The Cyclopedic Law Dictionary

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

Head fields; lands lying at the head or upper end of furrows, etc. CAPITULUM EST CLERICORUM CONgregatlo sub uno decano In ecclesia cathedral!. A chapter is a congregation of clergy

See "Capias pro Fine."

One of the regalia or ornaments of state belonging to the sovereigns of England, before whom it is carried at the coronation and other great solemnities. Caps of maintenance are al

In old records. A cap. Cappa honoris, the cap of honor. One of the solemnities or ceremonies of creating an earl or marquis. Bacon's Works, v. 474. CAPTAIN (Lat. capitaneus; from c

In French law. Undue Influence; the act of one who succeeds in controlling the will of another, so as to become master of it. It is generally taken in a bad sense. Captation takes

A person who obtains a gift or legacy through artifice. Rapalje & L. CAPTIO (Lat. from capere, to take). In old English law and practice. A taking or seizure of a thing, as an anim

(1) A taking, or seizing; an arrest. The word is no longer used in this sense. (2) The heading of a legal instrument^ in which is shown when, where, and by what authority it was ta

One who has taken property

The taking of property by one belligerent from another. See 6 Allen (Mass.) 373. It is a taking by the military power, as distinguished from a taking by the civil power, which is k

In Civil Law. Status; a person's civil condition. According to the Roman law, three elements concurred to form the status or caput of the citizen, namely, liberty, libertas, citize

PRINCIPIUM, ET FINIS. The head, beginning, and end. A term applied in English law to the king, as head of parliament. 4 Inst. 3; 1 Bl. Comm. 188.

Head money; the payment of head money. Spelman; Cowell.

In old English law. A head of land; a headland. Cowell, voc. "Buttum."

A dead head; a thing void for all purposes. See 96 U. S. 195.

In old English law. The head of a port. The town to which a port belongs, and which gives the denomination to the port, and is the head of it. Hale, de Jure Mar. pt. 2, c. 2; 4 Tau

In old English law. A kind of raft or boat. Spelman.

A weight equal to three and one-

In French law. An instrument of punishment, somewhat resembling a pillory. It sometimes signifies the punishment itself. JSiret, Vocab.

In old E}nglisb law. A prison or workhouse.

In old English law. To load; to load a vessel (in navibus carcare). Reg. Orig. 279.

Loaded; freighted. Flet, lib. 1, c. 25, § 9.

Prison fees.

A prison or gaol. Strictly, a place of detention and safe-keeping, and not of punishment. Burrill. CARCER AD HOMINES CUSTODIENdos, non ad puniendos, dari debet. A prison ought to b

In ecclesiastical law. The title given to one of the highest dignitaries of the court of Rome. Cardinals are next to the pope in dignity, and he is elected by them. There are cardi

In criminal law. Small rectangular pasteboards, generally of a fine quality, on which are painted figures of various colors, and used for playing certain games. See 4 Pick. (Mass.)

Charge or oversight; diligence. See "Negligence." The 'word "care," used in a statute defining embezzlement, is equivalent to "custody," and may mean "charge," "safekeeping," or "s

CARINA, or CARRENA (Law Lat.; from Fr. quarante, forty). In old ecclesiastical law. A period of forty days. Of the same meaning as quarentena. (Fr.

The words "care of" written on a box delivered to a carrier for transportation merely mean that if the consignee named could not be found the goods might be delivered into the care

CARRETA, or CARECTA. A cart; a cartload. In Magna Charta (9 Hen. III. c. 21) it is ordained that no sheriff shall take horses or carts (careta) without paying the ancient livery th

In Spanish law. An incumbrance; a charge. White, New Recop. bk. 2 tit. 13, c. 2, § 2.

In old English law. To charge. Spelman.

In martime law. The entire load of a ship or other vessel. 1 Mason (U. S.) 142. "Not the property on board belonging exclusively to the shipowner, but all the property constituting

Dearth or scarcity.

Tables of life expectancy, compiled jn about 1780, at Carlisle, England. They are admissible in evidence on questions of expectancy.

The purpose of the Carmack amendment to the Hepburn Act was to do away with the diflnculties shippers had encounteired in seeking to recover damages to property carried over more t

In the Roman law. Literally, a verse or song; a formula or form of words used on various occasions, as of divorce. Tayl. Civ. Law, 349.

Sexual connection. The term is generally, if not exclusively, applied to the act of the male. The term is a technical one, and has been always held adequate to express the idea of

A technical phrase essential in an indictment to charge the defendant with the crime of rape. No other words nor circumlocution will answer. 1 Hale, P. C. 632; 1 Chit. Crim. Law, 2

An immunity or privilege. Cowell.

One who undertakes to transport goods from one place to another. 1 Pars. Cont. 632. They are either "common" or "private." Private carriers incur the responsibility of the exercise

or CARRAOLE. A ship of great burden.

See "Asportation."

A verdict or decision "carrying costs" is one entitling the party in whose favor it is made to tax costs thereon.

A carriage for luggage or burden, with two wheels, as distinguished from a wagon, which has four wheels. Worcester. The term has been held to include fourwheeled vehicles, to carry

A charter (g. v.) Any written instrument. In Spanish Law. A letter; a deed; a power of attorney. Las Partidas, pt. 3, tit. 18, lib. 30.

See "Charta de Foresta."

An allowance to the tenant of wood sufficient for carts and other instruments of husbandry. 2 Bl. Comm. 35.

