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A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z C2ETERORUM . The name of a kind of administration, which, after an administration has been granted for a limited purpose, CABALLERIA , Spanish law. A measure of land, which is different in different provinces. Diccionario por la Real Academia. CABINET . Certain officers who taken collectively make a board; as, the president's, cabinet, which is usually compose CADASTRE . A term derived from the French, which has been adopted in Louisiana, and which signifies the official statem CADET . A younger brother, one trained up for the army or navy. CADI . The name of a civil magistrate among the Turks. CAESARIAN OPERATION , med. juris. An incision made through the parietes of the abdomen and uterus to extract the foetus. It is sai CALENDER , crim. law. A list of prisoners, containing their names, the time when they were committed, and by whom, and CALENDER . An almanac. Julius Caesar ordained that the Roman year should consist of 365 days, except every fourth year, CALIFORNIA . The name of one of the states of the United States. It was admitted into the Union, by-an Act of Congress, p CALLING THE PLAINTIFF , practice. When a plaintiff perceives that he has not given evidence to maintain his issue, and intends to be CALUMNIATORS , civil law. Persons who accuse others, whom they know to be innocent, of having committed crimes. Code 9, 46, CAMBIST . A person skilled in exchange; one who deals or trades in promissory notes or bills of exchange. CAMERA STELLATA , Eng. law. The court of the Star Chamber, now abolished. CAMPARTUM . A part or portion of a larger field or ground, which would otherwise be in gross or common. Vide Champerty. CANAL . A trench dug for leading water in a particular direction, and confin- ing it. 2. Public canals are generally CANCELLARIA CURIA . The name formerly given to the court of chancery. CANCELLATION . Its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operat CANDIDATE . One who offers himself or is offered by others for an office. CANNON SHOT , war. The distance which a cannon will throw a ball. 2. The whole space of the sea, within cannon shot of the CANON , eccl. law. This word is taken from the Greek, and signifies a rule or law. In ecelesiastical law, it is also CANONIST . One well versed in canon or ecclesiastical law. CAPACITY . This word, in the law sense, denotes some ability, power, qualifi- cation, or competency of persons, natural CAPAX DOLI . Capable of committing crime. This is said of one who has sufficient mind and understanding to be made respon CAPE , English law. A judicial writ touching a plea of lands and tenements. The writs which bear this name are of t CAPERS . Vessels of war owned by private persons, and different from ordinary privateers (q. v.) only in size, being CAPIAS , practice. This word, the signification of which is " that you take," is applicable to many heads of practice CAPIAS AD AUDIENDUM JUDICIUM , practice. A writ issued in a case of misdemeanor, after the defendant has appeared and found guilty, and is CAPIAS AD COMPUTANDUM , practice. A writ issued in the action of account render, upon the judgment quod computet, when the defendant CAPIAS AD RESPONDENDUM , practice. A writ commanding the sheriff, or other proper officer, to "take the body of the defendant and to CAPIAS AD SATISFACIENDUM , practice. A writ of execution issued upon a judgment in a personal action, for the recovery of money, direct CAPIAS IN WITHERNAM , practice. A writ issued after a return of elongata or eloigned has been made to a writ of retorno habendo, c CAPIAS PRO FINE , practice, crim. law. The name of a writ which issues against a defendant who has been fined, and who does no CAPIAS UTLAGATUM English practice. A capias utlagatum is general or special; the former against the person only, the latter aga CAPIATUR , pro fine. The name of a writ which was issued to levy a fine due to the king. Bac. Ab. Fines and Amercements CAPITA, or PER CAPITA . By heads. An expression of frequent occurrence in laws regulating the distribution of the estates of persons CAPITAL , political economy, commerce. In political economy, it is that portion of the produce of a country, which may CAPITAL CRIME . One for the punishment of which death is inflicted, which punishment is called capital punishment. Dane's Ab CAPITATION . A poll tax; an imposition which is yearly laid on each person according to his estate and ability. 2. The Co CAPITE , descents. By the head. Distribution or succession per capita, is said to take place when every one of the ki CAPITULARIES .The Capitularia or Capitularies, was a code of laws promulgated by Childebert, Clotaire, Carloman, Pepin, Cha CAPITULATION , civ.law. An agreement by which the prince and the people, or those who have the right of. the people, regula CAPITULATION , war. The treaty which determines the conditions under which a fortified place is abandoned to the commanding CAPTAIN or SEA CAPTAIN , mar. law. The name given to the master or commander of a vessel. He is known in this country very generally CAPTATION , French law. The act of one who succeeds in controlling the will of another, so as to become master of it. It CAPTATOR , French law. The name which is sometimes given, to him who by flattery and artifice endeavors to surprise tes CAPTION , practice. That part of a legal instrument, as a 'Commission, indictment, &c., which shows where, when, and b CAPTIVE. By this term is understood one who has been taken; it is usually applied to prisoners of war. (q.v.) Although CAPTOR , war. One who has talken property from an enemy; this term is also employed to designate one who has taken an CAPTURE , war. The taking of property by one belligerent from another. 