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

see Cmrt, 41. similar and inferior to the steward, with the freeholders to be confounded with the times, which had larger civil Court-leet or Vievv- of particular lordship, hundred

Courts. — I. English. A. courts were anciently as follows court or assembly existed in " assembly of the wise men " of laws for the nation at large and fare and protection. Inciden

5. 9. The Practice or BaU Court was a court auxiliary to the King's Bench, presided over by each puisne judge in rotation. 10. The Common Pleas or Common Bench, I. Communis Bancus,

to be held in mentary jurisdiction courts. It is now Admiralty divisions of Into the same division for Divorce and

of which one of the Supreme Court justices is judge, both these courts having equity as well as common-law jurisdiction; probate courts, and justice of the peace courts. There is a

The demesne rolls of a manor, the record grants, and other matters

/. Cancellaria, was

now merged in the Court of Session. The judges of the Court of Session, having the power formerly exercised by the Commissioners of Teinds (Tithes), now sit also as the (96.) Teind

holden before their stewof error lay to the (60.) Court recorder, and sheriffs; and the King's commission, who sat; thence to the House of Court for the City of Lonnow become the c

called respectively the which administer justice among the miners The Forest Courts existed for the governforests, to punish injuries to the vert, venison, comprised the courts of

Ordinary, Orphans' or Surrogate's courts. Sometimes there is a State court of criminal jurisdiction or a criminal branch of a court of general jurisdiction, termed the (111.) Court

coutum,/r. Toll,

sax. A person Covenable,^;^. Convenable.

An agreement, a made by a deed, or contained persons, and sealed by one dependent on some prior or concurrent, when each party must aver performance it, before seeking to enforce T

The action a contract under seal. Covenant to stand seised. uses, in which, in covenants to stand seised the possession is vested solete. Covert Covered; protected. Coverture: the

Secret combination

/., Corody. An allowance of victuals, clothing, or due from a religious house to its founder for the

I. Large; gross. gence.

I. On the morrow. row of All Souls.

sax. To beg. v.

In England, creditors for an account the estate of a deceased, the decree. A kind of Crepare oculum, I. To

I. Twilight.

fi. To grow. Cribler,/r. To argue.

y>. To proclaim. peez: rehearse the the sergeant in the process

Con. Criminal

I. The crime ing, forgery, and perjury, furti: theft. Crimen laesse majestatis (the the grantor is duly seised; of right to incumbrances; for further assurance; and ■warranty. Thes

Adultery. Criminal information: v. Liformation. Criminal Appeal, Court of: v. Court, 49. Croft A small piece of land by a dwelling-liouse. Cross bilL A bill relating to a suit in e

(In England) a cheque crossed by two lines enclosmg a banker's name, whereby the cheque is made payable only to a certain banker. Sometimes the words and company only are written,

Upon being inal partie (let right be inquiry issued; and judgnanus. Petition of Right: declaration of the

Criminal law. Crown side: the criminal side of the K. B.; V. Court, 8. Crown Cases Reserved, Court for the Consideration of: v. Court, 49. Crown of Sce: a department in the crown s

v. Common scold.

/. (To whom before the divorce.) A writ of entry brought by a woman divorced to recover lands of hers which the husband had alienated during coverture. Cui in vita: a similar writ

concedere videtur et id sine quo res ipsa esse non potuit, /. Any one who grants anything to another is held also to grant that without which the thing itself could not exist. Cuil

/. Eault; negligence; guilt. Culpa lata dolo sequiparatur: gross negligence is held equivalent to intentional wrong.

I. With. Cum grano salis (with a grain of salt): allowing for exaggeration. Cum. onere (with a burden): subject to a charge. Cum pertinentiis: with the appurtenances. Cum testament

quum, I. When. Cum duo inter se pugnantia reperiuntur in testamento, ultimum ratum est: when two things repugnant to each other are found in a will, the last prevails. Cum quod ago

Additional, increasing, v. Legacy.

Tor Curia, q. v.

I. Care. Cura animarum: Cure of souls.

v. Rector.

I. A guardian for this [purpose]. Curator bonis: the guardian of a minor or lunatic.

The spiritual charge of a parish; the duties of an officiating clergyman. Cure by verdict: v. Aider.

I., Cur, Cour, fr. Court. Curia advisari vult: the court wishes to deliberate. Curia admiralitatis': the court of admiralty. Curia baronis or baronum: the court baron. Curia christ

I. To run. Currit quatuor pedibus: it runs upon all fours.

Clerks of chancery, whose duties were to make out the original writs, or writs de cnrsu.

;. Course; practice. Cursus curiae est lex curiae: the practice of the court is the law of the court.

Curtesy of England. The life estate which a husband has on the death of his wife in any lands of which she was seised, in fee simple or fee tail, during coverture, if he had lawful

y>. The enclosed land about a dwelling.

;. A court, a yard; a dwelling; a household; a court or tribunal; a residence.

/. Costs; charges Cy,/r. Here. Cy-apr^s: Cy, si, etc.,/r. So, as. trine of construing as possible; and, when it would be directions of a testator far as practicable;

custagia, Custantia, I. Cost; costs.

Ward, keeping, guardianship, custody.

