The Cyclopedic Law Dictionary

An agreement made with an heir expectant for the purchase of his expectancy at an inadequate price. Any agreement, whether by sale, mortgage, or post obit bond, on insufficient con

Land in Norfolk, so called because it is not known to what parish it belongs, and the minister who first seizes the tithes of it, by right of preoccupation, enjoys them for that ye

or CATCHPOLL. A name! formerly given to a sheriff's deputy, or to a constable, or other officer whose duty it is to arrest persons. He was a sort of sergeant. The word is not now i

In ecclesiastical law. A tract set apart for the service of the church. The church of the bishop; so called from the fact that his cathedra or official chair is therein located.

In Scotch law. A creditor whose debt is secured on several parts or all of his debtor's property. Such a creditor is bound to take his payment with reference to the rights of the s

Act 10 Geo. IV. e. 7. This act relieves from disabilities and restores all civil rights to Catholics, except that of holding ecclesiastical offices and certain high state offices.

In Roman law. The rule which is commonly expressed In the maxim, Quod ab initio non valet tractu technical (or other) legal defect will not become valid merely by length of time. T

From law Latin capitalia. Beasts subject of ownership at common law; domestic animals, useful as food or for labor. The term "cattle" includes horses and asses as well as domestica

A customary proportionate right of pasture enjoyed in common with others. The right is measured not by the number of cattle to be pastured, but by reference to the rights of others

A land's end, or the bottom of a ridge in arable land. Cowell. CAULCEIS (Law Fr.) A word used in old statutes (6 Hen. VI. c. 5) to signify causeways, or causeys. From the latin cal

In the civil law. An inn or tavern. Inst. 4. 5. 3; Dig. 4. 9. 1. 5.

Italian merchants who came into England in the reign of Henry

The immediate cause; the last link in the chain of causation. Rapalje & L.

In the civil law. Consideration given and not followed, that is, by the event upon which it was given. The name of an action by which a thing given in the view of a certain event w

VITAE, LIBERTATIS, fisci sunt inter favorabilia in lege. Causes of dower, life, liberty, revenue are among the things favored in law. Co. Litt. 341.

For the purpose of being entertained as a guest. 4 Maule & S. 310. CAUSA JACTITATIONIS MARITAGII (Lat.) A form of action which anciently lay against a party who boasted or gave out

You signify to us the reason. In old English practice. A writ addressed to a mayor of a town, etc., who was by the king's writ commanded to give seisin of lands to the king's grant

In anticipation of death. See "Donatio Causa Mortis."

The reason is open, obvious,'plain, clear, or manifest. A common expression in old writers. Perk. c. 1, §§ 11, 14, 97. Causa patet ex praemissis, the reason is plain from the premi

A remote cause.

The reason of the knowledge is evident. A technical

A necessary case; one without which the effect would not have been produced.

An immoral cause. CAUSA VAGA ET INCERTA NON EST causa ratlonabllis. A vague and uncertain cause is not a reasonable cause. 5 Coke, 57.

Books kept in the central office of the English supreme court, in which are entered all writs of summons issued in the office. Rules of Court, v. 8.

An official list of actions, demurrers, petitions, appeals, etc., set down for trial or argument in open court. Similar to the American "calendar" or "docket" {g. V.)

The thing done or omitted to be done which confers the right upon the other to sue — that is, the wrong against the plaintiff which caused a grievance. Matter for which an action m

In the civil law. A pleader; one who argued a cause ore terms. Code, 2. 6. 6. There was a distinction between eausidicus and advocatus (q. v.) CAUTELA (Lat.) Care; precaution vigil

Security given by the oath of the party. Inst. 4. 11. 2; 1 Mackeld. Civ. Law, p. 176, § 184; T. Raym. 226, arg.

or CAUTION. In Civil Law. Security given for the performance of anything. A bond whereby the debtor acknowledges the receipt of money, and promises to pay it at a future day. -^In

Security by means of bonds or pledges entered into by third parties. Du Cange.

