The Cyclopedic Law Dictionary

Where a particular estate is conveyed to several persons in common, and, upon the termination of the interest of either of them, his share is to remain over to the rest, and the re

These were rules where each of the opposite litigants obtained a rule nisi, as the plaintiff to increase the damages, and the defendant to enter a nonsuit. Wharton,

In English law. Criminal prosecutions.

Questions of law reserved on the trial of criminal cases at assize for consideration of the court of criminal appeal.

or CROUNER. In old Scotch law. Coroner; a coroner. Skene de Verb. Sign.

Criminal law; the crown being the prosecutor.

The criminal side ol the court of king's bench. The king's attorney in this court is called "master of the crown office." 4 Bl. Comm. 308.

One of the offices of the English high court of chancery, now transferred to the high court of justice. The principal official, the clerk of the crown, is an officer of parliament,

A paper containing the list of criminal cases which await the hearing or decision of the court, and particularly of the court of queen's bench; and it then Includes all cases arisi

The criminal side of the court of king's bench. Distinguished from the pleas side, which transacts the civil business. 4 Bl. Comm. 265.

la England, the solicitor to the treasury acts, in state prosecutions, as solicitor for the crown in preparing the prosecution. In Ireland there are officers called "crown solicito

In old English law. Marsh land. Blount.

In old English law. Signed or marked with a cross. Pilgrims to the holy land, or crusaders. So called because they wore the sign of the cross upon their garments. Spelman, voc. "Cr

To constitute grounds for divorce under the statutory provision, must be such as results in actual injury or creates reasonable apprehension of danger of such injury. 175 Mass. 7.

Within the meaning of the civil code is the vrilful infliction of pain, bodily or mental, upon another, such as reasonably justifies an apprehension of danger to life, limb, or hea

A voyage or expedition in quest of vessels or fleets of the enemy which may be expected to sail in any particular track at a certain season of the year. The region in which these c

or CRY DE PAIS. A hue and cry raised by the country. This was allowable, in the absence of the constable, when a felony had been committed.

See "Crier."

Cum testamento annexo. A species of administration (g. v.) CABAL (Hebrew, cabala, tradition; or Fr. cabale, intrigue). (1) A hidden or imaginary art practiced by the Jews. 1 Hall.

An engine or machine for the punishment of scolds and unquiet women. Called, also, a "trebucket," "tumbrill," and "castigatory." Bakers and brewers were formerly also liable to the

EA QUOque concessa esse videntur sine quibus Jurisdictlo explicarl non potest. To whom jurisdiction is given, to him those things also 2; 1 Wooddeson, Lect. introd. Ixxi; 1 Kent, C

EIDEM ET vendendi et concedendl jus est. He who has a right to give has also a right to sell and to grant. Dig 50. 17. 168. CUI LICET QUOD MAJUS NON DEBET quod minus est non licere

The laying up a ship in a dock for repair. Cowell; Blount.

A fault; negligence. Jones, Bailm. 8. Culpa is to be distinguished from dolvs, the latter being a trick for the purpose of deception, the former merely negligence. There are three

QUI SCIT, SED PROHIbere non potest. He Is clear of blame who knows, but cannot prevent Dig. 50. 17. 50. CULPA EST IMMISCERE SE REI AD SE non pertinentl. It is a fault to meddle wit

Let the punishment be proportioned to the crime. Branch, Princ.

Gross neglect is equivalent to fraud. Dig. 11. 6. 1.

A fault binds its own authors. Ersk. Inst. bk. 4, tit. 1, § 14; 6 Bell, App. Cas. 539. CULPABILIS (Lat.) Guilty.

A person who is guilty, or supposed to be guilty, of a crime. When a prisoner is arraigned, and he pleads not guilty, in English practice, the clerk, who arraigns him on behalf of

In old" Scotch law. A species of pledge or cautioner (Scottice, back borgh), used in cases of the replevin of persons from one man's court to another's. Skene de Verb. Sign.

A parcel of arable land. Blount. Called a "wrong."

