Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Cablis,^. Brush-wood; wind-fallen boughs.

/. To fall; end; cease; fail; abate. Cadit qusestio: there is an end of the question. Cadere a or ab: to fall from, faQ in, lose. Cadere assisa: to be cast, nonsuited. Cadere in: t

Relating to escheats or forfeitures.

I. Ealluig. Caduca: escheats.

Other things [the rest] are wanting. Caeteris paribus: other things equal. Caeteris tacentibus: the others silent [expressing no opinion].

/. Administration caterorum is given as to the rest of the estate, after a limited power has been exhausted.

To call, in land law, is to require a point of surveying to correspond with some natural object. Such objects, or bases of are termed the calls. Calling the plaintiff: a formal fec

I. To claim; object to; challenge.

I. Champerty.

A dealer in notes and bills of exchange.

/. A chamber, judge's chamber; a treasury; v. Chaniber. Camera regis (a chamber of the king): a harbor or place of commercial priyilege. Camera scacoarii: the Exchequer Chamber. Ca

/. A field. Campfight, battel. Campi partitio:

I. Chancery. Cancellariua: the chancellor. Canoelli: bars, lattice-work, whence the name of the Court of Chancery; V. A.

1. A law. 2. A prebendary, member of a chapter. Canon law: the law of the Church of Rome as to matters in its jurisdiction; and partly preserved in English ecclesiastical law and a

In Wales, a hundred.

/. (Take.) A writ judicial, issued in real actions for the recovery of land, directing the sheriff to take and hold the land when the tenant or defendant made default. The grand ca

Lat. (That you take.) The general name for a writ of attachment or arrest. 1. The capias ad respondendum, called commonly capias, was a judicial writ issuing from the C. P. or K. B

I. Let him be taken for the fine; v. Capias, 6.

;. Heads; persons. Per capita: by heads, per head, in distinction from per stirpem, by stock, by way of representation. V. Caput.

Capitalis, I. Chief; principal; affecting the head or life. Capitalis dominus, plegius, debitor, baro, etc.: the chief lord, surety, debtor, baron. Capitalis justitiarius: in old E

I. A person holding an estate in capite; a captain.

A poll or personal tax.

in. v. Caput.

I., Caption. 1. A taking; a seizure; an arrest. 2. The heading of a document.

A head; a person. A chief; beginning, principal. Caput anni: the first day of the year. Caput baroniae: a nobleman's mansion-house, which descended to the eldest daughter if no son

/. To load. Carcata: freighted.

I. A gaol. Career ad homines custodiendos (continendos) non puniendos haberi debet: a gaol ought to be kept to guard (confine) men, not to punish them.

One who carries goods for hire. v. Common carrier.

charta, I. A deed, charter, v. Charta.

yr. A white sheet of paper; a blank instrument. Used of a signature, given with authority to fill up as desired.

A written challenge. An agreement between two hostile states relating to the exchange of prisoners. Cartel ship: a ship of truc Bj unarmed, employed to carry messages, exchange pri

I. Prom caruca, a plough. A plough-land, a carve of land; as much land as one plough could cultivate.

carucage. A tax imposed on each plough, or carve of land. Cas,^. Case. Cas fortuit: an inevitable event.

1. V. Action upon the case. Trespass on, the case. 2. An action or suit at law. Case agreed or stated: a statement of the facts agreed on by the parties, or by another court, and s

/., Casser,/r. To break; to annul, quash. Cassatio, /.: a quashing, an abatement. Cassation,^^.: the annulling or appeal of a judgment; the Prench highest court of appeal. Cassetur

To allege, proffer; to overthrow, defeat Cast cin essoign: to put in an excuse for non-appearance in an action.

Common scold. tion laid on dwellers ■within a certain distance of a castle to maintain the garrison.

The fictitious defendant in ejectment.

I. 1. In a similar case; t. Action on the case. 2. An old writ of entry which lay for a reversioner to recover land alienated by a tenant for life or by the courtesy, for a greater

;. Case; event; chance. Casus foederis: a case within a treaty, to which it applies. Casus fortuitus: an inevitable event; a chance occurrence. Casus fortuitus non est sperandus, e

I. Chattels; all goods except fees and freeholds. Catalla odiosa: dead goods [not animals]; idle cattle [not beasts of the plough]. Catallis reddendis. v. De.

A sheriff's deputy, bailiff.

A right of pasturing cattle in another's land.

I. Cause; occasion; reason; a suit. Causa causans or remota: the original or remote cause. Causa causata or prozima: the immediate or next cause. Causa mortis, adulterii, impotenti

and the Landed Estates Court, were fused into a Supreme Court of Judicature for Ireland. There is a

/., Caution. Security; bail; a bond given by way of surety.

(Let him beware.) A formal notice to a court or a judicial or ministerial officer not to do some act, or not without notice to the "caveator." It is filed by the party having inter

/. Kayage, a duty paid for landing goods at a wharf. Ce, Ceoy, Ceo,_/y-. This.

sax. Payment, or forfeiture, of an animal.

sax. A mulct paid by the slayer to the kin of a person slain.

v. Court, 47. Ceo,/r. V. Ce.

carl, churl, sax., Ceorlus, /. A freeman of inferior rank; a tenant at will by rents or services; a husbandman.

