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CASE

CASUS

court in bank or that of a higher

court. Case stated. Same as Case agreed. Case to move for a new trial. The

losing party's statement of the case prepared for use on his mo

tion for a new trial. Case system. A method of law study

by means of the analysis of cases

or decisions. Cash. Ready money, money in hand,

either in current coin or other legal tender, or in bank bills or checks paid and received as money. See 136 U. S. 257, 34 L.

Ed. 514, 10 Sup. Ct. Rep. 1034. Cashier. The manager of a bank. Cashier's check. An acknowledgment of the bank of its indebtedness to the payee of the order. See 186 Ill. 440, 78 Am. St. Rep. 294, 53 L. R. A. 232, 57 N. E.

1061. Cash account. An account in a bank

subject to draft or check. Cash-book. A book of account of

money received and paid out. Cash-note. A note payable in

money. Cassare. To nullify; to annul; to

dismiss. Cassatio. Cassation. Cassation. Annulment; abatement;

to dismiss. Cassetur billa. Let the bill be dis

missed. Cassetur breve. Same as Cassetur

billa. Cast. To decide against; to con

vict; to allege; to proffer; to de

posit, as a ballot. Castellan. The governor of a castle. Castellarium. Same as Castlewick. Castigation. Chastisement. Castigatory. A contrivance for pun.

ishing common scolds. See 3

Cranch C. C. 620, 27 Fed. Cas.

(U. S.) 907. Casting vote. The deciding vote at

an election. Castle. A fortified building; a fort

ress. Castleguard. Feudal services or payments toward the maintenance of

a castle. Castlery. The government or ten

ure of a castle. Castleward. Same as Castleguard. Castlewick. The district under the

jurisdiction of a castle. Castration. Severing the testicles;

emasculation. Casu consimili. In a similar case;

a writ of entry to recover a reversion in land alienated by the

tenant. Casu proviso. A writ of entry to

recover a reversion against a ten

ant in dower. Casual. Accidental; of unknown

origin; one irregularly employed

as a servant. Casual ejector. The fictitious de

fendant in an action of ejectment. See 67 N. J. L. 260, 91 Am. St. Rep. 433, 57 L. R. A. 956, 51 Atl.

509. Casual pauper. A pauper who re

ceives aid outside of the jurisdic

tion of his residence. Casualis. Casual. Casualties. (Scotch) Sums due from

a vassal to his superior on the

happening of certain events. Casualty. An inevitable accident. Casus fortuitus. An inevitable acci

dent or event. Casus. Case; event; happening. Casus belli. A cause or occasion of

war. Casus foederis. A case within the

provisions of a treaty.

CASUS

CAUSA

Casus fortuitus non est sperandus, Catholic creditor. (Scotch) One

et nemo tenetur divinare. A whose debt is secured by more chance happening is not to be ex than one property of the debtor. pected, and no one is held to fore Catholic emancipation act. A statsee it.

ute passed in 1829 relieving Casus fortuitus non est supponendus.

Roman Catholics from the disA chance happening is not to be

ability of holding civil and miliexpected.

tary offices.

Catoniana regula. A Roman law Casus major. An unusual event.

rule that lapse of time will not Casus omissus. A case omitted. cure what was invalid at the outCasus omissus et oblivioni datus

set. dispositioni communis juris relin

Cattle. Domestic animals used for quitur. An omitted and forgotten

food and husbandry. case is left to the disposal of the Cattle range. Uninclosed land common law.

where cattle may range. Catalla. Chattels.

Cattle-gate. A right to pasture on

the land of another. Catalla juste possessa amitti non possunt. Chattels lawfully pos

Caucus. A local political meeting. sessed cannot be lost.

Causa. A cause; an action; a rea

son; a consideration. Catalla otiosa. Dead goods; cattle

Causa adulteri. By reason of adulother than work animals.

tery. Catalla reputantur inter minima in

Causa causae est causa causati.

Can lege. Chattels are regarded in

The cause of a cause is the cause law among things of lesser im

of the effect. portance.

Causa causans. The causing or imCatallis captis nomine distinctionis. mediate cause. A writ to distrain for rent.

Causa causantis causa est causati. Catallis reddendis. For the return The cause of the thing causing is of the chattels.

the cause of the effect. Catallum. A chattel.