2. To make a good capture of a ship, it must be CAPUT LUPINUM , Eng. law. Having the head of a wolf. An outlawed felon was said to have the head of a wolf, and might have b CARAT , weights. A carat is a weight equal to three and one-sixth grains, in diamonds, and the like. Jac. L. Dict. S CARCAN , French law. A French word, which is applied to an instrument of punishment somewhat resembling a pillory. It CARDINAL , eccl. law. The title given to one of tho highest dignitaries of the court of Rome. Cardinals are next to the CARDS , crim. law. Small square pasteboards, generally of a fine quality, on which are painted figures of various co CARGO , mar. law. The entire load of a ship or other vessel. Abb. on Sh. Index, h. t.; 1 Dall. 197; Merl. Rep. h. t. CARNAL KNOWLEDGE , crim. law. This phrase is used to signify a sexual connexion; as, rape is the carnal knowledge of a woman, & CARNALLY KNEW , pleadings. This is a technical phrase, essential in an indictment to charge the defendant with the crime of CARRIERS , contracts. There are two kinds of carriers, namely, common carriers, (q. v.) who have been considered under CARRYING AWAY , crim. law. To complete the crime of larceny, the thief must not only feloniously tale the thing stolen, but CART BOTE . An allowance to the tenant of wood, sufficient for carts and other instruments of husbandry. CARTE BLANCHE . The signature of an individual or more, on a while. paper, with a sufficient space left above it to write a CARTEL ,war. An agreement between two belligerent powers for the delivery of prisoners or deserters, and also a writt CARTMEN . Persons who carry goods and merchandise in carts, either for great or short distances, for hire. 2. Cartmen CASE , remedies. This is the name of an action in very general use, which lies where a party sues for damages for a CASE practice. A contested question before a court of justicea suit or action a cause. 9 Wheat. 738. CASE, STATED , practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them CASH , commerce. Money on hand, which a merchant, trader or other person has to do business with. 2. Cash price, in CASH-BOOK , Commerce, accounts. One in which a merchant or trader enters an account of all the money, or paper moneys he CASHIER . An officer of a moneyed institution, who is entitled by virtue of his office to take care of the cash or mon CASSATION , French law. A decision which emanates from the sovereign authority, and by which a sentence or judgment in t CASSETUR BREVE , practice. That the writ be quashed. This is the name of a judgment sometime sentered against a plaintiff whe CASTIGATORY , punishments. An engine used to punishwomen who have been convicted of being common scolds it is sometimes ca CASTING VOTE , legislation. The vote given by the president or speaker of a deliberate assembly; when the votes of the othe CASTRATION , crim. law. The act of gelding. When this act is maliciously performed upon a man, it is a mayhem, and punish CASUAL . What happens fortuitously what is accidental as, the casual revenue's of the government, are those which are CASUAL EJECTOR , pratice, ejectment. A person, supposed to come upon-land casually, (although usually by previous agreement,) CASUPROVISO , practice. A writ of entry given by the statute of Gloucester, c. 7, when a tenant in dower aliens in fee or CASUS FOEDORIS . When two nations have formed a treaty of alliance, in anticipation of a war or other difficulty with another CASUS FORTUITUS . A fortuitous case; an uncontrollable accident an act of God. See Act of God; Cas fortuit; Fortuitous event. CASUS OMISSUS . An omitted case. 2. When a statute or an instrument of writing undertakes to foresee and to provide for cert CATCHING BARGAIN , contracts, fraud. An agreement made with an heir expectant, for the purchase of his expectancy, at an inadeq CATCHPOLE , officer. A name formerly given to a sheriff's deputy, or to a constable, or other officer whose duty it is t CAUSA MATRIMONII PRAELOCUTI , Engl. law. An obsolete writ, which lies when a woman gives land to a man in fee simple, or for a less estate CAUSE , civ. law. This word has two meanings. 1. It signifies the delivery of the thing, or the accomplishment of th CAUSE , contra torts, crim. That which produces an effect. 2. In considering a contract, an injury, or a crime, the CAUSE , pleading.The reason; the motive. 2. In a replication de injuria, for example, the plaintiff alleges that the CAUSE , practice. A Contested question before a court of justice; it is a Suit or action. Causes are civil or crimin CAUSE OF ACTION . By this phrase is understood the right to bring an action, which implies, that there is some person in exist CAUTIO PRO EXPENSIS . Security for costs or expenses. 2. This term is used among the civilians, Nov. 112, c. 2, and generally on t CAUTION . A term of the Roman civil law, which is used in various senses. It signifies, sometimes, security, or securi CAUTION, TURATORY , Scotch law. Juratory caution is that which a suspender swears is the best he can offer in order to obtain a CAUTIONER , Scotch law, contracts. One who becomes bound as caution or surety for another, for the performance of any ob CAVEAT , practice. That hebeware. Caveat is the name of a notice given by a party having an interest, to some officer CAVEAT EMPTOR . Let the purchaser take heed; that is, let him see to it, that the title he is buying is good. This is a rule CAVIL . Sophism, subtlety. Cavilis a captious argument, by which a conclusion evidently false, is drawn from a princ CEDENT , civil law, Scotch law. An assignor. The term is usually applied to the assignor of a chose in action. Kames CELEBRATION , contracts. This word is usually applied, in law, to the celebration of marriage, which is the solemn act by CELL . A small room in a prison. See Dungeon. CENOTAPH . An empty tomb. Dig. 11, 7, 42. CENSUS . An enumeration of the inhabitants of a country. 