CASE CASUS ress. as court in bank or that of a higher Cranch C. C. 620, 27 Fed. Cas. court. (U. S.) 907. Case stated. Same as Case agreed. Casting vote. The deciding vote at Case to move for a new trial. The an election. losing party's statement of the Castle. A fortified building; a fortcase prepared for use on his motion for a new trial. Castleguard. Feudal services or payCase system. A method of law study ments toward the maintenance of by means of the analysis of cases a castle. or decisions. Castlery. The government or tenCash. Ready money, money in hand, ure of a castle. either in current coin or other Castleward. Same as Castleguard. legal tender, or in bank bills or checks paid and received Castlewick. The district under the jurisdiction of a castle. money. See 136 U. S. 257, 34 L. Ed. 514, 10 Sup. Ct. Rep. 1034. Castration. Severing the testicles; emasculation. Cashier. The manager of a bank. Casu consimili. In a similar case; Cashier's check. An acknowledg. ment of the bank of its indebted a writ of entry to recover a re version in land alienated by the ness to the payee of the order. tenant. See 186 Ill. 440, 78 Am. St. Rep. 294, 53 L. R. A. 232, 57 N. E. Casu proviso. A writ of entry to 1061. recover a reversion against a ten ant in dower. Cash account. An account in a bank subject to draft or check. Casual. Accidental; of unknown Cash-book. A book of account of origin; one irregularly employed as a servant. money received and paid out. Cash-note. A note payable in Casual ejector. The fictitious de fendant in an action of ejectment. money. See 67 N. J. L. 260, 91 Am. St. Cassare. To nullify; to annul; to Rep. 433, 57 L. R. A. 956, 51 Atl. dismiss. 509. Cassatio. Cassation. Casual pauper. A pauper who reCassation. Annulment; abatement; ceives aid outside of the jurisdicto dismiss. tion of his residence. Cassetur billa. Let the bill be dis- Casualis. Casual. missed. Casualties. (Scotch) Sums due from Cassetur breve. Same as Cassetur a vassal to his superior on the billa. happening of certain events. Cast. To decide against; to Casualty. An inevitable accident. vict; to allege; to proffer; to de Casus fortuitus. An inevitable acciposit, as a ballot. dent or event. Castellan. The governor of a castle. Casus. Case; event; happening. Castellarium. Same as Castlewick. con Casus belli. A cause or occasion of Castigation. Chastisement. Castigatory. A contrivance for pun. Casus foederis. A case within the ishing common scolds. See 3 provisions of a treaty. war. CASUS CAUSA see it. 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 stat. 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 out set. Casus omissus et oblivioni datus 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 other than work animals. Causa adulteri. By reason of adul tery. Catalla reputantur inter minima in Causa causae est causa causati. 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. Consid. Cataneus. 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 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 Cautio. Caution. man to whom she gave land on 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. Cause. An action or suit; consid- Caveat viator. Let the traveler beCAVENDUM eration; motive; origin. Cause list. A calendar or docket. Caveator. One who files a caveat. ware. ware. CEPIT . Cavendum est a fragmentis. Be- Censuere. A judgment or decree of ware of fragments. the Roman senate. Caver. A thief stealing ore from a Censumethidus, or censumorthidus. Derbyshire mine. A dead rent, like “mortmain." Blount. Cavere. To beware; to take care; to be cautions. Census. A decennial official count Cay. A quay or wharf. by the United States govern ment of the inhabitants and Cayagium. Wharfage duties. wealth of the country. See 149 Ceapgild. Payment of an animal. Ind. 255, 48 N. E. 1025. Cede. To assign; to transfer; to Census regalis. The royal property grant. (or revenue). -Bouv. Cedent. An assignor. Cent. An abbreviation of centum, a Cedula. (Spanish) A promissory hundred. note. Cental. An English weight measure Celation. Concealment of pregnancy. of 100 pounds. Celebration