The spiritual charge of a parish, including the ordinary and regular duties of an officiating clergyman.

Curfeu. \L. Fr. couvrefeu; from couvrir, to cover, and/et*, fire; L. Lat. ignitegium,'] In old English law. A bell which rang at eight o'clock in the evening in the time of William

Lat. In the Roman law. A division of the Roman people, said to have been made by Romulus. They were divided into three tribes, and each tribe into ten curicB, making thirty curioB

Lat. The court will advise, i. c. take time to deliberate. A phrase used in the reports (and commonly abbreviated to cur. adv. vult,) to denote the suspension of judgment by the co

See Le curia daudenda.

Lat. In old English law. The court of the county; the county court, or court of the shire, (Sax. teyregemot,) in the Saxon times. See County court, Comitatus.

Lat. In old English law. The lord's court, house or hall, where all the tenants met at the time of keeping court. Coufell.

Lat. A court; the palace of a sovereign, (regia seu palatium principis.) Spelman. A sovereign's household, (familia) or court. Id. A judicial tribunal, (forum juridicum) or court,

Lat. In old Scotch law. Curtesy; the estate of tenancy by the curtesy. Skene de Verb. Signif. Crag, de Jur. Feud. lib. 2, c. 19, § 4. 2 Bl. Com. 126. 2 Wooddes. Lett. 14. See Curte

Lat. In old English law. The great court; one of the ancient names of parliament. Bract, fol. 1 b. 9 Co. pref. 1 Bl. Com. 148. The king's court, or aula regis. Crahh^s Hist. Eng. L

Lat. In old English law. The court of piedpoudre or piepouders, (q. v.) 3 BL Com. 32.

Lat. In old English law. The king's court; the supreme court of the kingdom, established by the Norman princes. Crah Vs Hist. Eng. Law, 51. Otherwise called curia m>agna, and aula

Lat. In old English law. To run; to elapse, as time, with the efifeet of limitation. Nullum tempus currit donationi regis vel contra eum in hoc casu; no time runs against the king'

Lat. It runs upon four feet; or, as sometimes expressed, it runs upon all fours. A phrase used in arguments to signify the entire and exact application of a case quoted.

Lat. A chariot or carriage. Bract fol. 168. Distinguished from carecta, and carrum.

Lat. and Eng. [clericus de eursu.] In English practice. An officer or clerk belonging to the court of chancery; "whose business is to make out all original writs. These officers ar

Lat. A ridge. Oursones terra; ridges of land. Cotoell.

Lat. [from currere, to run.] In old English law. A course or running, as of water, (cursus aquae.) Cursus carbonum; a seam of coals. Towns. Pl. 43. A course or practice. Cursus cur

or CURTESY OF ENG-

Fr. and Eng. [L. Lat. eurtilagium; from curtis, a dwelling, or curtillum, the enclosed area around it, and agere, to do; as being the place where the business of the house is done:

Lat. A curtilage. Spelman. See Curtilctge. CURTILES TERR^. L.Lat. Court lands. Cowell. See Court lands.

Lat. [from curtia, q. v.] Ip old English law. An area or space lying within the enclosure of a dwelling-house, {infra curtis, seu kabitaculi se* pimentum.) Spelman. LL. Inee, c. 40

Fr. To improve, cultivate, fence in. Britt. c. 55.

Curta, Curtus. L.Lat. [from Gr. xi/^rfg, xv Qxdi, Lat. cors, cohors, a c^e, enclosure, or enclosed space.] In old European law. A space or area about a house. Spelman. Leo Mar sic,

Lat. Cost or coats. Spelman, voc. Custagium,

[pl. CUSTAGIA; from Fr. coust, coustange.] In old English law. Cost or costs; expenses of judicial proceedings. Spelman. Sometimes translated costages.

Lat. [Ft. coustange.] Costs. See Custagium.

Lat. See De custode admittendo.

Lat See De custode amovendo.

[pi. of CUSTOS.] In old English law. Keepers, guardians. Custodes jpads; conservators of the peace. 1 Bl. Com. 349, 350. Custodes placitortim coronoB; keepers of the pleas of the c

Lat. [from custos, a keeper or guardian; L. Fr. gard^ garde.] In old English law and practice. Keepin^r, custody. In arcta et salva custodia; m close and safe custody. 3 Bl. Com. 4

Lat. To keep. Tam negligenter et improvide custodiyit ignem suum, quod domus combusta fuit; so Negligently and carelessly kept his fire, that the hoase was burnt. 5 Co. 14.

[L. Fr. coutume, custome; Lat. consuetfido,] A law, not written, established by long iisage, and the consent of our ancestors. Termes de la ley, Cowell, Bract, fol. 2. K it be univ

In English law. Such estates as owe their origin to the customs of different manors, and belong to such persons as hold their lands by copy of court roll, or tenures of the like ki

In English law. A variety of copyhold estate, the evidences of the title to which are to be found upon the court rolls; the entries declaring the holding to be according to the cus

In English law. A service due by custom from one person to another; as the service of doing suit to another's mill, where the persons resident in a particular place, by usage time

]L. Lat. custum^rii ienentes.] In English law. Such tenants as hold by the custom of the manor, as their special evidence. Termes de la ley. Copyholders belong to this class. 2 BL

A system of customs or rules relative to bills of exchange, partnership, and other mercantile matters; and which, under the name of the lex m^rcatoria, or law merchant, has been en

[L. Lat. custuma, custumce, custumice; from Fr. coustum; consuetudines.] The duties, toll, tribute or tariff payable upon merchandise exported and imported, and forming a part of t

[L. Lat. conguetudines et Bervitia^ In old English law. Services which the tenants of lands, under the feudal law, owed to their lords, and which, if withheld, the lord might resor

Particular customs within the city of London, with regard to trade, apprentices, widows, orphans and a variety of other matters. 1 Bl. Com. 75. 1 Steph. Com. 64, 66.

