Page:Black's Law Dictionary (Second Edition).djvu/184

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CASUS

wreck, etc. Dig. 44, 7, 1, 4—Casus nmissns. A case oinitt an eient or cuntingmicy for which no pro on is made: particularly a case not provided for by the statute on the general subject, and which is therefore left to be governed by the common law.

Casns for-tiiitns non est apex-andus, at nemo tenetnr devinnre. A fortuitous event is not to be expected, and no one is hound to foresee it. 4 Coke, 66.

Casus fox-tnitus non est suppunendnl. A fortuitous event is not to be presumed. Hardr 82, arg.

Casns nmissul ct obiivioni dnlms (lisp pnsitioni Juris communis relinqnitnr. A case omitted and given to oblivion (forgotten) is left to the disposal of the common law. 5 Coke, 38. A particular case, left un- provided for ‘by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max. 46.

Casual mnissns pro amino habendul est. A case omitted is to be held as (intentionally) omitted. Tray. Lat. Max. 67.

CAT. An instrument with which criminals are flogged. it consists of nine lashes of whip-cord, tied on to a wooden handle.

CATALLA. In old English Law. Chattcla The word among the Normans primarily signified only beasts of husbandry. or, as they are still called, "cattle," but, in a SE-(‘0lldal‘y sense, the term was applied to all movables in general, and not only to these; but to whatever was not a fiet or feud. Wharton.

—Catn.l.ls. otioln. Dead goods or chattels, as distinguished from animals. Idle cattle. that is, such as were not used for working, as distin- guished from heasts of the plow; called also rmim-ulia utiass. Bract. tols. 217, 217b,‘ 3 Bl.

mm. 9.

I

Catnlln. Juste possossa amitti non possunt. Chnttels justly possessed cannot be lost. Jeuk. Cent 28.

Cntalls. rzputantnr inter mlnima in legs. (lhattcls are considered in law among the least things. Jenk. Cent. 52.

CATALLIS CAPTIS NOIVLINE DIS- TRICTIONIS. An obsolete writ that lay where a house was within a borough, for rent issuing out of the same, and which warranted the taking of doors, windows, etc., by way of distress.

CATALLI5 REDDENDI5. For the return of the chattels: an obeoiete writ that lay where goods delivered to a man to keep till a certain day were not upon demand redelivered at the day. Reg Orig. 39.

CATALLUM. A chattel. Most frequent- ly used in the plural form, oatallo, ((1. 1).]

176

CATHOLIC EMANCIPATION ACT CATALS. Goods and chattels. See CA- urns. CATANEUS. A tenant in oapite. A

tenant holding immediately of the crown. Spelman.

CATASCOPIIS. archdeacon.

An old name for an

CATGHTNG BARGAIN. See BARGAIN.

CATGHINGS. Things caught, and in the possession, custody. power, and dominion of the party, with a present capacity to use them for his own purposes. The term includes bluhber, or pieces of whale flesh cut from the whale, and stowed on or under the thick of a ship. A policy of insurance upon our. fits, and catchings substituted for the Ul.lt[i(.S, in a whaling voyage. protects the i)ll'|lJh9K'. Rogers v. Insurance Co.. 1 Story, 603: Fed. Cas. No. 12,016: 4 Law Rep. 297.

CATCKLAN1). Land in Norfolk, so call- ed hecause it is not known to what parish it he-longs, and the minister who first seizes the tithes of it, by right of preoccupation. eu- joys them for that year. Cowell.

CATCBIPOLL. A name formerly given to a sheriiI"s deputy, or to a constable. or other officer whose duty it is to arrest persons. He was a sort 01' serjeant. The word is not now in use as an official designation. Minshew.

GATER COUSIN. (From Fr. Qumra- cousin.) A cousin in the fourth degree; hence any distant or remote relative.

CATHEDRAL. In English ecclesiastical law. The church of the bishop of the diocase, in which is his calhedra, or throne, and his special jurisdiction; in that respect the principal church of the diocese. —Cathed.rLI.‘i preferments. In English ecclesiastical law. All deanerios. nrchdeaconries, and caunnries, and generally all dignitics and officcs in any cathedral or collegiate church. be- low the rank of a bishop.

CATHEDRATIC. In English ecclesiastical law. A sum of 25. paid to the hisliop by the inferior clergy; but from its iieing usually paid at the bishop's s1/nod, or visitation, it is commonly named swloduls. Wharton.

CATHOLIC CREDITOR. In Scotch law. A creditor Whose debt is secured on all or several distinct parts of the dehtor's prop- erty. Bell.

CATHOLIC EMANCIPATION ACT. The statute of 10 Geo. IV. c. 7, by which no- man Catholics were restored, in general. to the full enjoyment of all civil rights. except that of holding ecclesiastical oiiices, and certain high appointments in the state. 3

Steph. Comm. 109.