Page:Black's Law Dictionary (Second Edition).djvu/183

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CASTELLORUM OPERATIO. In Sax- on and old English law. Castle work. Service and labor done by inferior tenants for the building and upholding castles and pub he places of defense. One of the three nec- essary charges, (tr-in-ado, mzccssitaa.) to which all lands amnng the Saxons were expressly suhject Cowell.

CASTIGATORY. An engine used to punish women who have been convicted of hclug common scnlds. It is sometimes called the “trehucl:et." "tumhrel.” “duckiu',;-stool." or "clicking-stool." U. S. v. Roynll. 27 Fed- Uns. 9017.

CASTING. Offering; alleging by way of excuse. Casting nu essoin was alleging an excuse for not appearing In court to answer an aciiou. Uolthouse.

CASTING VOTE. Where the votes of a deliberative assembly or legislative body are up.-iily diiidcd on any question or motion, It is the pilviiege of the presiding cid- uer to wst one vote (if otherwise he would not be entitled to any vote) on either side, or to Post one additionui vote, if he has al- ready voted as a member of the body. This is called the "casting vote."

lly the common law, a casting vote sometimes lauiiies the single vote of a person who never news; but, in the case of an eqnahty. some- ilmes the double vote of :1 person who first votes with the rest, and then. upon an equality. cre- am-s a majority by giving a second vote. Pcnule v. Church of Atonement. 4? Barb. (N. Y.) R0“; r S .\le 49. 33 All. 6{i'3. 31 L. ' ‘tor v. Mullins, G-1 Conn. 340, 30 At]. 1-14. 2;» L. It. A. 694.

GASTIEGUARD. In feudni law. An imiusltiuu aucuently laid upon such persons u 1l\'(’(l within a certain distance of nny unslle. towards the maintenance of such as wntched and uurdcd the castle. —Castlegun.1-d rents. In old English law. llehls paid by those that dwelt within the pre- riuts of a castle. towards the maintenance of and: as watched and worded it.

CASTEENSIS. In the Roman luw. inning to the camp or military service.

Coairense peculium, a portion of property which a son acquired in war, or from his connection with the camp. Dig. 49. 17.


CASTRUM. Lat. In Roman law. A comp.

In old English law. A castle Bract fol. ODD. A castle, including a manor. 4 Coke, 88.

GASU CONSIMILI. In old English law. A writ of entry, granted where tenant by the curiesy, or tenant for life, alienated in fee, or in tail, or for another's life, which was brought by him in reversion against the porn to whom such tenant so alienated to

D CASUS his prejudice, and in the tenant's life-time. Tcrmes de la Ley.

CASU PROVISO. A Writ of entry framed under the provisions of the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversiouer when a tennut in dower aiiened ln fee or for life.

CASUAL. That which happens occident- ally, or is brought about by causes un- known; fortuitous; the result of chance Lewis v. Lofiey, 92 Ga. 804. 19 S. E 57. —Cannn.l ejector. In practice. The nominal defendant in an action of ejectment: so called because, by a fiction of law peculiar to that action, he is supposed to come casually or by accident upon the premises, and to turn out or ' 3 Bl. ('ou1m. 203: _ rcnuh v. Robb. 67 N. J. - J. 57 L. R. A. 956. 9] Am. 433.l.—Cnnunl evidence.

St. Hap. used to denote (in cuutrndistinction to "preappointed evidence") 1111 such evidence as happens to be adducible of It fact or event, but which was not prescribed by statute or otherwise arranged hcforebnnd to be the evidence of the

foe: or event. Brown.——Casna.1 pauper. A poor person who, in England, applies for relief in a parish other than that of his settlement. The ward in the work-house to which they are admitted is called the “casual ward."-—Casua.l poor. In English law. Those who are not settlvd in a parish. Such poor persons as are suddenly taken sick, or meet with some acci- dent, when away from home, and who are thus prrIvi(lcnl.i.'\lly thrown upon the charities of those among whom they huppcn to be. Force

v. Eluines, 17 N. J. Law, 400

CASUALTY. Inevitable accident; an event not to be foreseen or guarded against. A loss from such an event or cause‘, as by fire. shipwreck lightning, etc. Story. Bsilm. § 240; Gill v. Fugnte, 117 Ky. 257, 78 S. W. 191; McCarty v. ltuilroad Co., 30 Pa. 2551; Railroad Co. v. Car Co, 132') U. S. 79. 11 Sup. Ct. 490. 35 L. Ed. 97; Ennis v. Bldg. Ass‘n, 102 Iowa. 520. 71 N. W. 426; Anthony v. Kai-hach. 64 Ne'b. 509. 90 l\'. W. 243, 97 Am. St. Rep. 6H2.

-—Ca:uaIl:ies of superiority. In Scotch Luv. Payments from an interim‘ to a superior, that is, from a tenant to his lord, which nlise upon uncertain events, as opposed to the pay- ment of rent at fixed and stated times. Bell. —-Casualties of wards. In Scotch law. The mnils and duties due to the superior in word- holdings.

CASUS. Lat. Chance; accident; event: a case; a case contemplated.

-—Casus belli. Au occurrence giving rise to or justifying war.—Casns feeder-is. In international law. The case of the treaty. The particular event or situation contemplated by the treaty, or stipulated for, or which comes within its terms. In commercial law. The case or event contemplated h the parties to an individual contract or stipulated for by it, or coming within its terms.—Cuns furtnltnu.

inevitable accident, a chance occurrence, or fortuitous event. A ioss happening in spite of all human eifort and so,-ncity. 3 Kent. Comm. 217, 300: Whnrt. Neg. §§ I13, 553. The Majestic, 166 U. S. 375, 17 Sup. Ct. 59/1'. 4-1 L. Ed. 1039. —CuI.s nsjor. In the civil law. A casual- ty; a extraordinary casualty, u fire,



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