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

In English ecclesiastical law. A writ that lies against a bishop who holds an excommunicated person in prison for contempt, notwithstanding he offers sufficient caution or security

A surety; a bondsman. One who binds himself in a bond with the principal for greater security. He is still a cautioner, whether the bond be to pay a debt, or whether he undertake t

In French law. The same as becoming surety in English law.

In Scotch law. Suretyship. The obligation of suretyship. CAVEAT (Lat. let him beware). In Practice. A notice not to do an act, given to some officer, ministerial or judicial, by a

A pledge by deposit of goods.

Security for costs or expenses. This term is used among the civilians (Nov. 112, c. 2), and generally on the continent of Europe. In nearly all the countries of Europe, a foreign p

Security, which tenants for life give, to preserve the property rented free from waste and injury. Ersk. Inst. bk. 2, tit. 9, § 59. the best he can afford in order to obtain a susp

An abbreviation for curia advisari vult (<1- v.)

One who files a caveat.

Let the seller beware. Lofft, 328; 18 Wend. (N. Y.) 449, 453; 23 Wend. (N. Y.) 353; 2 Barb. (N. Y.) 323; 5 N. Y. 73, 82.

Beware of fragments. Bac. Aph. 26. CAVE RE (Lat.) In the civil and common law. To take care; to exercise caution. See "Caveat Emptor." To take care or provide for; to prove by law.

In old English law. A quay, kay, key, or wharf. Cowel.

A toll or duty paid the king for landing goods at some quay or wharf. The barons of the Cinque Ports were free from this duty. Cowell.

A bargain; anything for sale; a chattel; also cattle, as being the usual medium of barter. Sometimes used instead of ceapgild (q. v.)

Payment of an animal. An ancient species of forfeiture. Cowell; Spelman.

To assign; to transfer. Applied to the act by which one state or nation transfers territory to another.

An assignor; the assignor of a chose in action. Karnes, Eq. 43.

In Spanish law. A written obligation, under private signature, by which a party acknowledges himself indebted to another in a certain sum, which he In order to obtain judgment on s

(Fr.) In French law. A note in writing. Poth. Obi. pt. 4, c. 1, art. 2, § 1.

The solemn act by which a man and woman take each other for husband and wife, conformably to the rules prescribed by law.

A butler in a monastery; sometimes in universities called "manciple" or "caterer."

A place or ground set apart for the burial of the dead. 121 111. 210.

Small pieces of wood laid in the form of tiles to cover the roof of a house; shingles. Cowell.

In Saxon law. A pecuniary mulct or fine paid to the relations of a murdered person by the murderer or his relations. Spelman.

A notice given by a buyer to a seller that the things which had been sold were claimed by another, in order that he might appear and justify the sale. Blount; Whishaw. The exact si

In Canadian law. An annual payment or due reserved to a seignioi; or lord, and imposed merely in recognition of his superiority. Guyot, Inst. c. 9.. The land or estate so held is c

In old English law. Farmers, or such persons as were liable to pay a census (tax). Blount; Cowell.

In the Roman law. To ordain; to decree. Dig. 50. 16. 111.

See "Cens."

See "Cenp."

In Spanish and Mexican law. An annuity; a ground rent; the right which a person acquires to receive a certain annual pension, for the delivery which he makes to another of a determ

In Spanish and Mexican law. A censo (g. v.) is called "consignativo" when he who receives the money assigns for the payment of the pension (annuity) the estate the fee in which he

In Spanish and Mexican law. An emphyteutic annuity. That species of censo (annuity) which exists wliere there is a right to require of another a certain canon or pension annually,

In old European law. A species of oblati or voluntary slaves of churches or monasteries; those who, to procure the protection of the church, bound themselves to pay an annual tax o

In Roman law. They have decreed. The term of art, or technical term for the judgment, resolution, or decree of the senate. Tayl. Civ. Law, 566.