2. For the purpose of keeping the reeresentation of the seve CENT , money. A copper coin of the United States of the value of ten mills; ten of them are equal to a dime, and on CENTIME . The name of a French money; the one hundredth part of a franc. CENTRAL . Relating to the centre, or placed in the centre; as, the central courts of the United States, are those loca CENTUMVIRI , civil law. the citizens of Rome were distributed into thirty-five tribes, and three persons out of each trib CENTURY , civil law. One hundred. The Roman people were dividedinto centu ries. In England they were divided into hund CEPI . A Latin word signifying I have taken. Cepicorpus, I have taken the body; cepiand B. B., I have taken the bod CEPI CORPUS , practice. The return which the sheriff, or otherproper officer, makes when he has arrested a defendant by vi CEPIT . Took. This is a technical word, which cannot be supplied by any other in an indictment for larceny. The char CEPIT ET ABDUXIT . He took and led away. These words are applied to cases of trespass or larceny, where the defendant took a li CEPIT ET ASPORTAVIT . Took and carried away. (q. v.) CEPIT IN ALIO LOCO , pleadings. He took in another place. This is a plea in replevin, by which the defendant alleges, that he too CERTAINTY , pleading. By certainty is understood a clear and distinct statement of the facts which constitute the cause CERTAINTY, UNCERTAINTY , contracts. In matters of obligation, a thing is certain, when its essence, quality, and quantity, are descri CERTIFICATE , practice. A writing made in any court, and properly authenticated, to give notice to another court of anythi CERTIFICATE, ATTORNEY'S , Practice, English law. By statute 37 Geo. III., c. 90, s. 26, 28, attorneys are required to deliver to the c CERTIFICATE, JUDGE'S , English practice. The judge who tries the cause is authorized by several statutes in certain cases to certif CERTIFICATION or CERTIFICATE OF ASSISE . A term used in the old English law, applicable to a writ granted for the reexamination or re-trial of a matt CERTIORARI , practice. To be certified of; to be informed of. This is the name of a writ issued from a superior court dir CESSAVIT , Eng. law. An obsolete writ, which could formerly have been sued out when the defendant had for two years cea CESSET EXECUTIO . The staying of an execution. 2. When a judgment has been entered, there is sometimes, by the agreement of th CESSET PROCESSUS , practice. An entry made on the record that there be a stay of the procas or proceedings. 2. This is made in CESSIO BONORUM , civil law. The relinquishment which a debtor made of his property for the benefit of his creditors. 2. This CESSION , civil law. The, act by which a party assigns or transfers property to a other; an assignment. CESSION , contracts. Yielding up; release. 2. France ceded Louisiana to the United States, by the treaty of Paris, of CESSION , eccl. law. When an ecclesiastic is created bishop, or when a parson takes another benefice, without dispensa CESTUI . He. This word is frequently used in composition as, cestui que trust, cestui que vie, &c. CESTUI QUE TRUST , A barbarous phrase, to signify the beneficiary of an estate held in trust. He for whose benefit another pers CESTUI QUE USE . He to whose use land is granted to another person the latter is called the terre-tenant, having in himself t CESTUI QUE VIE . He for whose life land is holden by another person; the latter is called tenant per auter vie, or tenant for CHAFEWAX , Eng, law. An officer in chancery who fits the wax for sealing, to the writs, commissions and other. instrume CHAFFERS . Anciently signified wares and merchandise; hence the word chaffering, which is yet used for buying and selli CHAIRMAN . The presiding officer of a committee; as, chairman of the committee of ways and means. The person selected t CHALDRON . A measure of capacity, equal to fifty-eight and two-third cubic feet nearly. Vide Measure. CHALLENGE , criminal law. A request by one person to another, to fight a duel. 2. It is a high offence at common law, an CHALLENGE , practice. An exception made to jurors who are to pass on a trial; to a judge; or to a sheriff. 2. It will be CHALLENGE . This word has several significations. 1. It is an exception or objection to a juror. 2. A call by one person CHAMBER . A room in a house. 2. It was formerly hold that no freehold estate could be had in a chamber, but it was aft CHAMBER OF COMMERCE . A society of the principal merchants and traders of a city, who meet to promote the general trade and commer CHAMBERS , practice. When a judge decides some interlocutory matter, which has arisen in the course of the cause, out o CHAMPART , French law. By this name was formerly understood the grant of a piece of land by the owner to another, on co CHAMPERTOR , crim. law. One who makes pleas or suits, or causes them to be moved, either directly or indirectly, and sues CHAMPERTY , crimes. A bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for CHAMPION . He who fights for another, or takes his place in a quarrel; it also includes him who fights his own battles. CHANCE , accident. As the law punishes a crime only when there is an intention to commit it, it follows that when tho CHANCE-MEDLEY , criminal law. A sudden affray. This word is sometimes applied to any kind of homicide by misadventure, but i CHANCELLOR . An officer appointed to preside over a court of chancery, invested with various powers in the several states CHANCERY . The name of a court exercising jurisdiction at law, but mainly in equity. 2. It is not easy to determine how CHANGE . The exchange of money for money. The giving, for example, dollars for eagles, dimes for dollars, cents for d CHANGE TICKET . The name given in Arkansas to a species of promissory notes issued for the purpose of making change in small CHAPLAIN . A clergyman appointed to say prayers and perform divine service. Each house of congress usually appoints it CHAPMAN . One whose business is to buy and sell goods or other things. 2 Bl. Com. 476. CHAPTER , eccl. law. A congregation of clergymen. Such an assembly is termed capitulum, which signifies a little head CHARACTER , evidence. The opinion generally entertained of a person derived from the common re 'port of the people who a CHARGE , contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its p CHARGE , practice. The opinion expressed by the court to the jury, on the law arising out of a case before them. 2. I CHARGE . wills, devises. An obligation which a testator imposes on his devisee; as, if the testator give Peter, Black CHARGE' DES AFFAIRES or CHARGE' D'AFFAIRES , internationat law. These phrases, the first of which is used in the acts of congress, are synonymous. 2. The CHARGER , Scotch law. He in whose favor a decree suspended is pronounced; vet a decree may be suspended before a charg CHARGES . The term charges signifies the expenses which have been incurred in relation either to a transaction or to a CHARITY . In its widest sense it denotes all the good affections which men ought to bear towards each other; 1 Epistle CHARRE OF LEAD , Eng. law, commerce. A quantity of lead consisting of thirty pigs, each pig containing six stones wanting two CHARTA . An ancient word which signified not only a charter or deed in writing, but any signal or token by which an e CHARTA CHYROGRAPIHATA VEL COMMUNIS . Signifies an indenture. Shep. Touch. 