Page:Black's Law Dictionary (Second Edition).djvu/209

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


Circnitus est ev-itandus; et bani judicir est lites dirimere, in H5 ex lite crim- tur-. 5 Ooke, 31. Circuity is to be avoided: and it is the duty of a good judge to determine lltlgntions, lest one lawsuit arise out of nnother.

CIRCUITY OF ACTION. This occurs irlicve :1 litigant by a complex, indirect, or rounfliihout course of legal prnceedirig. makes two or more actions necessan‘. in order to effect that adjustment of rights betwcen all the parties concerned in the transaction which, by a more direct course, might have been accomplished in a single suit.

CIRCULAR NOTES. Similar Instru- mcnm to '‘letters of credit." They are drain-n by resident bankers upon their foreign correspondents. in favor of persons traveling nllroad. The correspondents must be satisfied of die identity of the applicant. before moment; and the requisite proof of such identity is usually furnished, upon the appllci1nt’s producing a letter with his signature, by a comparison of the signatures. Brown.

CIRCULATION. As used in statutes providing for taxes on the circulation of banks. this term includes all currency or ctr- culating nntes or bills, or certificates or hills Intended to circulate as money. U. S. v. White (C. C.) i9 Fed. 723: U. S. v. Wflson, 106 U. S. 620. 2 Sup. Ct. %, 27 L. Ed. 310. -Circulating medium. This term is more (‘lIl|'I[ll'I‘i|l‘iI5iVE than the torn] "inonev." as it is In medium of exchanges, or purchases and lies, aliether it he gold or silver coin or any micr article,


closing of the period for lming papers, or dning any other not required in a cause. Pnlern. Comp. —Ciroumduct1on of the term. In Scotch prictice. The sentence of 51 judge, declaring the CI elapsed within which a proof ought to bra been led, and precluding the party from bringing forward any further evidence. BalL

CIRCUMSPECTE AGATIS. The title of a statute passed 13 Edw. I. A. D. 1285, and so called from the initial words of it, the abject /t which was to ascertain the lmlikiries of ecclesiastical jurisdiction in ltlepzirticuiars. or, in other words. to reglllh the jurisdiction of the ecclesiastical ail temporal courts. 2 Reeve. Eng. Law, fl. 216.

CIRCUMSTANCES. A principai tad. nr event being the object of investigation. ilie circimislanccs are the related or accessory facts or occurrences which attend upon I; which closely precede or follow it, which mlwund and accompany it, which depend Ifln it, or which support or qualify it. Pinitenbiick v. Railroad, 142 ind. 245, 41 N.



E. 530; Clare v. People, 9 Cole. 122. 10 Pac. 799.

The terms "circumstance" and “fact" are. in mnny npplituitious, synonymous: but the true distinction of a circumstance is its rclnti'i'e character. "Any fact may be u circunistance with reference to any other fact." 1 Heath. Jud Evid. 42. note; Id. 142.

Thrift, integrity, good repute, business ca- pacity, and stability of character, for example. are "circumstances' which may be very proper- ly considered in deterruiiiing the question of “adequate sccurity." Martin v. Duke, :5 Rcdf. Sur. (N. Y.) 600.

GFR.GUMSTAN'I‘IAL EVIDENCE. Evi- dence directed to the attending cli‘cuinstiicnes: eiidcuce which interentlally proves the principal fact by establishing a condition of surrounding and limiting circumstances, D whose existence is a premise from which the existence of the principal fact may be cocnluded by necessary laws of reasoning. State v. Avery, 113 M0. 475. 21 S. W. 193; Howard v. State, 34 Ark. 433; State v. E Evans, 1 Marvel (Del.) 477, 41 Atl. 136; Comm. v. Webster. 5 Cash. («\inss.) 319. 52 Am. Dec 711: Gardner v. Preston. 2 Day (Conn.) 205. 2 Am. Dec. 91: State v. Miller,

9 Houst. (Del.) 564-. 32 At]. 137.

When the existence of any fact is attested by F witnesses, as having come under the cognizance of their senses, or is stated in documents, the genuineuess and veracity of which there seems no reason to uestion, the evidence of that fact is said to be irect or positive. When. on the contrary, the existence of the principai fact is 6 only inferred from one or more circurnshances Vlllfll have been established directly, the evi- dence is said to be circumstantial. And when the existence of the principal fact does not (allow from the evidentiary facts as a necessary consequence of the law of nature, but is rleduccd from them by a process of probable reasoning, H the evidence and proof are said to be presump tive. Best. Pres. 246: Id 12.

All presumptive evidence is circumstnntiai. because necessarily derived from or made up of circumsluiicex, but all Lircuinsmntinl ciidencc is not presumptive, that is. it does not operate in the win of presumption. being sometimes of a higher grade and lending to necessary con-

clusions, instead of probable ones HurnlL CIRCUMSTANTTBUS, TALES DE. See TALES.

GIRGUMVENTION. In Scotch law. J Any act of fraud whereby a person is reduc- ed t_o a deed by decreet. it has the same sense in the civil law. Dig. 50. 17. 49. 155. And see Oregon v. Jennlnss. 119 U. S. 74.

7 Sup. Ct. 124, 30 L. Ed. 323.

CIRIC. law

in Anglo-Saxon and old English a church.

-Cirlc-bx-yce. Any violation of the pri ie as of a. church.—Ciric scent. Church-scot. or shot; an EL!Ci€SI8SI:iCfll due, payable on the day of St. Martin, consisting chiefly of corn.

GIRLISGUS. A ceori_ (q. 12.)

GISTA. A box or chest for the deposit

of charters, deeds, and things of value. M