Page:Black's Law Dictionary (Second Edition).djvu/187

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CAUSIDICUS 1 often called a “cause célébre," when it ls remarkable on account of the parties involved M‘ the unusual, interesting, or sensational character of the facts.

CAUSIDICUS. In the civil law. A pleader: are who argued a cause ore tenux.

CAUTELA. Lat. Care; lance; prevision.

caution : vigi-

CAUTIO.}} In the civil and French law. Security given for the performance of any Llilng: b-ill; a bond or undertaking by way of surety. Also the person who becomes a surety.

In Scotch law. A pledge, bond, or other security for the performance of an obligation, or couipletjon of the satisfaction to be ob- tained by a judicial process. Bell.

—Caritlo flrlejulsoria. Security by means_ of hands or pledges entered into by third parties.‘ D-i Cange.—Cautio Mticiana. Socui-_ity_given I-v an heir or legatee_ in order to obtain imme- il'-le possession of the inheritance or legacy. I-‘.idin_-: him and his surety for his ohscrvance of a condition annexed to the bequest, _where the art l\hl(‘.h is the object of the condition is one which he must avoid committing during his whole life, 9. 17., that he will never marry. _never leave the country. never engage in a particular n-aide. etc. See Maclield. Ibom. Law, _§ 705.- Cautio pignoratitia. Security given by plnlge, or deposit, as plate. money, or other ¢n:is—Cautlo pro expcnsis. Security for --osts. cbnrges, or eXDPl.ISI;*S.-Cllltill ns_ufrI_xctniiria. Security, which tenants for life .=:1ve, to preserve the property rented free from waste

nnrl injury. Eisk. Inst 2, 9. 59. CAUTION. In Scotch law, and in admi- ralty law. Surety; security; ball: an un-

Ilcrtnliing by way of surety. 6 Mod. 162- Sce CADTIO.

—Ca.ntion juratoz-y. In Scotch law. Securi-

_\' ;.'i\t-u by oath. That which a usnender

walls is the best he cnn afford in order to ob- uln a suspension. Ersk. Pract. 4. 3. 3-

CAUTIONARY. In Scotch law. An liistruuient in which a person binds himself is surely for another.

CAUTIONE ADMITTENDA. In English ecclesiastical law. A writ that lies iiziiiiist a bishop who holds an excommunimfeil person in prison for coutenipt. not- I‘1i|'[l11'|dLDg he utters sufficient caution or !u'.'ui'lt_\' to obey the (ll‘(l0lS and command- nm-t of the church for the future. Reg. Urlg Ell: Cowelt

CAUTIONEE. In Scotch law. A surety; ii bondsninii. One who binds himself In a hind With the principal for greater security. lle is still a cautiouer whether the bond he on my a debt, or whether he undertake to iirmlure the person of the party for whom he lshuind. Bell.

CAUTIONNEMENT. In French law. [he mine as becoming surety in English law.




9 CAVEAT VIATOB. CAUTIONRY. In Scotch law. Surety- ship. CAVEAT. Lat. Let him beware. A for-

mal notice or warning given by a party interested to a court, judge, or ministerial officer against the performance of certain acts within his power and jurisdiction. This process may be used in the proper courts to prevent (temporarily or provisionally) the proving of a will or the giant of arlinlnistration, or to arrest the enrollment of a decree in Chancery when the party intends to t4-lke an appeal, to prevent the grant of letters patent, etc. It is also used, in the American practice, as 11 kind of equitable process, to stay the granting of a patent for lands. Wilson v. Gaston. 92 Pa. 207: Slocum v. Grandln, 38 l\. J. Eq. 483; Ex parte Crafts. 28 S. C. 281. 5 S. E. 718; In re liilllei-‘s Estate, 166 Pa. 97. 31 At]. 58.

In patent law. A caveat is a formal W rltteu notice 21‘ on to the officers of the patent-office, requiring them to refuse letters patent on a particular invention or device to any other person, until the party fillng the caveat (calied the “c veiilor") shall have an 0r\lI0i"r1initv to establish his claim to priority 01' invention.

CAVJEAT ACTOR. Let the deer, or actor, beware.

CAVEAT EMPTOR. Let the buyer take care. This maxim suniinari7es the rule that the purchaser of an article must examine. jarlge, and test it for himself, being bound to discover any obvious defects or Imperfections. Miller v. Titfally. 1 Wall. 309. 17 L. Tit]. 5-l0; Barnard v. Kellog-1. 10 Wall. 388. 19 L. ‘Ed. 087; Slaugiiter v. Gersnn. 13 Wall. 383, 20 L. Ed. 627; Hiirgous v. Stone. 5 N. S1. S2; \\-'i<sler v. Craig. 80 Va. 32; Wright v. Hart, 18 Wend. (N. Y.) 453.

Caveat emptor, qnl ignornre non debriil: quad jun alienum emit. Hob. 99. Let E purcliaser beware, who ought not to be lgnornnt that he is purchasing the rights of an- other.

CAVEAT VENDITOR. In Roman law. A maxim, or rule. casting the responsibility for defects or deficiencies upon the seller of goods, and expressing the exact opposite of the common law rule of caveat cmjltor. See Wriglit v. Hart, 18 Wen(l. (N. 1'.) 4-19.

In English and American jurispru- denec. Ciwczit vemlitar is sometimes used as evpressing, in a rough way, the rule which governs all those cuses of sales to which caveat cmplor does not apply.

CAVEAT VIATOR. Let the traveler he- wzire. This Dilfilse has been used as a concise expression of the duty of :1 traveler on the

liighwa) to use due care to detect and avoid