Causa data et non secuta. ConsidCataneus. A tenant in capite.

eration given and not followed. Catching bargain. An heir's bar

Causa ecclesiae publicis aequiparatur; gain for the sale of his prospec

et summa est ratio quae pro retive inheritance at less than its

ligione facit. The cause of the value. See 47 Mich. 94, 41 Am.

church is equal to that of the pubRep. 711, 10 N. W. 123.

lic, and most important of all is

the reason which makes for reCatchland. Land the tithes from

ligion. which went as a right to the first of two preachers who claimed

Causa et origo est materia negotii. them.

The cause and origin is the ma

terial of business. Catchpole. Same as Catchpoll.

Causa hospitandi. For the sake of Catchpoll. A bailiff; a constable.

hospitality. Cater-cousin. A fourth cousin.

Causa impotentiae. By reason of Cathedral. The church of a bishop. impotence.

CAUSA

CAVEATOR

use

· Causa jacitationis maritagii. An ac Cause of action. A right to sue.

tion to enjoin one from represent Causidical. Relating to pleading. ing himself to be the plaintiff's

Causidicus. An advocate; a pleader. spouse. See 3 Bl. Comm. 93.

Cautela. Caution; vigilance. Causa matrimonii. A writ for a

Cauti juratoria. Caution juratory. woman who has been jilted by a man to whom she gave land on

Cautio. Caution. promise of marriage.

Cautio fidejussoria. Security by way Causa mortis. In expectation of of a surety bond. death.

Cautio pignoratitia. Security by Causa patet. The reason is appar way of pledge. ent.

Cautio pro expensis. Security for Causa proxima. The proximate cause. expenses. Causa proxima non remota specta Cautio usufructuaria. Security

tur. Proximate and not remote against waste by a tenant. causes are regarded. See 27 Fla.

Caution. Prudence; a written caveat 1, 17 L. R. A. 33, 9 South. 666.

filed with the recorder of land Causa qua supra. For the reason titles; security; collateral; pledge; above stated.

one who gives security. Causa rei. An appurtenance or ac. Caution juratory. Security by means cessory.

of an oath. Causa remota. A remote cause. Cautionary. By way of pledge or Causa scientiae patet. The reason security.

of the knowledge is apparent. Cautioner. A surety. Causa sine qua non. A cause with Cautionry. Suretyship; becoming

out which the event would not surety. have happened.

Caveat. Let him beware; a notice Causa turpis. For a base or evil or warning filed or recorded in a cause.

public office so as to prevent anyCausa vaga et incerta non est causa one from acting to the prejudice

rationabilis. A vague and uncer of the caveator. See 38 N. J. Eq.

tain cause is not a reasonable one. 485. Causae dotis, vitae, libertatis, fisci Caveat actor. Let the doer beware.

sunt inter favorabilia in lege. Caveat emptor. Let the buyer beCauses of dower, life, liberty and ware. See 72 Ark, 343, 65 L. R. public moneys are among those A. 80, 80 S. W. 582. favored in law.

Caveat emptor; qui ignorare non Causam nobis significes quare. A

debuit quod jus alienum emit. writ against a town mayor direct Let the buyer beware, who ought ing him to give seisin to a grantee not to ignore the fact that he is of the king.

purchasing the right of another. Causare. To litigate.

Caveat venditor. Let the seller beCausator. A party to an action. ware. Cause. An action or suit; consid- Caveat viator. Let the traveler be. eration; motive; origin.

ware. Cause list. A calendar or docket. Caveator. One who files a caveat.

CAVENDUM

CEPIT

Cavendum est a fragmentis. Be

ware of fragments. Caver. A thief stealing ore from a

Derbyshire mine. Cavere. To beware; to take care;

to be cautions. Cay. A quay or wharf. . Cayagium. Wharfage duties. Ceapgild. Payment of an animal. Cede. To assign; to transfer; to

grant. Cedent. An assignor. Cedula. (Spanish) A promissory

note. Celation. Concealment of pregnancy. Celebration of marriage. The sol.

emnization or ceremony essential

to a formal lawful marriage. Celibacy. The condition of one not

married. Cenegild. A fine paid by a murderer

to his victim's relatives. Cenninga. A vendee's notice to a

vendor that the goods sold have

been claimed by a third party. Cens. An annual payment to a su

perior lord as a tribute to his

superiority. Censaria. A farm, or house and

land, let at a standing rent.