In French marine law. A chart. Ord. Mar. liv. 1, tit. 8, arts. 2, 3.

A white card signed at the bottom with a person's name, and soraeitimes sealed, giving another person power to superscribe what conditions he pleases. Applied, generally, in the se

An agreement between two belligerent powers for the delivery of prisoners or deserters, and also a written challenge to a duel. any proposals between hostile powers. She must carry

Persons who carry goods and merchandise in carts, either for great or short distances, for hire.

A taxation of land by the caruca or carue. The caruca was as much land as a man could cultivate in a year and a day with a single plough (caruca). Carucage, earugage, or carnage wa

A certain quantity of land, used as the basis for taxation. As much, land as may be tilled by a single plough in a year and a' day. Skene de Verb. Sign. A team of cattle; a cartloa

or CASSATA. In old European law. A house with land sufficient for the support of one family. Otherwise called "hida," a hide of land, and by Bede, "Familia." Spelman, voc. "Casa."

In old European law. A vassal or feudal tenant possessing a casata (q. v.), that is, having a house, household, and property of his own. The cassati embraced both bond and free ten

A question before a court of justice. 88 111. App. 199. Any state of facts which furnishes occasion for the exercise of the jurisdication of a court of justice or any question cont

A statement of facts agreed upon by the parties, and submitted to the court, in order to obtain a decision upon the points of law involved, without going through the forms of a reg

In English divorce and probate practice, when a party desires to make a motion, he must file, among other papers, a case for motion, containing an abstract of the proceedings in th

The law evidenced by or derived.from the reported decisions. The law established by the force of such decisions as precedents, as distinguished from the reasons or philosophy of th

In American Practice. Especially in states having reformed Codes of Procedure, a printed document prepared by an appellant, containing the substance of the evidence and proceedings

A statement in writing of the facts proved on the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervision of the judge,

In practice. A statement of all the facts of a case, with the names of the witnesses, and a detail of the documents which are to support them; a brief. An agreement in writing, bet

In practice. A case prepared by the party against whom a verdict has been given, upon which to move the court to set aside the verdict, and grant a new trial. Graham, Prac. 330; 1

That which circulates as money. It is generally held to include bank notes. 9 Johns. (N. Y.) 120; 10 Wheat. (U. S.) 347. But see 3 Halst. (N. J.) 172. Treasury notes (3 Conn. 534)

A book in which a merchant enters an account of all the cash he receives or pays. An entry of the same thing ought to be made, under the proper dates, in the journal. The object of

An officer of a moneyed Institution, or of a private person or firm, who is entitled by his office to take care of the cash or money of such institution, persons, or firm. In Milit

In the language of the commercial world, the term "cash sale" is used to designate sales where the purchaser is to have a short credit, as for example, ten days, or even thirty day

To quash; to render void; to break.

In French law. A decision emanating from the sovereign authority, by which a decree or judgment in the court of last resort is broken or annulled. See "Cour de Cassation."

or QUOD BILLA cassetur (Lat. that the bill be quashed). In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by bill (bill

or CASTELLANUS. The keeper or captain of a fortified castle; the constable of a castle. Spelman; Termes de la Ley; Blount. CA8TELLARIUM, or CASTELLATUS. In old English law. The pre

In old Engcastles and public places of defense. Towards this some gave their personal ser\^ ice, and others, a contribution of money or goods. This was one branch of the trinoda ne

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 barbarous punishm

In old English practice. Offering, alleging; thus, casting an essoign was alleg^ing an excuse for nonappearance.

The deciding vote In a deliberative or parliamentary body, cast by the presiding officer in the event of a tie. It sometimes signifies only such a vote, and sometimes the double vo

CASTLEGARD, or CAStleward (Law Lat. castelgardum, castelli guardia, wardum castri, custodia castri). In feudal and old English law. The defense or guard of a castle; otherwise call

In criminal law. The act of gelding. When this act is maliciously performed upon a man, it is a mayhem, and punishable as such, although the sufferer consented to it. 2 Bish. Crim.

In practice. The person supposed to perform the fictitious ouster of the tenant of the demandant in an action of ejectment. See "Ejectment."

Occasional, irregular or incidental employment in contradistinction from stated or regular. 277

A phrase used to denote (in contradistinction to "preappoint- 'ed evidence") all such evidence as happens to be adducible of a fact or event, but which was not prescribed by statut

A poor person who, in England, applies for relief in a parish other than that of his settlement. The ward in the workhouse to which they are admitted is called the "casual ward." R

In Scotch law. Certain emoluments arising to the superior lord in regard to the tenacy. They resemble the "incidents" to the feudal tenure at common law. They take precedence of a

Inevitable accident. TJn foreseen circumstances not to be guarded against by human agency, and in which man takes no part. Story, Bailm. § 240; 1 Pars. Cont. 543-547.

See "Consimili Casu. CASU PROVISO (Lat. in the case provided for). In practice. A writ of entry framed under the provisions of the statute of Gloucester (6 Edw. I.) c. 7, which lay

An occurrence giving rise to or justifying war. CASUS FOEDERIS (Lat.) In international law. A case within the stipulations of a treaty. The question whether, in case of a treaty of

A chattel. See "Catalla." The word is used more frequently in the plural, catalla, but has then the same signification, denoting all goods, movable or immovable, except such as are

Goods and chattels. See "Catalla." Rapalje & L.

A tenant in capite; a tenant holding immediately of the crown. Spelman.