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

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

I. Civilly. Civiliter mortuus: dead in law; v. Civil

Jus civitatis: the right of citizenship. Jus commune: the common law; common right. Jus cudendae monetae: the right of coining money. Jus cnrialitatis: the right of curtesy of Ungl

/. Secretly.

/. To cry out; claim. Clamor: a complaint, claim; an outcry.

Constitutions of. Statutes made at Clarendon in the reign of Henry II., whereby the power of the Pope and clergy was checked, and their immunity from secular jurisdiction limited.

Close, sealed; used of writs not open or patent.

I. A clause, a sentence. Clausula generalis non refertur ad ezpressa: a general clause does not (refer to) cover things (expressed) specially mentioned. Clausula quae abrogationem

I. 1. Clause. 2. A close. Clausum fregit: he broke

A certificate given by the collector of a port to a siiip about to sail, that she has complied with the law, and is duly authorized to depart.

Persons in holy orders; hence, persons who could read. T. Benefit of clergy.

/. Benefit of clergy.

/. The Six clerks in chancery.

/. A priest; a clerk.

A person in ecclesiastical orders. Anciently, a person who could read. For Six clerks, clerks of the Hanaper, Petty lag, see those titles.

Besides these two, there are eleven Lords Ordinary, making thirteen judges. Before the Union, there was a (95.)

Clement's Inn, New Inn, Inn; formerly also Eurnival's Inn, Inn, and Thavies' Inn, with Serjeant's serjeants only. They were formerly prestudents, inhabited by clerks in chancery, p

1. A piece of land held as private property. 2. Clause; sealed. Close -writs: the opposite of letters patent. Writs directed to the sheriff, not the lord; or to a particular person

v. Bill, I. 13.

A valley.

I. A u:jiting together; a conspiracy.

Tbe seal of a custom-house. A certificate that the duties have been duly paid on goods.

A general system of the law, embodied and authorized by legislative enactment. Code civil or Code Napoleon: a code of the law of persons and property, estabhshed in Erance under Na

I. A code; a volume, roll, or book.

An addition to a will, executed at a later time.

/. No man suffers punishment for his thoughts.

/. Cognates; relations on the mother's side.

;. The ackowledgment of & fine; cognizance; jurisdiction. nition, jurisdiction. "right to try causes; corporations which to oust the jurisdiction ment of a fine, q. v. taking as se

conusor. see: the person to Cognoscere, I. To acknowledged the the justice of an attorney after the judgment for a sum ment to withdraw the nem relicta relicta.

The badge of a Collateral On the lineal. Collateral duration of the estate the grantee, but on warranty made by a not at any time have Co Uatio bonorum, /. mon fund; bringing Colla

;., Colour. our: to confess 1. Conusance of pleas: an exclusive a privilege of trial granted certain cities and may be pleaded by " claim of conusance," of another court. 2. The ac

A narrow valley.

I. Burning of houses; arson.

comme, fr. As; so; whereas. Come semble: as it appears. Comen,y5-. Common.

/. A companion, follower; a count, earl.

I. Courtesy, comity. Comitas inter gentes: the Comity of nations: the courtesy by which one state recognizes or follows the law of another.

/. A county, shire; an earldom; the county court; a suite or body of attendants, v. Posse. Commandite /r. Special or limited partnership.

in, /. 1. Partners en commandite. 3. A living or benefice commended to a clerk to hold until a pastor is provided; a living which a bishop is allowed to hold for life, besides his

I. Praise, recommendation.

I. Commerce; traffic. Commercia belli: compacts of war; truces; contracts between hostile nations or their subjects.

An officer anciently exercising a bishop's jurisdiction in out-places, where there were no archdeacons.

A warrant; authority; writ. 1. Commission of assize: v. Assize. 3. Commission of bankrupt was granted by the Lord Chancellor to examine into the affairs of bankrupts, and given to

t. Commission, Commitment The sending a person to prison tempt; the warrant therefor; the mittimus.

v. Commission, 4.

I. (He is committed.) A minute surrender by bail, and commitment.

I. Mixing together of things so Ud to different persons; v. Confusio.

I. A thing loaned; a gratuitous chattel.

I. Advantage, profit. debet cujus periculum est: he who runs have the profit. Commodum ex injuria debet: no one ought to profit by his own

A profit which one man has in the profit a prendre, usually common of pasture. pendant: an immemorial right of tenants commonable cattle on other lands of the same mon appurtenant:

tenancy in.: a liberty of taking wood necessary Common of piscary: liberty of.fishing.: liberty of digging turf. 9. Common mining or quarrying. 10. Common Common pur cause de vicin