Cowell. Censarii. Farmers. Cense. An assessment; a tax; a

census. Censitaire. A tenant paying cens. Censive. The land, the tenant of

which paid a cens. Censo. (Spanish) A ground-rent. Censor. A high Roman officer who with the other censor kept the census, attended to matters involving public manners and morals

and administered public finances. Censors, Council of. See Council of

Censuere. A judgment or decree of

the Roman senate. Censumethidus, or censumorthidus.

A dead rent, like “mort main.”—

Blount. Census. A decennial official count

by the United States government of the inhabitants and wealth of the country. See 149

Ind. 255, 48 N. E. 1025. Census regalis. The royal property

(or revenue). - Bouv. Cent. An abbreviation of centum, a

hundred. Cental. An English weight measure

of 100 pounds. Centena. A hundred. Centenarius. The president of the

court of a centena or hundred. Centesima. One hundredth. Centner. A hundredweight. Central Criminal Court. The court

having jurisdiction of crimes committed in London, Middlesex and

Surrey. Centum. One hundred. centumviri. The 105 Roman judges

appointed to decide common causes among the people. See 3 Bl.

Comm. 515. Century. The Roman hundred. Ceorl. Same as Churl. Ceorlus. A churl. Cepi. I have taken. Cepi corpus. I have taken the body.

See 3 Bl. Comm. 288. Cepi corpus et est in custodia. I

have the body and it is in cus

tody; a form of return for a writ. Cepi corpus et paratum habeo. I

have the body and I have it ready;

a form of return for a writ. Cepit. He took it. Cepit et abduxit. He took and led

away.

censors.

CEPIT

CESSA

Cepit et asportavit. He took and Certificate of deposit. An obligacarried away.

tion, or promissory note of the

bank issuing it. See 14 How. Cepit in alio loco. He took in another place; a form of plea in

(U. S.) 240, 14 L. Ed. 404. replevin.

Certificate of registry. A certificate Ceppagium. Tree stumps.

reciting the due registration of a

ship. Ceps. The stocks.

Certificate of stock. A certificate Ceragrum. A payment to provide evidencing the ownership of a cer

candles in the church.—Blount. tain number of shares of stock of Cere. Wax; a wax seal.

the corporation therein named. Cert money. Yearly payments to

See 49 N. J. L. 48, 7 Atl. 672. the lord of the manor for the Certificate, trial by. A form of trial keeping of the leet.

which was allowed where the eviCerta debet esse intentio, et nar

dence of the person certifying was ratio et certum fundamentum, et

the only proper criterion of the certa res quae deducitur in judi

point in dispute. See 3 Bl. Comm.

333. cium. The intention, declaration, foundation and matter brought to Certification. The return of a writ; judgment ought to be certain.

a formal attestation of a matter Certa res. A certain matter or of fact. thing.

Certified check. A check certified Certain services. Base services, by a bank as being payable out of

stinted in quantity and not to be a specific fund deposited to meet exceeded. See 2 Bl. Comm. 61.

it. See 67 N. Y. 458, 23 Am. Rep. Certainty. Distinctness and accu 129. racy of statement.-Bouv.

Certiorari. A writ issued by a Certificate. A signed statement by

higher court to bring up the recan officer giving authenticity to

ord of a lower court or judicial the facts therein set forth. See

officer or body for review. 27 Misc. Rep. 576, 58 N. Y. Supp.

Certum est quod certum reddi potest. 574.

That is certain which is capable Certificate into chancery. A law

of being made certain. See 130 court's decision on a matter sub

N. Y. 642, 15 L. R. A. 218, 29 N. E. mitted for such decision by a

142. court of chancery.

Cervisarii. (Saxon) Tenants who Certificate of acknowledgment. The

were bound to supply drink for certificate of a notary or other

their lord's table.-Cowell. officer evidencing the due execu

Cervisia. Beer. tion of an instrument. See 108 Am. St. Rep. 528, note.

Cervus. A deer; a stag. Certificate of assize. A writ by Cesionario. (Spanish) An assignee.

which a retrial was had. See 3 Cess. To neglect a legal duty; a Bl. Comm. 389.

tax. Certificate of costs. A judge's cer- Cessa regnare, si non vis judicare.

tificate enhancing damages in tres Cease to reign if you do not wish pass. See 3 Bl. Comm. 214.

to judge.

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