50; Beames, Glanv. 197-8; Fleta, lib. 3, c. 14, 3. It was so called, be CHARTA DE UNA PARTE . A deed of one part; a deed poll. 2. Formerly, this phrase was used to distinguish, a deed poll, which is an CHARTER , mar. contr. An agreement by which a vessel is hired by the owner to another; as A B chartered the ship Benja CHARTER . A grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoy CHARTER-LAND , Eng. law. Land formerly held by deed under certain rents and free services, and it differed in nothing from CHARTER-PARTY , contracts. A contract of affreightment in writing, by which the owner of a ship or other vessel lets the who CHARTERED SHIP . When a ship is hired or freighted by one or more merchants for a particular voyage or on time, it is called CHARTIS REDDENDIS , Eng. law. An ancient writ, now obsolete, which lays against one who had charters of feoffment entrusted to h CHASE , property. The act of acquiring possession of animals ferae naturae by force, cunning or address. The hunter CHASTITY . That virtue which prevents the unlawful commerce of the sexes. 2. A woman may defend her chastity by killing CHATTELS , property. A term which includes all hinds of property, except the freehold or things which are parcel of it. CHEAT , criminal law, torts. A cheat is a deceitful practice, of a public nature, in defrauding another of a known r CHECK , contracts. A written order or request, addressed to a bank or persons carrying on the banking business, and CHECK BOOK , commerce. One kept by persons who have accounts in bank, in which are printed blank forms of cheeks, or orde CHEMISTRY med. jur. The science which teaches the nature and property of all bodies by their analysis and combination. I CHEVISANCE , contracts, torts. This is a French word, which signifies in that language, accord, agreement, compact. In th CHIEF , principal. One who is put above the rest; as, chief magistrate chief justice : it also signifies the best of CHIEF CLERK OF THE DEPARTMENT OF STATE . This officer is appointed by the secretary of state; his duties are to attend to the business of the ofFice CHIEF JUSTICE , officer. The president of a supreme court; as the chief justice of the United States, the chief justice of P CHIEF JUSTICIARY . An officer among the English, established soon after the conquest. 2. He had judicial power, and sat as a ju CHILD, CHILDREN , domestic relations. A child is the son or daughter in relation to the father or mother. 2. We will here cons CHILDISHNESS . Weakness of intellect, such as that of a child. 2. When the childishness is so great that a man has lost his CHIMIN . This is a corruption of the French word chemin, a highway. It is used by old writers. Com. Dig. Chimin. CHINESE INTEREST . Interest for money charged in China. In a case where a note was given in China, payable eighteen months afte CHIROGRAPH , conveyancing. Signifies a deed or public instrument in writing. Chirographs were anciently attested by the s CHIROGRAPHER . A word derived from the Greek, which signifies "a writing with a man's hand." A chirographer is an officer o CHIVALRY , ancient Eng. law. This word is derived from the French chevelier, a horseman. It is. the name of a tenure of CHOICE . Preference either of a person or thing, to one of several other persons or things. Election. (q. v.) CHOSE , property. This is a French word, signifying thing. In law, it is applied to personal property; as choses in CHRISTIANITY . The religion established by Jesus Christ. 2. Christianity has been judicially declared to be a part of the c CHURCH . In a moral or spiritual sense this word signifies a society of persons who profess the Christian religion; a CHURCH-WARDEN . An officer whose duties are, as the name implies, to take care of, or guard the church. 2. These officers ar CINQUE PORTS , Eng. law. Literally, five ports. The name by which tho five ports of Hastings, Ramenhale, Hetha or Hethe, Do CIPHER . An arithmetical character, used for numerical notation. Vide Figures, and 13 Vin. Ab. 210; 18 Eng. C. L. R. CIRCUIT COURT . The name of a court of the United States, which has both civil and criminal jurisdiction. In several of the CIRCUITS . Certain divisions of the country, appointed for particular judges to visit for the trial of causes, or for t CIRCUITY OFACTION , practice, remedies. It is where a party, by bringing an action, gives an action to the defendant against him CIRCULATING MEDIUM . By this term is understood whatever is used in making payments, as money, bank notes, or paper which passes CIRCUMDUCTION , Scotch law. A term applied to the time allowed for bringing proof of allegiance, which being elapsed, if eit CIRCUMSTANCES , evidence. The particulars which accompany a fact. 2. The facts proved are either possible or impossible, ord CIRCUMSTANDIBUS , persons, practice. Bystanders from whom jurors are to be selected when the panel has been exhausted. Vide Ta CIRCUMVENTION , torts, Scotch law. Any act of fraud whereby a person is reduced to a deed by decreet. Tech. Dict. It has the CITATIO AD REASSUMENDAM CAUSAM , civil law. The name of a citation, which issued when a party died pending a suit, against the heir of the de CITATION , practice. A writ issued out of a court of competent, jurisdiction, commanding a person therein named to appe CITATION OF AUTHORITIES . The production or reference to the text of acts of legislatures and of treatises, and decided cases, in orde CITIZEN , persons. One who, under the constitution and laws of the United States, has a right to vote for representati CITY , government. A town incorporated by that name. Originally, this word did not signify a town, but a portion of CIVIL . This word has various significations. 