A base kind of slavery; the confiscation or forfeiture, which takes place when a lord seizes his tenant's estate. Blount; Du Cange. CUM ACTIO FUERIT MERE CRIMINAL- !s, institui pot

LEGITIMAE NUPTIAE FACTAE sunt, patrem liberl sequuntur. Children born under a legitimate marriage follow the condition of the father. CUM ONERE (Lat.) With the burden; subject to t

quid opus est verbis? When the proofs of facts are present, what need is there of words? 2 Bulst. 53. CUM ALIQUIS RENUNCIAVERIT SOCIetatl, solvltur societas. When any partner renou

APparet nullam esse acceptionem. When there is a disagreement in the substance, it appears that there is -no acceptance. 12 Allen (Mass.) 44. CUM IN TESTAMENTO AMBIGUE AUT etiam pe

semper oneratur petltor, et melior habetur possessoris causa. Where two parties are equally in fault, the claimant always is at a disadvantage, and the party in possession has the

valeat quantum valere potest. When that which I do is of no effect as I do it, it shall have as much effect as it can, i. e., in some other way. 4 Kent, Comm. 493. CUM TESTAMENTO A

That which goes to prove what has already been established by other evidence.

See "Legacy."

A second or additional mode of procedure in addition to one already available, as opposed to alternative remedy. Wharton.

Sentences on a trial and conviction of several crimes, each sentence being in addition to the others, and not for the same fine or concurrent terms of imprisonment. See "Concurrent

That by which the voter concentrates his ballots on one or more candidates, instead of voting for the full number to be elected. Thus, a stockholder holding fifty shares may, under

A coiner. Du Cange. Cu neare, to coin; cuneus, the die with which to coin; cuneata, coined. Du Cange; Spelman. CURA (Lat.) Care; charge; oversight; guardianship. In the Civil Law.

One who takes care of a thing.

One who represents the Incumbent of a church, parson, or vicar, and takes care of the church, and performs divine services in his stead. An officiating temporary minister in the En

One who has been legally appointed to take care of the interests of one who, on account of his youth, or defect of his understanding, or for some other cause, is unable to attend t

A guardian for this special purpose; as one appointed to represent an absentee. CURATOR AD LITEM (Lat.) Guardian for the suit. In English law, the corresponding phrase is "guardian

The office of a curator. Curatorship differs from tutorship (q. v.) in this, that the latter is instituted for the protection of property in the first place, and, secondly, of the

A

The expression "cured by verdict" signifies that the court will, after a verdict, presume or intend that the particular thing which appears to be defectively or imperfectly stated

The ordinary duties of an officiating clergyman. "Curate" more properly denotes the incumbent in general who hath the cure of ' souls, but more frequently it is understood to signi

■ In Roman Law. One of the divisions of the Roman people. The Roman people were divided by Romulus into three tribes and thirty curiae. The members of each curia were united by the

A court Christian. CURIA CLAUDENDA (Lat.) In practice. A writ which anciently lay to compel a party to inclose his land. Fitzh. Nat. Brev. 297. CURIA COMITATUS (Law Lat.) In old En

A court held by the lord of the manor of Gravesend for the better management of barges and boats plying on the river Thames between Gravesend and Windsor, and also at Gravesend bri

In old English law. The lord's court, house, or hall, where all the CURIA LEGITIME AFFIRMATA (Law Lat.) In old Scotch practice. Court lawfully opened, or opened in due form. A form

In old English law. The great court; one of the ancient names of parliament. 1 Bl. Comm. 148. The king's court, or aula regis. Crabb, Hist. Eng. Law, 144.

In old English law. The mayor's court. Calth. 144.

A court so called, anciently held at Carisbrook Castle, in the Isle of Wight. Cowell.

In English law. The palace court. CURIA PARLIAMENTI SUIS PROPRIIS legibus subsistit. The court of parliament is governed by its own peculiar laws. Coke, 4th Inst. 50; Broom, Leg. M

In old English law. The court of piedpoudre or piepoudres (g. v.) 3 Bl. Comm. 32.

A court held by the sheriff of Chester. In a place there called the "Pendice." Cowell.

In old records. A parsonage house, or manse. Kennett, Par. Ant. 205; Cowell. CURIA REGIS (Lat. the king's court). A term applied to the aula regis, the bancus or communis bancus, a

In old English law. A measure containing four bushels or half a quarter of corn. Cowell; Blount.

Coin, or such bank notes as pass freely in commercial transactions and regarded nearly equivalent to coin. 35 111. 163. "Ourrency," In its broad and comprehensive meaning, may be p

Present; now in progress or transit.

An account which can be added to or drawn upon at any time without notice to the banker. 81 111. Add. 218.