of marriage. The sol. Centena. A hundred. emnization or ceremony essential to a formal lawful marriage. Centenarius. The president of the court of a centena or hundred. Celibacy. The condition of one not Centesima. One hundredth. married. Centner. A hundredweight. Cenegild. A fine paid by a murderer to his victim's relatives. Central Criminal Court. The court Cenninga. A vendee's notice to a having jurisdiction of crimes com mitted in London, Middlesex and vendor that the goods sold have Surrey. been claimed by a third party. Centum, One hundred. Cens. An annual payment to a superior lord as a tribute to his Centumviri. The 105 Roman judges superiority. appointed to decide common causes Censaria. A farm, or house and among the people. See 3 BI. Comm. 515. Century. The Roman hundred. Ceorl. Same as Churl. Ceorlus. A churl. Cepi. I have taken. Censitaire. A tenant paying cens. Cepi corpus. I have taken the body. Censive. The land, the tenant of See 3 Bl. Comm. 288. which paid a cens. Cepi corpus et est in custodia. I Censo. (Spanish) A ground-rent. have the body and it is in cus tody; a form of return for a writ. Censor. A high Roman officer who with the other censor kept the Cepi corpus et paratum habeo. I census, attended to matters in- have the body and I have it ready; volving public manners and morals a form of return for a writ. and administered public finances. Cepit. He took it. Censors, Council of. See Council of Cepit et abduxit. He took and led censors. away. census. CEPIT CESSA Certificate of deposit. An obliga tion, or promissory note of the bank issuing it. See 14 How. (U. S.) 240, 14 L. Ed. 404. Certificate of registry. A certificate reciting the due registration of a ship. Certificate of stock. A certificate evidencing the ownership of a certain number of shares of stock of the corporation therein named. See 49 N. J. L. 48, 7 Atl. 672. Certificate, trial by. A form of trial which was allowed where the evi. dence of the person certifying was the only proper criterion of the point in dispute. See 3 Bl. Comm. 333. or Cepit et asportavit. He took and carried away. Cepit in alio loco. He took in an other place; a form of plea in replevin. Ceppagium. Tree stumps. Ceps. The stocks. Ceragrum. A payment to provide candles in the church.—Blount. Cere. Wax; a wax seal. Cert money. Yearly payments to the lord of the manor for the keeping of the leet. Certa debet esse intentio, et nar ratio et certum fundamentum, et certa res quae deducitur in judi. cium. The intention, declaration, foundation and matter brought to judgment ought to be certain. Certa res. A certain matter thing. Certain services. Base services, stinted in quantity and not to be exceeded. See 2 Bl. Comm. 61. Certainty. Distinctness and racy of statement.-Bouv. Certificate. A signed statement by an officer giving authenticity to the facts therein set forth. See 27 Misc. Rep. 576, 58 N. Y. Supp. 574. Certificate into chancery. A law court's decision on a matter submitted for such decision by a court of chancery. Certificate of acknowledgment. The certificate of a notary or other officer evidencing the due execution of an instrument. See 108 Am. St. Rep. 528, note. Certificate of assize. A writ by which a retrial was had. See 3 Bl. Comm. 389. Certificate of costs. A judge's cer tificate enhancing damages in trespass. See 3 Bl. Comm. 214. accu Certification. The return of a writ; a formal attestation of a matter of fact. Certified check. A check certified by a bank as being payable out of a specific fund deposited to meet it. See 67 N. Y. 458, 23 Am. Rep. 129. Certiorari. A writ issued by a higher court to bring up the record of a lower court or judicial officer or body for review. Certum est quod certum reddi potest. That is certain which is capable of being made certain. See 130 N. Y. 642, 15 L. R. A. 218, 29 N. E. 142. Cervisarii. (Saxon) Tenants who were bound to supply drink for their lord's table.-Cowell. Cervisia. Beer. Cervus. A deer; a stag: Cesionario. (Spanish) An assignee. Cess. To neglect a legal duty; a tax. Cessa regnare, si non vis judicare. Cease to reign if you do not wish to judge. |