1. It is used in contradistinction to barbarous or savage, to indicate CIVIL ACTION . In New York, actions are divided only into two kinds, namely, criminal and civil. A criminal action is prose CIVIL COMMOTION . Lord Mansfield defines a civil commotion to be "an insurrection of the people for general purposes, though i CIVIL DEATH , persons. The change of the state (q. v.) of a person who is declared civilly dead by judgment of a competent CIVIL LAW . The municipal code of the Romans is so called. It is a rule of action, adopted by mankind in a state of soci CIVIL LIST . The sum which is yearly paid by the state to its monarch, and the domains of which he is suffered to have th CIVIL OBLIGATION , Civil law. One which binds in law, vinculum juris, and which may be enforeed in a court of justice. Poth. Ob CIVIL OFFICER . The constitution of the United States, art. 2, s. 4, provides, that the president, vice-president, and civil CIVIL REMEDY , practice. This term is used in opposition to the remedy given by indictment in a criminal case, and signifie CIVIL STATE . The union of individual men in civil society under a system of laws and a magistracy, or magistracies, charg CIVILIAN . A doctor, professor, or student of the civil law. CIVILITER . Civilly; opposed to criminaliter or criminally. 2. When a person does an unlawful act injurious to another, CIVILITER MORTUUS . Civilly dead; one who is considered as if he were naturally dead, go far as his rights are concerned. CLAIM . A claim is a challenge of the ownership of a thing which a man has not in possession, and is wrongfully with CLAIMANT . In the courts of admiralty, when the suit is in rem, the cause is entitled in the Dame of the libellant agai CLANDESTINE . That which is done in secret and contrary to law. 2.Generally a clandestine act in case of the limitation of CLARENDON . The constitutions of Clarendon were certain statutes made in the reign of Henry H., of England, in a parliam CLASS . The order according to which are arranged or distributed, or are supposed to be arranged or distributed, div CLAUSE , contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, w CLAUSUM FREGIT , torts, remedies. He broke the close. These words are used in a writ for an action of trespass to real estate CLEARANCE , com. law. The name of a certificate given by the collector of a port, in which is stated the master or comma CLEARING HOUSE , com. law. Among the English bankers, the clearing house is a place in Lombard street, in London, where the b CLEMENCY . The disposition to treat with leniency. See Mercy; Pardon. CLEMENTINES , eccl. law. The name usually given to the collection of decretals or constitutious of Pope Clement V., which CLERGY . All who are attached to the ecclesiastical ministry are called the clergy; a clergyman is therefore an eccle CLERICAL ERROR . An error made by a clerk in transcribing or otherwise. This is always readily corrected by the court. 2. An CLERK , commerce, contract. A person in the employ of a merchant, who attends only to a part of his business, while CLERK , eccl. law. Every individual, who is attached to the ecclesiastical state, and who has submitted to the cerem CLERK , officer. A person employed in an office, public or private, for keeping records or accounts. His business is CLIENT , practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in whic CLOSE . Signifies the interest in the soil, and not merely a close or enclosure in the common acceptation of the ter CLOSE ROLLS , or close writs, Eng. law. Writs containing, grants from the crown, to particular persons, and for particular CLOSED DOORS . Signifies that something is done privately. The senate sits with closed doors on executive business. 2. In g CLUB . An association of persons.It differs from a partnersbip in this, that the members of a club have no authorit CO . A prefix or particle in the nature of an inseparable proposition, signifying with or in conjunction. Con and CO-ADMINISTRATOR . One of several administrators. In general, they have, like executors, the power to act singly to the persona CO-ASSIGNEE . One who is assignee with another. 2. In general, the rights and duties of co-assignees are equal. CO-DEFENDANT . One who is made defendant in an action with another person. CO-EXECUTOR . One who is executor of a will in company with another. In general each co-executor has the full power over t CO-EXECUTOR . One who is executor with another. 2. In general, the rights and duties of co-executors are equal. CO-HEIR . One of several men among whom an inheritance is to be divided. CO-HEIRESS . A woman who inherits an estate in common with other women. A joint heiress. CO-OBLIGOR , contracts. One who is bound together with one or more others to fulfil an obligation. As to what will consti CO-OPTATION . A concurring choice. Sometimes applied to the act of the members of a corporation, in choosing a person to s CO-PLAINTIFF . One who is plaintiff in an action with another. COADJUTOR , eccl. law. A fellow helper or assistant; particularly applied to the assistant of a bishop. COAL NOTE , Eng. law. A species of promissory note authorized by the st. 3 Geo. H., c. 26, SSSS 7 and 8, which, having t COALITION , French law. By this word is understood an unlawful agreement among several persons, not to do a thing except COAST . The margin of a country bounded by the sea. This term includes the natural appendages of the territory which COCKET , commerce. In England the office at the custom house, where the goods to be exported are entered, is so calle COCKETTUM , commerce. In the English law this word signifies, 1. the custom- house seal; 2. the office at the custom whe CODE , legislation. Signifies in general a collection of laws. It is a name given by way of eminence to a collectio CODE HENRI . A digest of the laws of Hayti, enacted by Henri, king of Hayti. It is based upon the Code Napoleon, but not CODE PAPIRIAN . The name of a collection of the Roman laws, promulgated by Romulus, Numa, and other kings who governed. Rome CODE PRUSSIAN . Allgemeines Landrecht. This code is also known by the name of Codex Fredericianus, or Frederician code. It w CODE THEODOSIAN . This code, which originated in the eastern empire, was adopted in the Western empire towards its decline. It CODE, JUSTINIAN , civil law. A collection of the constitutions of the emperors, from Adrian to Justinian; the greater part of CODE, NAPOLEON . The Code Civil of France, enacted into law during the reign of Napoleon, bore his name until the restoration CODE, OF LOUISIANA . In 1822, Peter Derbigny, Edward Livingston, and Moreau Lislet, were selected by the legislature to revise an CODES , Les Cing Codes; French law. The five codes. 