Lawful money; whatever passes current for money, whether coin or paper money. 27 111. 501; 9 Mo. 701; 8 Minn. 329. In commercial use, "currency" is confined to paper money, as dist

A junior clerk in the court of chancery, whose business it formerly was to write out from the register those forms of writs which issued of course. Such writs were called writs de

An officer of the court of exchequer, who is appointed by patent under the great seal to be one of the barons of the exchequer. The office is abolished by St. 19 & 20 Vict. c. 86.

An inferior of Bxier of the papal court. CURSUS bURIAE EST LEX CURIAE. The practice of the court is the law of the court. 3 Burst. 53; Broom, Leg. Max. (3d London Ed.) 126; 12 C. B

The estate to which, by common law, a man is entitled, on the death of his wife, in the lands or t Miements of which she was seised in possession in fee simple or in tail during he

The inclosed space immediately surrounding a dwelling house, contained within the same inclosure. It is defined by Blount as a yard, backside, or piece of ground near a dwelling ho

In old English law. Court lands. Cowell. See "Court Lands."

The area or space within the inclosure of a dwelling house. Spelman.

The area about a building; a garden; a hut or farmer's house; a farmers house with the land enrolled with it. A village or a walled town containing a small number of houses. The re

or CUSTANTIA. Costs.

Keepers; guardians; conservators. Custodes pacis, guardians of the peace. 1 Bl. Comm. 349. Custodes libertatis Angliae auctoritate parliamenti, guardians of the liberty of Engdurin

In JBInglish law. A grant from the crown under the exchequer seal, by which the custody of lands, etc., seized in the king's hands, is demised or committed to some person as custod

The detainer of a person by virtue of a lawful authority. 3 Chit. Prac. 355. The care and possession of a thing.

Such a usage as by common consent and uniform practice has become the law of the place, or of the subject-matter, to which it relates. It differs from prescription, which is person

A court baron, at which copyholders might transfer their estates, and where other matters relating to their tenures were transacted. 3 Bl. Comm. 33. This court was held on the mano

Estates which owe their origin and existence to the cus-

A class of freeholds held according to the custom of the manor, derived from the ancient tenure in villein socage. Holders of such an estate have a freehold interest, though it is

A service due by ancient custom or prescription only. Such is, for example, the service of doing suit at another's mill, where the persons resident in a particular place, by usage,

The use of anything for the purpose and in the manner such thing is usually and ordinarily used. 256 111. 487.

Persons who have dealings with one who is engaged in an occupation or employment. 178 111. App. 176.

Custom must be taken strictly. Jenk. Cent. Cas. 83.

A place appointed by law, in ports of entry, where importers of goods, wares, and merchandise are bound to enter the same, in order to pay or secure the duties or customs due to th

A system of customs acknowledged and taken notice of by all nations, and which are therefore a part of the general law of the land. See "Law Merchant"; 1 Chit. Bl. Comm. 76, note 9

This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported. Story, Const. § 949; Bac. Abr. "Smuggling." The duties, toll, tribute

St. 16 & 17 Vict. c. 107, which has been frequently amended. See 2 Steph. Comm. 563.

Particular regulations in force within the city of London, in regard to trade, apprentices, widows and orphans, etc., which are recognized as forming part of the English common law

A custodian, guard, keeper, or warden; a magistrate. pleas, whose duty it is to receive and keep all the writs returnable to that court, and put them upon file, and also to receive

A gamekeeper. Towns. PI. 265.

Protector of the royal granary. 2 Bl. Comm. 394. CUSTOS MARIS (Lat.) Warden or guardian of the seas. Among the Saxons, an admiral. Spelman, "Admiralius."

The guardian of morals. The court of queen's bench has been so styled. 4 Steph. Comm. 377. CUSTOS PLACITORUM CORONAE (Lat.) Keeper of the pleas of the crown (the criminal records).

In English ecclesiastical law. Keeper of the spiritualities; he who exercises the spiritual jurisdiction of a diocese during the vacancy of the see. Cowell. CUSTOS STATUM HAEREDIS

In old English law. Guardian, warden, or keeper of the land. Mag. Chart, c. 4. CUSTUMA ANTIQUA SIVE MAGNA (Lat. ancient or great duties). The duties on wool, sheepskin, or wool pel

A knowing or skillful counsellor. CUTPURSE (Law Lat. bursarum scissor; Law Pr. cynsour de burse). In old criminal law. An ofl Fender answering to the modern pickpocket. Pleta, lib.

In old English law. An officer in the exchequer, to whom it belonged to provide wood for the tallies, and to cut the sum paid upon them, etc. CY PRES (Law Fr. as near as). The rule