Page:Black's Law Dictionary (Second Edition).djvu/172

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CAMPUS

CAMPUS. In old European law. All assembly of the people; so czilied from ‘being anciently held in the open air, in some plain capable of containing a large number of persons.

In feudal and old English law. A field, or plain. The field, ground, or lists marked out for the combatants in the ducllum, or trial by hnttie.

—Ca.inpns Mcii. The fleid of May. An anniversary assembly of the Saxons, held on May-day, \‘\.l.ll-‘I1 they confz-dcr-ited for the defense of the kingdom against all its enemies. —Camp1u Mnrtii. The field of March. See Cams on imms.

CANA. A Spanish measure of length varying (in diifferent iocalitis) from about five to seven feet.

CANAL. An artificial ditch or trench tn the ezuth, for confining water to a deflued channel. to be used for purposes of transportation.

The meaning of this word, when applied to artificial passages for Water. is a trench or excavation in the earth, for conducting water and confining it to narrow limits. it is uniike the words “river." “ponil." “ioke." and other words used to designate natural bodies of water, the ordinary meaning of which is con- flned to the water itself: but it includes also the banks, and has reference rather to the ex- cavation or channel as a receptacle for the water‘ it is an artificial thing. l\‘:1i-igation Co. v. Berks County, a Pu. 202; Bishop v. Seeiey, 18 Conn. 393; hennedy v. Indianapolis, 103 U. S. 004. 26 L. 1%. 550.

CANCEL. To obliterate, strike, or cross out: to destroy the effect of on instrument by defacin-,;, obliterating, expunging, or eras-

it.

In equity. Courts of equity frequently cancel instruments which have answered the end for which they were created, or instru- ments which are void or voidnbie, in order to prevent them from heirig vexatiously used against the person apparently bound by them. Sneii, Eq. 498.

The original and proper meaning of the word “canceilmion" is the defacemcnt of a writing by drnuing lint-s across it in the form of crossbars or iaifice -work; but the same legal result may be nccompiisiied by drawing lines through any essa-ntial part erasing the signatiire, writing the word canceled" on the face of the instrument. tearing nit seals. or no)‘ similar act which puts the instriimeiit in a condition vihere its invalidity appears on its face. In re AliEl‘S' ‘Will. 74 App. Div. 461. '7 N. Y. Supp. (343: Baldwin v. I-loweii, 45 N. J. Fig. 519. 15 AH. 236: In re Algcr's ll/iii. .9 Misc. Rep. 1-13, 71' N Y. Supp. 166: Evans‘ 58 Pa. 244: Glass v. Scott. 14 C010. . 377. 60 Puc. 186; ln re 0imsted's Estalr-. 122 Cal. 224. 54 Pac. 747: Doe v. Perhes, 3 Burn. & A. 492. A revenue stamp is cacnnlpi] by writing on its [rice the initials of the person using or atfixing it. Spear v. Alexander. 42 Ala. 575.

There is also a secondary or derivative meaning of the word, in which it signifies annulment or abrogation by the act or agreement of partics concerned. thouizh without physicni ilefncemcnt. Golden v. Fow_lcr, 26 Ga. 4l‘rl: Win-

ton v. Spring, 18 Cn.L 450. And “czmt-cl" may

164

CAN DLEMAS—D:\Y

sometimes be taken as equivalent to "discharge" or pay." as in an agreement by one person to c:1n(‘el the indebtedness of another to a lhmi person. Auburn City Bank v. Ieonard, 40 Barh. (N. Y.) 119.

Synonyms. Cancellation is properly db tiuguishcd from obliteration in this, that tl-A f0l‘l.l|El‘ is a crossing out, while the lnttei a I binning out; the former leB\v(.‘S the words n

gihle, while the latter renders tii-11 iiicglh. Towushend v. Howard. 86 .\Ie. 2:5, 29 .-id. 1077. “Spoliation" is the era ‘II' or alteration of a writing by a stranger, and may amuml to a cancellation if of such a on -v" as to in- validate it on its face: but defncu . ut of_ an instrument is not properly called 'spoiintiou' if performed by one having control of the instrument as its maker or one diiiy authorized to destroy it. "Revocation" is an act of the mind, of which cancellation may he a pliysiral manifestation: but cancellation does not revoke unless done with that intention. Dan :2 Brown, Cow. ‘I. Y.) 490. 15 Am. Dec. 30 In re Woods’ W‘ i (Sun) 11 N. Y. Supp. 157

GANCELLARIA. Chancery; the court of ch.iucery. Curio ciznceliuria is also used in the same sense. See 4 Bl. Comm. -16: Covvell.

Gnnoellaril Anglia Ilignitns est, nt le- eundus a 1-ege in x-egim liabetur. The dignity of the chancellor of England is that he is deemed the second from the sovereign in the kingdom. 4 lost. 78.

CANCELLARIUS. A chancellor; I scrivener, or notary. A janitor, or one who stood at the door of the court and WilB accustomed to carry out the commands of the judges.

GANCELLATURA. In old English law. A cancelling. Bract. 398D.

CANCELLI. The rails or lattice work or baiusie-rs inclosing the bar of a court or justice or the communion tnbie. Also the lines drawn on the face of a will or other writing, with the intention of revoking or an‘ nuliing it. See CANCEL.

CANDIDATE. A person who offers him- self, or is presented by others, to be elected to an office. Derived from the Latin candi- due, (white,) hecause in Rome it was the custom for those who sought office to clothe themselves In white garments.

One who seeks or aspires to some ofilce nr privilege, or who offers himself for the same A man is a candidate for an office when he is seeking such office. it is not necessary that he should have been nominated for the ot- fice. Leonard v. Cani.. 112 Pa. 624. 4 Ml. 224. See Suite v. Hirsch, 125 ind. 207, 21 N. E 1062, 9 L. R. A. 170.

CANDLEMAS-DAY. In English law. A festival appointed by the church to be ulr served on the second day of February in every year, in honor of the purification of the Virgin Mary. being forty drws after her

miraculous delivery. At this festival, f0l‘l.li-