An estate existing by the custom of a manor, evidenced by copy of court roll. Customary freehold: a copyhold tenure held not at the will of the lord, resembling freehold.

The law merchant. Custom; v. Prescribe.

pi. custodes, I. A guard, keeper, warden, magistrate. Custos brevium: the keeper of the writs, a principal clerk of the C. B. Custos maris (warden of the sea): admiral. Custos plac

sax. Cenegild, Cyrographum, /. v. D. P. (Domus Procerum, Da, oui <ia,/r. Yes. Damage-clere, fr. A plaintiff recovering feasant: doing damage, Damages, The sum in a personal or mixe

/. Condemned Damnosa hsereditas, /.

pi. damna, /. Damnum absque injuria, Damnum fatale (fatal The Danish magna, /. An old export duty on wool parva et nova: old duties on goods exaliens.; expense. hereafter. Cy-devan

dareyne, darraign, etc.,//-. Last; v. Continuance, Puis darrein continuance. Darrein presentment: v. Assize. Darrein seisin. An old plea for the tenant in a writ of right.

/., Dation en paiement,/r.- (Giving in payment.) A species of accord and satisfaction by transfer or assignment of property in lien of money.

In one's gift; appointed by public authority; removable at pleasure.

The days in the C. B. on which writs were returnable; V. Bank; also called common days. Days of grace: three days allowed persons summoned in the English courts for appearance, aft

The amount paid by a charterer the vessel's capacity which he does not contracted for it.

Death's part. That part fects of a decedent which by the custom went to the administrator. In Scotch law, such of his personalty as remained beyond widow and children, which the de

To discharge from being ^forest law.

The council of a bishop, tion. Dean of the Arches: the presiding who had purchased the grantor warrantwhen wardship was dlei: a writ to prevent appear in court, and of; in; at; in

debassa,/?-. Below, downwards.

I. They owe. Debet: he owes, he ought. Debet et detinet: he owes and withholds, words applied to an action of debt brought by one of the original contracting parties. If by or agai

The bonds of English public companies.

/. There ought to be an end of suits. Debet quis juri subjacere ubi delinquit: one ought to be subject to the law of the place where one offends; v. Debent.

I. A weak foundation spoils the whole work.

I. Debts. Debita fundi: debts secured upon land. Debita sequuutur personam debitoris: debts follow the person of the debtor.

/. A debtor. Debitorum pactionibus creditorum petitio nee telli nee minui potest: a claim of creditors can neither be lost nor modified through agreements made among debtors.

I. A debtor is not presumed to make a gift [to intend a conveyance as a gift].

/. Debt; a thing due or proper. Debitum et contractus sunt nu Uius loci: debt and contract are of no place [they may be enforced in any jurisdiction]. Debitum in praesenti, solvend

1. An old action having for its object the recovery of a specific sum of money; \. Debent. 2. Indebitatus assumpsit: V. Assumpsit. Debt of record: a judgment or recognizance debt.

I. He owed. Debuit

I. A dean. deanery; also, a Deoeder,//-., Decedere, person deceased.

1. An old lands lost in a real lusion. 2. An original of forgery, co Eusion, modern similar action Decern tales, I. (Ten make up a deficiency. Decenna, /. A Deceptis, non assist th

Christmas day. In Scotland, the; the 15th of May, called Whitsun- Lammas day; the 11th of November, sessions: a minor criminal court held more justices of the peace in each Eng- 40

sc. To decree.

/. It is fit, Decles tantum, I. action against a juror the amount of the

/., Disnies,/r. of church livings royal revenue. 2.

desiner, Declaration. The at law; the written called the count. made by an alien become a citizen of an act showing, or the owner holds, such act or instrument or holder.

To prepare, emnly before witnesses. Declinatory plea.

declinature. Decline: to object

Decreet, sc. Decania, decanatus: his jurisdiction, a tithing. I. To die. Decedens,;., Decedent: a judicial writ in the C. B. brought to recover action by default of the tenant thro

I., decretals. The second division of the canon law. V. Corpus juris.

An order, like a decree, made by the Court of Chancery on motion.

I. I have given. The operative word in conveyances by grant, anciently held to imply a warranty. Dedi et concessi: I have given and granted.

The appropriation of property, usually land, by the owner to public uses; as of a right of way, when a private landowner lays out a road, and it is accepted by the pubhc or public

/. To deny. Dediotum: denied.

I. A commission to take testimony. Dedimus et concessimus: we have given and granted. Dedimus potestatem was an old Enghsh writ, issuing out of Chancery, empowering the persons nam

I. He hath given and granted, v. Dedi.

A written agreement or grant, sealed and delivered; usually the term is applied only to conveyances of real estate. A deed indented is one executed in two parts, or as many parts a

A collateral deed, accompanying or annexed to another, providing that the latter is to be void upon the happening or performance of certain conditions.

I. Defect, imperfection, v. Challenge, Escheat.

//•,, Defendere, I., Defend. To deny; prohibit. Defendant, defender: the party denying, against whom an action is brought. Defendemus, I. (we will defend); a phrase in ancient gran

defensum, I. An enclosure, fenced land; a deer park.

;., Defense, /r. Defence; prohibition.