2. These codes are, 1st. Code Civil, which is divided into three CODEX . Literally, a volume or roll. It is particularly applied to the volume of the civil law, collected by the emp CODICIL , devises. An addition or supplement to a will; it must be executed with the same solemnities. A codicil is a COERCION , criminal law, contracts. Constraint; compulsion; force. 2. It is positive or presumed. 1. Positive or direct COGNATI , cognates. This term occurs frequently in the Roman civil law, and denotes collateral heirs through females. COGNATION , civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood COGNISANCE , pleading. Where the defendant in an action of replevin (not being entitled to the distress or goods which ar COGNISANCE , practice. Sometimes signifies jurisdiction and juudicial power, an sometimes the hearing of a matter judicia COGNISANCE OF PLEAS , Eng. law. A privilege granted by the king to a city or town, to hold pleas within the same; and when any one COGNISEE . He to whom a fine of lands, &c. is acknowledged. See Cognisor. COGNISOR , English law. One who passes or acknowledges,a fine of lands or tenements to another, in distinction from the COGNITIONIBUS ADMITTENDIS , English law, practice. A writ to a justice ,or other person, who has power to take a fine, and having taken COGNOMEN . A Latin word, which signifies a family name. The praenomen among the Romans distinguished the person, the no COGNOVIT , contr. leading. A written confession of an action by a defendant, subscribed but not sealed, and authorizing COHABITATION . Living together. 2. The law presumes that husband and wife cohabit, even after a voluntary separation has ta COIF . A head-dress. In England there are certain serjeants at law, who are called serjeants of the coif, from the COIN , commerce, contracts. A piece of gold, silver or other metal stamped by authority of the government, in order COLLATERAL , collateralis. From latus, a side; that which is sideways, and not direct. COLLATERAL ASSURANCE , contracts. That which is made over and above the deed itself. COLLATERAL FACTS evidence. Facts unconnected with the issue or matter in dispute. 2. As no fair and reasonable inference can be COLLATERAL ISSUE , practice, pleading. Where a criminal convict pleads any matter, allowed by law, in bar of execution; as preg COLLATERAL KINSMEN , descent, distribution. Those who descend from one and the same common ancestor, but not from one another; th COLLATERAL SECURITY , contracts. A separate obligation attached to another contract, to guaranty its performance. By this term is COLLATERAL WARRANTY , contracts, descent. Where the heir's title to the land neither was, nor could have been, derived from the wa COLLATIO BONORUM , descent, distribution. Where a portion or money advanced to a son or daughter, is brought into botchpot, in COLLATION , descents. A term used in the laws of Louisiana. Collation -of goods is the supposed or real return to the ma COLLATION , eccl. law. The act by which the bishop, who has the bestowing of a benefice, gives it to an incumbent. T. L. COLLATION , practice. The comparison of a copy with its original, in order to ascertain its correctness and conformity; COLLATION OF SEALS . Where, on the same label, one seal was set on the back or reverse of the other, this was said to be a collat COLLECTOR , officer. One appointed to receive taxes or other impositions; as collector of taxes; collector of militia fi COLLECTORS OF THE CUSTUMS . Officers of the United States, appointed for the term of four years, but removable at the pleasure of the pr COLLEGE . A civil corporation, society or company, authorized by law, having in general a literary object. In some cou COLLISION , maritime law. It takes place when two ships or other vessels run foul of each other, or when one runs foul o COLLISTRIGIUM . The pillory. COLLOCATION , French law. The act by which the creditors of an estate are arranged in the order in which they are to be pa COLLOQUIM , pleading. A discourse a conversation or conference. 2. In actions of slander, it is generally true that an a COLLUSION , fraud. An agreement between two or more persons, to defraud a person of his rights by the forms of law, or t COLONEL . An officer in the army, next below a brigadier general, bears this title. COLONY . A union of citizens or subjects who have left their country to people another, and remain subject to the mot COLOR , pleading. It is of two kinds, namely, express color, and implied color. 2. Express color. This is defined to COLOR OR OFFICE , criminal law. A wrong committed by an officer under the pretended authority of his office; in some cases the COLT . An animal of the horse species, whether male or female, not more than four years old. Russ. & Ry. 416. COMBAT , Eng. law. The form of a forcible encounter between two or more persons or bodies of men; an engagement or ba COMBINATION . A union of different things. A patent may be taken out for a new combination of existing machinery, or machi COMBUSTIO DOMORUM . Burning of houses; arson. Vide 4 Bl. Com. 372. COMENDAM , eccles. law. When a benefice or church living is void or vacant, it is commended to the. care of some suffic COMES , offices. A Count. An officer during the middle ages, who possessed civil and military authority. Sav. Dr. Ro COMES , pleading. In a plea, the defendant says, " And the said C D, by E F, his attorney, comes, and defends, &c. T COMITATUS . A county. Most of the states are divided into counties; some, as Louisiana, are divided into parishes. COMITES . Persons who are attached to a public minister, are so called. As to their privileges, see 1 Dall. 117; Baldw COMITY . Courtesy; a disposition to accomodate. 2. Courts of justice in one state will, out of comity, enforce the la COMMAND . This word has several meanings. 1. It signifies an order; an apprentice is bound to obey the lawful command COMMENCEMENT OF A SUIT OR ACTION . The suit is considered as commenced from the issuing of the writ; 3 Bl. Com. 273, 285; 7 T. R. 4; 1 Wils. 14 COMMENDATARY . A person who holds a church living or presentment in commendam. COMMENDATION . The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that COMMENDATORS , eccl. law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and COMMERCE , trade, contracts. The exchange of commodities for commodities; considered in a legal point of view, it consi COMMISSARIATE . The whole body of officers who act in the department of the commissary, are called the, commissariate. COMMISSARY . An officer whose principal duties are to supply the army witli provisions. 