The Cyclopedic Law Dictionary

In Spanish law. A portion of spoils taken or lands conquered in a war, granted to a horse soldier. Diet. Span. Acad.; 12 Pet. (U. S.) 444, note. A quantity of land, varying in exte

Certain officers who, taken collectively, form a council or advisory board; as the cabinet of the president of the United States, which is composed of the secretary of state, the s

A private and confidential assembly of the most considerable ministers of state, to concert measures for the administration of public affairs; first established by Charles I. Whart

In forest law. Brush-wood. According to Spelman, windfallen wood. Spelman, voc. "Cablicia."

or CACHERELLAS. Ad inferior bailiff, or catchpoll. Jacob.

In Spanish law. Lands held in entail by the caciques in Indian villages in Spanish America.

In Spanish law. The 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. 1

In French law. Same as cadastre (q. V.) CADERE (Lat.) To fall; to fail; to end; to terminate. The word was generally used to denote the termination or failure of a writ, action, co

A Turkish civil magistrate.

(Lat. cadere, to fall). In civil law. An inheritance; an escheat; everything which falls to the legal heir by descent. By some writers, bona eaduoa are said to be tiiose to which n

Other things being equal. CAETERIS TACENTIBUS (Lat.) The others being silent; the other judges expressing no opinion. Comb. 186. A phrase in the old reports. CAETERORUM (Lat.) Of t

A right to take fuel yearly. Blount.

An almanac. Julius Caesar ordained that the Roman year should consist of three hundred and sixty-five days, except every fourth year, which should contain three hundred and sixty-s

A month as measured by the calendar, as distinguished from a business month (thirty days), or a lunar month (twenty-eight days).

Among the Romans, the first day of every month, being spoken of by itself, or the very day of the new moon, which usually happen together. And if pridie, the day before, be added t

An official declaration by the proper corporate authorities that the whole or a specified part of the subscriptions to the capital stock is required to be paid. 156 111. App. 519.

The calling In court of the names on the jury list when a jury is to be selected and impanelled.

A formal method of causing a nonsuit to be entered, the plaintiff absenting himself from the courtroom, and the case being dismissed for his nonappearance after he has been called

Conferring the degree or dignity of barrister upon a member of the Inns of Court. Holthouse.

or CAUPE. In old Scotch law. A gift of a horse, or other thing, made by a man in his lifetime and liege poustie (lawful power), to the chief of his clan or other superior, for his

or CALUIVIPNIA (Law Lat.) In Old English Law and Practice. A claim or demand (vindicatio; law Lat. clameus). Spelman. The demand of a right in anything (juris in re aliqua postulat

In civil law. Persons who accuse others, whom they know to be innocent, of having committed crimes.

Defamation. In old practice. The unjust prosecution or defense of a suit. See 30 Ohio St. 117.

In Spanish law. A treasury. Las Partidas, pt. 6, tit. 3, lib. 2. The exchequer. White, New Recop. bk. 3, tit. 8, c. 1.

or CAMBELLARIUS (Lat.) In old law. A chamberlain. Spel-

In old English law. An exchanger. Cambiatores monetae, exchangers of money; money changers. Fleta, lib. 1, c. 22, § 7.

Blxchange.

Champerty.

A champertor.

A person skilled in exchange; one who deals or trades in promissory notes or bills of exchange; a broker.

Change; exchange. Applied in the civil law to exchange of lands, as well as of money or debts. Du Cange. Cambium reale or manuale was the term generally used to denote the technica

The science of finance or public revenue, comprehending the means of raising and disposing of it. Wharton.

A chamberlain; a keeper of the pubic money; a treasurer. Spelman, voe. "Cambellarius;" 1 Per. & D. 243.

The exchequer chamber. Spelman.

The star chamber.

In Spanish law. A road or highway. Las Partidas, pt. 3, tit. 2, lib. 6.

In old European law. A bell. Spelman.

A small hand bell used in the ceremonies of the Roman Catholic church, and, among Protestants, by sextons, parish clerks, and criers. Cowell.

or CAMPANILE. A belfry, bell tower or steeple; a place where bells are hung. Spelman; Towns. PI. 191, 213.

A part or portion of a larger field or ground, which would otherwise be in gross or in common; champerty.

The popular name for Act 9 & 10 Vict. c. 93, by which (as amended by St. 27 & 28 Vict. c. 115) an action for damages is given for the benefit of the wife, husband, parent, grandpar

or CAMPIPARS (Law Lat; Fr. champert). In old English statutes. A share or division of land, or other thing; champerty.

In old English law. The fighting of two champions or combatants in the field (campus); the judicial combat, or dwellum. 8 Inst. 221. CAMPUS (Lat. a field). A share or division of l

An artificial cut or trench In the earth, for conducting and confining water to be used for transportation.

Chancery; the court of chancery. Curia cancellaria is also used in the same sense. See 4 Bl. Comm. 46; Cowell.

The act of crossing out a writing; the manual operation of tearing or destroying a written instrument. 1 Eq. Cas. Abr. 409; Roberts, Wills, 367, note. Revocation or annulment of an

In old English law. A cancelling. Bracton, 398b; Fleta, lib. 6, c. 34, § 5.

The rails or balusters inclosing the bar of a court of justice or the communion table; also the lines drawn on the face of a will or other writing, with the intention of revoking o

A festival appointed by the church to be observed on the second day of February in every year, in honor of the purification of the Virgin Mary, being forty days after her miraculou

A trial by hot iron, formerly in use in England. Jacob.