/. I have taken the body. Cepi corpus et paratum babeo: I have taken the body and have it ready. These were the returns of a sheriff to a writ of capias when the party arrested was

I. He took. Replevin in the cepit: when brought for the taking only, not the keeping; v. Replevin, Deiinet. Cepit in alio loco (he took in another place): the plea in replevin when

trial by. When an action was determined by the written evidence of some person best informed, which is final. Certificate into chancery: the opinion of a common-law court on a matt

An old writ for review of a matter tried by assize.

A check as it were accepted, by having the bank's teller or cashier write his name across the face, thereby admitting that the bank has funds to meet it.

I. (To be made more certain, to be informed.) A writ issuing from a superior court to an inferior, before verdict, requesting the latter to send up the proceedings or record for re

Head-money paid by tenants to the lords of manors for the keeping of the court-leet.

I. To cease; to stay, stop. Cessante causa, cessat effectus: the cause ceasing, so does the effect. Cessante ratioue legis, cessat et ipsa lex: the reason of the law ceasing, so do

cessure. Neglect; omission.

I. The abandonment or assignment by a debtor of aU his property for the benefit of his creditors. C'est asgavoir, asaver,/r. That is to to wit. doit enheriter al fitz: lie shall be

I., was an ancient court, remodelled under

/., Chace,//-. A chase. Chalenger,/r., Challenge. To mand; to dispute. Challenge the whole panel of jurors. tion to a juror or jurors four kinds of this challenge: account of honor

A court; a treasury. judge; any place where he does Chambers, the King's within lines drawn from one the nation claims jurisdiction,

champerty. The his suit upon condition to have covered or preserved. It pending the action, and the viainlenance.

The judge of a of a university, usually an judicial officer. Chancellor in law matters, and holds his the Duchy of Lancaster: Chancellor of the Exchequer Exchequer, with the barons

Also, by the 14 and 15 lished (18.) the Court of the Lords of whom there were two; and who, with formed the (18.) Court of Appeal in By the 36 & 37 Vict. o. 66, usually known

Accidental killing unpremeditated attack.

Equity; a court of equity,

had the custody of the records and under the great seal. Later, an assistant of his next inferior to that of the

chaunter,/?-. To sing; to dict.

Chauntry. A church, lands for the maintenance of priests sing masses for the repose of the

1. A burden, incumbrance, charged with a debt. 2. A claim, up, or final address of a judge to a of a bill in equity, either alleging cipation of the defence, or to which fendant's

in 1629. Petiproceedings for the determine the title to proppossessory. demandant's count in a Average. Petty-bag of the Court of Chanor for or against the succeeded to the duties

/. A charter; a deed; an communis: an indenture, a deed charta cyrographata: a deed de non ente non valet: a deed void. Charta partita: a Forests, see those titles.

Boc-land; land held land.

The contract for hire Chartis reddendis. v. Be. Charue,^. A plough. Chascun,/r. Each; every.

chace. 1. A tract of wild Lord High Treasurer. Now government. The Lord High officer of the realm, supreme Keeper of the Great Seal, privy House of Lords. in self-defence, on a sud

chatelle,/r., Chattel. A chattel; any article of property not a freehold or fee in land. Ghateux, cateux, fr.. Chattels, catcils: plural, v. Catalla. Cateux meubles, immeubles: goo

Killing a man in an affray in the heat of passion.

Cheque. A check resembles an inland bill of 'exchange. It is an order on a bank or banker for the payment of money to the drawer, or a third person, order, or bearer. There is, how

fr. The head; chief; beginning.

chimin, y?-. Away, road; a journey. Chesoun,/r. Each; every.

cheir, chaier, etc.,/r. To fall. Chaye: fallen. Chet, chiet: it falls, happens. Cheaunce: an accident, chance.

chivage, fr., Chevagium, I., Chiefage. A sum of money paid yearly by villeins to their lord in acknowledgment of bondage. A poll-tax paid to the King by the Jews. Chevisance,^. A b

Head; lord; principal. Chief justice: the oldest, or presiding judge of a court. The chief justice of England is the chief justice of the K. B. Chief lord: the ultimate or highest

Paramount, Priuy Lords spiritual: the bishops Lords. Lords temporal: of Lords. Lord Chamgovernment of the palace at

The hundreds of Stoke, Desborough, and Bonenham, the stewardship of which is a nominal office in the gift of the Crown. As acceptance of an office under the Crown vacates a seat in

_;^. Away. Chiminage: a toll paid for having a way through a forest.

cbirchgemote, sax. A synod; an ecclesiastical court.

A deed, indenture; a fine of lands. The word was written between the two parts of an indenture in the place where the parchment was cut. Chirographum apud debitorem repertum prassu

Knight-service, v. Tenure. Chose,/;-. A thing. Chose in action: a personal right to a thing not actually in possession, but recoverable in a suit at law; or to the performance of a

The Court Christian, v. Court, 79. Churl. Ceorl. Ci, cy, si,/-. So. Here. Cidevant: heretofore. Cibien: as well. Ci tost: as soon as. Cy gist: here lies.

Five (now seven) ports on the S. E. coast of England having privileges of their own, with a governor called Lord Warden, and an exclusive jurisdiction of their own, for which they

/., Cipps, ceps,/?-. The stocks.

/. About; concerning.

A division of the country into judicial districts. The journey of a judge around the country for the purpose of holding courts, V. Assize. Circuit court; v. Court, 105. way than is

I. Citation; a summons to court; the first process in an ecclesiastical cause.

Used in contradistinction to criminal, or ecclesiastical, or military, or political, or barbarous. Civil action: one grounded on a private right, seeking to enforce it, or to obtai