or CENSUMORTHIdus. A dead rent, like that which is called "mortmain." Blount; Cowell. CENSUS (Lat. censere, to reckon). An official reckoning or enumeration of the inhabitants and

In English law. The royal revenue. 1 BI. Comm. 306. CENT (Lat. centum, one hundred). A coin of the United States, weighing seventytwo grains, and composed of eighty-eight per centu

(Law 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 milita

In English law. A court which has jurisdiction of all cases of treason, murder, felony, or misdemeanor committed within the city of London and county of Middlesex, and certain part

The central office of the supreme court of judicature in England is the office established in pursuance of the recommendation of the legal department's commission (2d Rep. 23, 47)

One hundred; one hundred years. One hundred men. The Romans were divided in "centuries," as the English were formerly divided into "hundreds."

A tenant at will of free condition, who held land of the thane on condition of paying rent or services. A freeman of inferior rank occupied in husbandry. Spelman. Those who tilled

In old English law. The stumps or roots of trees which remain in the ground after the trees are felled. Fleta, lib. 2, c. 41, § 24.

In old English law. A payment to provide candles in the church. Blount.

Ale or beer. Rapalje & L.

ET narratio et certum fundamentum, et certa res quae deducitur in judicium. The intention, count, foundation, and thing, brought to judgment, ought to be certain. Co. Litt. S03a.

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

In Contracts. Distinctness and accuracy of statement. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12. 1. 6. It is unce

In old English law. A certain thing. Pleta, lib. 2, c. 60, §§ 24, 25.

In practice. A writing made in any court, and properly authenticated, to give notice to another court of any thing done therein. A written statement, by a person having an official

TRIAL BY. This is a mode of trial now little in use. It is resorted to in cases where the fact in issue lies out of the cognizance of the court, and the judges, in order to determi

In English practice. The certificate by the common-law judges of their opinion of a question referred to them by the chancellor.

A writ granted for the re-examination or retrial of a matter passed by assizes before justices. Pitzh. Nat. Brev. 181. It is now entirely obsolete. 3 Sharswood, Bl. Comm. 389. Cons

See "Judge's Certificate."

A certificate issued by a bank that the person named has a specified sum on deposit to his order in the bank.

The sole office or function of a certificate of evidence in chancery causes, as its very name implies, is to truly set forth the evidence offered, rejected, received and considered

A certificate that a ship has been registered as the law requires. 3 Kent, Comm. 149. Under the United States statutes, "every alteration in the property of a ship must be indorsed

A certificate that a person named is the owner of a specified number of shares of stock in a corporation.

In Scotch law. A notice to a party in a suit that, if he fail to do something, certain consequences will follow. Paterson, Comp.

A check which has been recognized by the proper officer as a valid appropriation of the amount of money therein specified to the person therein named, and which bears upon itself t

To testify to in writing; to make known or establish as a fact. 200 111. 243.

In practice. A writ issued by a superior to an inferior court of record, requiring the latter to send -in to the former some proceeding therein pending, or the records and proceedi

The head money given by the tenants of several manors yearly to the lords, for the purpose of keeping up certain inferior courts. Called in the ancient records certum letae (leet m

Ale. Cervisarius, an alebrewer; an ale-house keeper. Cowell; Blount. CERVUS (Lat.) A stag or deer.

In Spanish lav. An assignee. White, New Recop. 304.

An assessment or tax. In Ireland, it was anciently applied to an exaction of victuals, at a certain rate, for soldiers in garrison. Wharton. In Old English Law. To cease. Hale, Ana

et Ipsa lex. Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. 4 Coke, 38; 7 Coke, 69; Co. Litt. 70b, 122a; Broom, Leg. Max.

CESsat derlvativus. The primary state ceasing, the derivative ceases. 8 Rep. 34; Broom, Leg. Max. (3d London Ed.) p. 438; 4 Kent, Comm. 32. CESSAVIT PER BIENNIUM (Lat. he has cease