(1) A prebendary, or member of a chapter of the Church of England. All members of chapters except deans are now to be entitled "canons," in England. 3 Steph. Comm. 67, note; 1 Bl.

A body of ecclesiastical law, which originated in the church of Rome, relating to matters of which that church has or claims jurisdiction. A canon is a rule of doctrine or of disci

An ecclesiastical benefice attaching to the office qf canon. Holthouse.

or CANONS of descent. The legal rules hy which Inheritances are regulated, and according to which estates are transmitted by descent from the ancestor to the heir. 2 Bl. Comm. 208;

In the civil law. A judicial sale at the request of tenants in common for the purpose of dividing the property. See 9 Mart. (La.) 87. CANT EL (Law Lat. eantellum velut quarotillum)

The act of examining the returns of votes for a public officer,

Ability, power, qualification, or competency of persons, natural or artificial. 2 Comyn. Dig. 294; Dane, Abr. (1) Natural power or competency to perform an act, as capacity to cont

Capacity to contract.

A judicial writ touching a plea of lands and tenements. The writs which bear this name are of two kinds, namely, cape magnum, or grand cape, and cape parvum, or petit cape. The pet

A species of cape magnum. See "Cape."

In Old Records. A box, cabinet, or repository in which were preserved the relics of martyrs. Spelman. A small building in which relics were preserved; an oratory or chapel. Id. In

Vessels of war owned by private persons, and different from ordinary privateers only in size, being smaller. Beawes, Lex. Merc. 230. CAPIAS (Lat. capere to take; capias, that you t

A writ issued, in a case of misdemeanor, after the defendant has appeared and is found guilty, to bring him to judgment if he is not present when called. 4 Sharswood, Bl. Comm. 368

A writ which issued in the action of account render upon the judgment quod computet, when the defendant refused to appear in his proper person before the auditors and enter into hi

A writ commanding the sheriff to take the body of the defendant, if he may be found in his bailiwick or county, and him safely keep, so that he may have him in court on the day of

A judicial writ of execution, which issues out on the record of a judgment by which the sheriff is commanded to take the body of the defendant in execution, and him safely to keep,

A writ of execution issuable in England against a debtor to the crown, which commands the sheriff to "take" or arrest the body, and "cause to be extended" the lands and goods of th

A writ directing the sheriff to take other goods of a distrainor equal in value to a distress which he has formerly taken and still withholds from the owner beyond the reach of pro

A writ which Issuefl against a defendant who had been lined, and did not discharge the fine according to the judgment. The object of the writ was to arrest a defendant against whom

A writ directing the arrest of an outlaw. If general, it directs the sheriff to arrest the outlaw, and bring him before the court on a general return day. _ If special, it directs

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 found a

(1) The amount of money invested in a business; the fund dedicated to a business to support its credit, to provide for contingencies, to suffer diminution from losses, and to deriv

One for which the punishment of death is inflicted.

A thing which is stolen, or the value of. it. Blount. A beast or other animal considered as property; hence, according to Spelman, the term "chattel."

In old English law. Chief, principal; at the head. A term applied to

In old English law. Chief baron. Capitalis baro scaccarii domini regis, chief baron of the exchequer. Towns. PI. 211.

Chief warden or magistrate; mayor. Pleta, lib. 2, c. 64, § 2.

The chief or principal debtor, as distinguished from a surety (plegius). Called principalis. Fleta, lib. 2, c. 63, § 5.

Chief lord. Pleta, lib. 1, c. 12, § 4; Id. c. 28, § 5.

The chief justiciary; the principal minister of state, and guardian of the realm in the king's absence. This office originated under William the Conqueror, but its power was greatl

A chief pledge; a head borough. Fleta, lib. 2, c. 52, & 5.

A chief rent (q. V.)

A headland; a piece of land lying at the head of other land.

The punishment of death.

The sum, divided into shares, which is raised by mutual subscription of the members of a corporation. It is said to be the sum upon which calls may be made upon the stockholders, a

He who held his land or title directly from the king himself. A commander or ruler over others, either in civil, military, or ecclesiastical matters. A naval commander. This latter

In old law, and surveys. To head, front, or abut; to touch at the head, or end. Cowell, voc. "Laterare." CAPITAS DEMINUTIO (or DIMINUTIO) (Lat.) In the civil law. The loss of a mut

See "Capita."

In the civil law. One who had suffered the capitis diminutio. Dig. 4. 5.

The highest or most comprehensive loss of status. This occurred when a man's condition was changed from one of freedom to one of bondage, when he became a slave. It swept away with

A lesser or medium loss of status. This occurred where a man lost his rights of citizenship, but without losing his liberty. It carried away also the family rights.

The lowest or least comprehensive degree of loss of stattis. This occurred where a man's family relations alone were changed. It happened upon the arrogation of a person who had be

A covering for the head, mentioned in St. 1 Hen. IV., and other old statutes, which prescribed what dresses shall be worn by all degrees of persons. Jacob.

Collections of laws and ordinances drawn up under heads or divisions. Spelman. The term is used in the civil and old English law, and applies to ecclesiastical law also. Du Cange.

Specific and minute schedules, or capitula itineris.

A register of mortgages made to the Jews. 2 Bl. Comm. 343; Crabb, Hist. Eng. Law, 130 et seq.

Schedules of inquiry delivered to the justices in eyre before

Assemblies or chapters, held by rural deans and parochial clergy, within the precinct of every deanery, which at first were every three weeks, afterwards once a month, and more sol

In French Law. A collection of laws and ordinances orderly arranged by divisions. The term is especially applied to the collections of laws made and published by the early French e

(1) The treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. (2) In civil law. An agreement by