Page:Black's Law Dictionary (Second Edition).djvu/185

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CATONIANA REGULA

CATONIANA REGULA. In Roman law. The rule which is commonly expressed in the maxim, Quad ab initio non valect tracctu temporis non convalebit, meaning that what is at the beginning void by rcrison of some ti-ebnlcnl (or other) legal defect will not became iaiid merely by length of time. The rule iippiied to the institution of hwrcdes, the bequest of legacies, and such like The rule is not without its application also in En- glish law; a. g, a ninrricd Woman’s will (being void when made) is not made valid mere- ly because she lives to become a widow. I-‘.rown.

CATTLE. A term which includes the domestic animals generally; ail the animals used by man for labor or food.

Animals of the bovine genus. In a wider sense, all domestic animals used by man for labor or for food. including sheep and hogs. Mathews v. Slate, 39 Tex. Cr. R. 553, 47 S. W. Iili; Stale v. BI‘00kiJ0'l1Se. 10 Wash. 87. 38 he 862; State v. Credle, 91 N. C. 640; State v, Groves. 119 N. C. 822, 25 S. E. 819: First Nut Bink v. Home Sav. Bank, 21 V\'ail. 299. 22 L Ed 560; U. S. v. iiinttock, 26 Fed. Cas. 1108.

—CntIle-gate. In English law. A right to pasture cattle in the land of another. It is a distinct and severiil interest in the land. passing by lease and release. 13 East, 159; 5 Taiint. 8li.—Ca.tl.le-guard. A device to prevent cattic from straying along :1 raiiroad-track at a bigbwayrrossing. Heskett v. Railway Co.. 61 iuwii. 467, 16 N. W. 5.5: Railway Co. v. Manson. 31 Kiln. 337, 2 Pac. 800.

CAITDA TERRIE. A land's end, or the bottom of a ridge in arable land. Cowell.

CAULCEIS. Highroads or ways pitched vritb flint or other stones.

CAUPO. In the civil law. An innkeeper.

Di: 4. 9. 4. 5.

CAUI-‘ONA. In the civil law. An inn or tavern. Inst. 4, 5, 3.

GAUPONES. In the civil law. Innkeep-

ers Dig. 4. 9; Id. 47. 5; Story, Ag. § 458.

CAURSINE5. Italian merchants who mine into England in the reign of Henry lil., where they established themseives as money lei.-iei's_ but were soon expelled for their usury and extortion. Cowell; Blount.

CAUCUS. A meeting of the legal voters of any poiiliciil party assembled for the purpnse of choosing delegates or for thc nominatun of uintiidntes for office. Pub. St. N. H. WJ1. p. 140. c. 78, § 1; Rev. Laws Mass. ma. is. 10;, a 11, 5 1.

CAIJSII. Lat. 1. A cause, reason, occasion. motive, or inducement. 2. In the civil law and in old English law. The word signified a source, ground,

Bl.Law Dict.(2d Ed.)—12

177

CAUSA CAUSANTIB

or mode of acquiring property; hence a title; one's title to property. Thus. "Tiiulu.s on iusta ccmso possidendi id quad -noslrum est,” title is the lawful ground of ]l(:>:1‘SSIlJg that which is ours. 8 Coke, 153. See Mack- eld. Rom. Law, as 242. 283.

3. A condition; :1 coiisideration: motive for performing a juristic act. Used of contracts, and found in this sense in the Scotch law also. Beil.

4. In old English law. A cause; a suit or action pending. Oausa te.9t1L7neritizri.a, a testanJenL'1i'y cause. Causal matrimoviiulis. a matrimonial cause. Bracf. fol. 61.

5. In aid Eiu-opeizn law. Any movable thing or article of property.

6. Used with the force of a preposition. it means by virtue of. on account of. Also with reference to, in contemplation of. (Jimsiz mortris. in anticipation of death.

-—Cnnsn calllllll. The immediate cause: tbo last link in the chain of causation.—Cnnsa. Ilata et non secntn. In the cixil law. Cunsideriition given and not followed. that is, by the event upon which it was given. The name of an action by which a thing given in the view of a certain event was reclaimed if that event did not tzihe place. Dig. 12 4; Cod -1. 6. --Cause liospitinidsl. For thc purpose of being entertain:-d as a guest 4 Mauls & S. 310. —Ca.ula jactitationis maritagii. A form of action which anciently lay against a party who _boasterl or gave out that he or she was InlI'l_'iElI to the plaintiff, whereby I1 common rep- utation of their mrirriage might ensue. 3 Bl. Comm. 93.--Causn niatrimonii przloenti. A writ lying where [l woman has given lands to a man in fee-simple with the intention that be sbnil mnrry her, and he refuses so to do within a l"l'.‘€1SlJD'li\le time. upon suitable request. Cow- eii l\ow obsolete. 3 Bl. Comm. 193. note. -—Cansa nioctis. In contemplation of approaching death. In View of defith. (‘ommoiiiy occurring in the pbrase dnmtio caum martis. (q o.)-—Cansn patet. The reason is open. ob- ' . plain, clear, or manifest. A common ex- ion in old writers. Perk. c. 1 §§ 11. 14, 97.—C3uln. protlma. The immediate. nearest. or latest cause.—Cauaa x-oi. In the civil law. The accessions, a pnrtenances, or fruits of a thing; comprebcn ing all that the clnimnnt of ii principal thing can demand from a defendant in nddition thereto, and especially what he would have had, if the thing had not been with- held from him. Inst. 4. 17. 3; Mackeld. Rom. Law, § l(JC-.——Ca.ula. remota. A reiiinte or me Iii-‘Hie cause; a cause operating indirectly by the intervention of other causes.—iCnnla soientia-. patot. The reason of the knowledge is evident. \ f('II)IIIClll phrase in Scotch practice. used in deposifions of witnesses.—Cnnsn. sine qua non. A necessary or inevitable cause: a cause without which the efifect in question could not have happened. Hayes v. Railroad Co.. 111 U. S. 228, 4 Sup. Ct. 369. 28 L. Ed. 4‘iO.-—Caiun tlltllifi. A base (immoral or illegal) cause or consideration.

CEIIIE cauam est onusn causati. The cause of a cause is the cause of the thing caused. 12 Mod. 639. The cause of the cause is to be considered as the cause of the effect also.

Ganla nansantls, oaula est cnnasti. The cause of the thing causing is the cause

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