2. The Act of April 14, 1818, s. COMMISSION , contracts, civ. law. When one undertakes, without reward, to do something for another in respect to a thing COMMISSION , crim. law. The act of perpetrating an offence. There are crimes of commission and crimes of omission. COMMISSION , government. Letters-patent granted by the government, under the public seal, to a person appointed to an off COMMISSION , office. Persons authorized to act in a certain matter; as, such a matter was submitted, to the commission; t COMMISSION , practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to COMMISSION MERCHANT . One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, (q. v.) COMMISSION OF LUNACY , A writ issued out of chancery, or such court as may have jurisdiction of the case directed to a proper offic COMMISSION OF REB ELLION , chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, na COMMISSIONER , officer. One who has a lawful commission to execute a public office. In a more restricted sense it is one wh COMMISSIONER OF PATENTS . The name of an officer of the United States whose duties are detailed in the act to promote the useful arts, COMMISSIONERS OF BAIL , practice. Officers appointed by some courts to take recognizances of bail in civil cases. COMMISSIONERS OF SEWERS , Eng. law. Officers whose duty it is to repair sea banks aud walls, survey rivers, public streams, ditches, & COMMISSlONS , contracts, practice. An allowance of compensation to an agent, factor, executor, trustee or other person who COMMITMENT , criminal law, practice. The warrant. or order by which a court or magistrate directs a ministerial officer t COMMITTEE , legislation. One or more members of a legislative body to whom is specially referred some matter before that COMMITTEE , practice. When a person has been found non compos, the law requires that a guardian should be appointed to t COMMITTITUR PIECE , Eng. law. An instrument in writing, on paper or parchment, which charges a person already in prison, in exec COMMlXTION , civil law. This term is used to signify the act by which goods are mixed together. 2. The matters which are COMMODATE , contracts. A term used in the Scotch law, which is synonymous to the Latin commodatum, or loan for use. Ersk COMMODATUM . A contract, by which one of the parties binds himself to return to the other certain personal chattels which COMMON . or right of common, English law. An encorporeal hereditament, which consists in a profit which a man has in COMMON APPENDANT , Eng. law. A right attached to arable land, and is an incident of tenure, and supposed to have originated by COMMON APPURTENANT , Eng. law. A right granted by deed, by the owner of waste or other land, to another person, owner of other la COMMON ASSURANCES . Title by deeds are so called, because, it is said, every man ' s estate is assured to him; these deed's or i COMMON BAIL . The formal entry of fictitious sureties in the proper office of the court, which is called filing common bai COMMON BAR , pleading. A plea to compel the plaintiff to assign the particular place where the trespass has been Committe COMMON BENCH , bancus communis. The court of common pleas was anciently called common bench, because the pleas and controve COMMON CARRIER , contracts. One who undertakes for hire or reward to transport the goods of any who may choose to employ him, COMMON COUNCIL . In many cities the charter provides for their government, in imitation of the national and state governments COMMON COUNTS . Certain general counts, not founded on any special contract, which are introduced in a declaration, for the COMMON FISHERY . A fishery to which all persons have a right, such as the cod fisheries off Newfoundland. A common fishery is COMMON HIGHWAY . By this term is meant a road to be used by the community at large for any purpose of transit or traffic. Ham COMMON INFORMER . One who, without being specially required by law, or by virtue of his office, gives information of crimes, o COMMON INTENT , construction. The natural sense given to words. 2. It is a rule that when words are used which will bear a n COMMON LAW . That which derives its force and authority from the universal consent and immemorial practice of the people. COMMON NUISANCE . One which affects the public in general, and not merely some particular person. 1 Hawk. P. C. 197. See Nuisa COMMON PLEAS . The name of a court having jurisdiction generally of civil actions. For a historical account of the origin o COMMON RECOVERY . A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a d COMMON SCOLD , Crim. law, communes rixatrix. A woman, who, in consequence of her boisterous, disorderly and quarrelsome ton COMMON SEAL , A seal used by a corporation. See Corporation. COMMON SENSE , med. jur. When a person possesses those perceptions, associations and judgments, in relation to persons and COMMON TRAVERSE . This kind of traverse differs from those called technical traverses principally in this, that it is preceded COMMON VOUCHEE . In common recoveries, the person who vouched to warranty. In this fictitious proceeding, the crier of the co COMMON, TENANTS IN . Tenants in common are such as hold an estate, real or personal, by several distinct titles, but by a unity o COMMONALTY , Eng. law. This word signifies, 1st. the common people of England, as contradistinguished from the king and t COMMONER . One who is entitled with others to the use of a common. COMMONS , Eng. law. Those subjects of the English nation who are not noblemen. They are represented in parliament in t COMMONWEALTH , government. A commonwealth is properly a free state, or republic, having a popular or representative governm COMMORANCY , persons. An abiding dwelling, or continuing as an inhabitant in any place. It consists, properly, in sleepin COMMORANT . One residing or inhabiting a particular place. Barnes, 162. COMMORIENTES . This Latin word signifies those wbo die at the same time, as, for example, by shipwreck. 2. When several per COMMUNICATION , contracts. Information; consultation; conference. 