Lat. A game keeper. Tovms, PI, 265.

Lat. Protector of the royal granary. 2 Bl, Com, 394.

L. Lat. In old English law. Keeper of the pleas of the crown. Bract, fol. 14 b. Cowell supposes this office to have been the same with the custos rotulorum. But it seems rather to

Lat. Keeper of the rolls. An officer in England who has the custody of the rolls or records of the sessions of the peace, and also of the commission of the peace itself. He is alwa

Lat. In English ecclesiastical law. Keeper of the spirituah Ues. He who exercises the spiritual jurisdiction of a diocese, during the vacancy of the see. Cowell.

Lat. [from Fr. coustum, toll or tribute.] In old English law. Customs, duties or imposts. 1 Bl. Com, 314. Crabb's Hist, Eng, Law, 266. According to Spelman, who is supported by the

Lat. Cost, charge, expense. Olanv. lib. 1, c. 82. Ad custum tuum; at your cost. Heg. Orig. 2 b. Ad custum efus. Bract, fol. 234.

[L. Fr. cgnsour de burse, q. v.] In old criminal law. An offender answering to the modern pickpocket.

Fr. A burial place; a cemetery. Britt. c. 43.

Sax. [from cyn, kin, or relationship, and bot, a satisfaction.] In Saxon law. A pecuniary composition for killing a relative; the same with ceneyild, (q. V.) Spelman, voc. Cenegild

Fr. An old form of writing cinque. Hey. Orig. 72, regula.

Fr. A cutpurse; {celuy que la burse coupe.) Britt. c. 15.

DOCTRINE OF. The doctrine of construing written instruments as near to the intention of the parties as possible. Shep. Touch, (by Preston,) 83, 84. It is most commonly applied to t

L. Fr. So near, as near. Donques doit le feoffee, per la ley, faire estate a la feme, cy pres le condition, et auxi cy pres l'entent de le condition que il poit faire, &c. Then oug

Sax. [from eyrie, church, and bryce, a breaking, or breach.] In Saxon law. The act or crime of breaking into a church, [church breach.] LL. Eccl. Canut. Begis. Blount.

Sax. [from cyric, church, and sceat, a tribute.] In Saxon law. A tribute or payment due to the church. Cowell. Spelman, voc. Circset,

Lat. In Saxon and old English law. The name of a deed or charter among the Saxons. 1 Reeves* Hist. Eng. Law, 10. See Chirographum. A charter, written in two parts, with the word cy

Fr. and Eng. d. damage de eler; clerk's compensation; (c[. J. Lat. damna clericorum^ In old English practice. A sum of money or fee which a plaintiff recovering damages in the cour

Fr. To injure, to oppress. Kelham,

Fr. and Eng. [L. Lat. damna, q. v.] In general practice. A pecuniary compensation or satisfaction for an injury, given usually at law, but sometimes in equity. In pleading. A sum o

Fr. [L. Lat. damnosus.'] In old English law. Causmg damage or loss, as distinguished from torce- House, wrongful. BritL c. 61. There is no equivalent for this word in English, alth

Lat. [plur. of damnum, q. v.] In old English law and practice. Damages, inclusive of costs of suit. 10 Co. 116 b. Co. Litt. 257 a. Damages, exclusive of costs. 10 Co. ub. sup. Damn

Lat. [from damnare, to condemn.] In old English law. Condemned; prohibited by law, unlawful. Damnatus coitus; an unlawful connexion. Bract, fol. 5. 4>wl ex daniial* c«it« ««•cmtar

Dampner. L. Fr. To condemn. Dampner a la mart; to condemn to death. Britt. c. 5. DAMNI INJURIiE ACTIO. Lat. In the civil law. An action for mjurious damage. An action given by the

Lat. [irom damnum, q. v.l That which produces loss, as distinguished from injuriosus, or that which works a wrong. Bract, fol. 231 b.

Dampnum. Lat In pleading and old English law. Damage; loss. Ad damnum (q. v.); to the damage. Damnumfacientes; doing damage. Beg, Jud, 27. Pro damno facto; for damage done. Bract,

Lat. In the civil law. Damage; the loss or diminution of what is a man's own, either by fraud, carelessness or accident Ifeinecc. JSlem, Jur, Civ, lib. 8, tit. 14, § 784. Hallifax

Lat. A loss without a wrong; that kind of damage for which an action will not lie. Vmu •mm» dsmiMBA ladacit ia Jvr UiBi. It is not every loss that produces an injury. Bract, fol. 4

Lat. In the civil law. Fatal damage; damage from fate; loss happening from a cause beyond human control, (quod ex fato contingit,) and for which bailees are not liable; such as shi

Lat. The old form of writing damnum. Stat. Marlbr. c. 1. Bract. fol. 98 b. So in the derivatives and compounds, dampnificare, condempnare, indempnis; and in the Fr. dampner, sdempn

Denelage. [L. Lat. Danelaga, Denelaga; from Dane, and Sax. lage, law.] A system of laws introduced by the Danes on their invasion and conquest of England, and which was principally