2. In order to make a contract, it is essential there shou COMMUNINGS , Scotch law. This term is used to express the negotiations which have taken place before making a contract, i COMMUNIO BONORUM , civil law. Common goods. 2. When a person has the management of common property, owned by himself and others COMMUNITY . This word has several meanings; when used in common parlance it signifies the body of the people. 2. In the COMMUTATION , punishments. The change of a punishment to which a person has been condemned into a less severe one. This ca COMMUTATIVE CONTRACT , civil law. One in which each of the contracting parties gives and, receives an equivalent. The contract of s COMMUTATIVE JUSTICE . That virtue whose object is, to render to every one what belongs to him, as nearly as may be, or that which COMPACT , contracts. In its more general sense, it signifies an agreement. In its strict sense, it imports a contract COMPANION , dom. rel. By 5 Edw. III., st. 5, c. 2, 1, it is declared to be high treason in any one who " doth compass or COMPANIONS , French law. This is a general term, comprehending all persons who compose the crew of a ship or vessel. Poth COMPANY . An association of a number of individuals for the purpose of carrying on some legitimate business. 2. This t COMPARISON OF HANDWRITING , evidence. It is a general rule that comparison of hands is not admissible; but to this there are some except COMPATIBILITY . In speaking of public offices it is meant by this term to convey the idea that two of them may be held by th COMPENSATIO CRIMINIS . The compensation or set-off of one crime against another; for example, in questions of divorce, where one pa COMPENSATION , chancery practice. The performance of tbat which a court of chancery orders to be done on relieving a party COMPENSATION , contracts, civil law. When two persons are equally indebted to each other, there takes place a compensation COMPENSATION , contracts. A reward for services rendered. COMPENSATION , crim. law; Compeusatio crimiuura, or recrimination (q. v.) 2. In cases of suits for divorce on the ground of COMPENSATION , remedies. The damages recovered for an injury, or the violation of a contract.. See Damages. COMPERUIT AD DIEM , pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail-bond. The COMPETENCY , evidence. The legal fitness or ability of a witness to be heard on the trial of a cause. This term is also a COMPETENT WITNESS . One who is legally qualified to be heard to testify in a cause. In Kentucky, Michigan, and Missouri, a will COMPETITORS , French law. Persons who compete or aspire to the same office, rank or employment. As an English word in comm COMPILATION . A literary production, composed of the works of others, and arranged in some methodical manner. 2. When a co COMPLAINANT . One who makes a complaint. A plaintiff in a suit in chancery is so called. COMPLAINT , crim. law. The allegation made to a proper officer, that some person, whether known or unknown, has been gui COMPOS MENTIS . Of sound mind. See non compos mentis. COMPOSITION , contracts. An agreement, made upon a sufficient consideration, between a debtor and creditor, by which the c COMPOSITION OF MATTER . In describing the subjects of patents, the Act of Congress of July 4, 1836, sect. 6, uses the words "composi COMPOUND INTEREST . Interest allowed upon interest; for example, when a sum of money due for interest, is added to the principal COMPOUNDER , in Louisiana. He who makes a composition. An amicable compounder is one who has undertaken by the agreement COMPOUNDING A FELONY , The act of a party immediately aggrieved, who agrees with a thief or other felon that he will not prosecute COMPROMISE , contracts. An agreement between two or more persons, who, to avoid a lawsuit, amicably settle their differen COMPROMISSARIUS , civil law. A name sometimes given to an arbitrator; because the parties to the submission usually agree to f COMPTROLLERS . There are officers who bear this name, in the treasury depart ment of the United States. 2. There are two co COMPULSION . The forcible inducement to au act. 2. Compulsion may be lawful or unlawful. 1. When a man is compelled by la COMPURGATOR . Formerly, when a person was accused of a crime, or sued in a civil action, he might purge himself upon oath COMPUTATION counting, calculation. It is a reckoning or ascertaining the number of any thing. 2. It is sometimes used in t CONCEALMENT , contracts. The unlawful suppression of any fact or circumstance, by one of the partis to a contract, from th CONCESSI , conveyancing. This is a Latin word, signifying, I have granted. It was frequently used when deeds and other CONCESSIMUS . A Latin word, which signifies, we have granted. This word creates a covenant in law, for the breach of which CONCESSION . A grant. This word is frequently used in this sense when applied to grants made by the French and Spanish go CONCESSOR . A grantor; one who makes a concession to another. CONCILIUM . A day allowed to a defendant to make his defence; an imparlance, 4 Bl. Com. 356, n.; 3 T. R. 530. CONCILIUM REGIS . The name of a tribunal which existed in England during the times of Edward I. and Edward H., composed of the CONCLAVE . An assembly of cardinals for the purpose of electing a pope; the place where the assembly is held is also ca CONCLUSION , practice. Making the last argument or address to the court or jury. The party on whom the onus probandi is c CONCLUSION , remedies. An estoppel; a bar; the act of a man by which he has confessed a matter or thing which he can no l CONCLUSION TO THE COUNTRY , pleading. The tender of. an issue to be tried by a jury is called the conclusion to the country. 2. This con CONCLUSIVE . What puts an end to a thing. A conclusive presumption of law, is one which cannot be contradicted even by di CONCLUSIVE EVIDENCE . That which cannot be contradicted by any other evidence,; for example, a record, unless impeached for fraud, CONCLUSUM , intern. law. The form of an acceptance or conclusion of a treaty; as, the treaty was ratified purely and sim CONCORD , estates, conveyances, practice. An agreement or supposed agreement between the parties in levying a fine of CONCORDATE . A convention; a pact; an agreement. The term is generally confined to the agreements made between independen CONCUBINAGE . This term has two different significations; sometimes