Page:Black's Law Dictionary (Second Edition).djvu/212

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CIVIL LAW

son of his intoxication. Moran v. Goodwin, 130 Mass. 153, 30 .\m. Rep. 4-13; Bnlxcr v. Pope, 2 Hun (N. Y.) 556; Hendmgton v. Smith, 113 Iowa, 107, 84 N. W. 9&3.

CIVIL LAW. The "I’.oman Law" and the "Civil Law" are convertibie phrases, meaning the same system of jurisprudence; it 15 now frequently denominated the "Roman Civil Law."

The word "civil," as applisd to the inws ln force In Louisiana. before the adoption of the Civil c, is not used in contradlstlnction to the word "crlniinal." but must be restricted to the Roman inn". ]t is used in controdistinciion to the laws of En-giund and those of the respective states. Jennison v. Warmack, 5 La '

I. The system of jurisprudence held and administered in the Roman empire, partic- uiarly as set forth ID the compilntion of Justinian and his successors,—cnmprising the institutes, Code, Digest, and Noveis, and collectlreiy denominated the "Corpus Juris Gio- ('lis,"—as distinguished from the common law of England aud the canon law.

2. That rule of action which every particular nation. commonwealth, or city has estahiished pecnllariy for itself; more properiy called “munlcipnl" law, to distinguish it from the "law of nature," and from international law.

The law which a people enacts is called the “civil iaw" of that people, but thnt law which natural reason appoints for all mankind is called the "iaw of nations," because all nations use it. Bowyer, Mod. Civil Law, 19.

3. That division of municipal law which is occupied with the exposition and enforce.» meut of civil rights, as distinguished from orinzinal law.

CIVIL LIST. In English public law. An annual sum granted by parilainent, at the commencement of each reign, for the expense of the royal househoid and establishment, as distinguished from the general exigencies of the state, bfling a provision made for the crown out of the taxes in lleu of Its proper patrimony, and in consideration of the assignment of that patrimony to the pnhiic use. 2 Steph. Comm. 591; 1 Bl. Comm. 332.

CIVIL SERVICE. This term properly includes all functions under the government, excspt miiltary functions. In general it is confined to functions in the great administrative departments of state See Hope V. New Orieans. 106 La. 345, 30 South. 842; People v. Cram. 29 Misc. Rep‘ 3'59. 6] N. Y. Supp. 853

Gl'Vl2l'..IAN. One who is skilled or versed in the civil law. A doctor, professor, or stu- dent of the civil law. Also a nrivnte clti7en, an distinguished from such us belong to the army and navy or (in England) the church.

204

CLAIM

CIVILIS. Lat. Civil, as distinguished from crin.n'.unl. Cimlis actio, a civil action Bruct. foi. 101b.

CIVILISTA. In old English law. A civil lawyer, or clvilian. Dyer, 207.

CIVILITER. Clviily. in a person's civil character or position, or by civil (nut crimi- nni) process or procedure. This term is and in distinction or opposition to the wuul "crfm€n.tLl€te1',"—cri1ninally,—tu dxstinguk! civil actions from criminal prosecuilons. —Civi.liter mortuus. Civilly (load; dead In the view of the law. The condition of one ullo

5: lost his ci\ii rights and capacities, and is accounted dead in law.

CIVILIZATION. In practice. A law: on not of justice, or judgment which renders a criminal process civil; performed by turning an information into an inquest, or the contrary. Wharton.

In public law. This is a term which covers several states of society; It is relative, and has not :1 fixed sense, but It impiies an improved and progressive condition or the people, living under an organized government, wlth systematized labor. Lndivlduui ownership of the soil. individual accumulations of property, humane and somewhat cultivated manners and customs, the Institution of the family, with wc.li-defined and respected domestic and sociai relations. Institutions of learning, inteiiectuni activity, etc Roche v. Washington, 19 Ind. 56. 81 Am. Dec. 376.

CIVIS. Lat. In the Roman law. A citi- zen; ns distinxruished from inoolo, (an inh£\l)itant;) origin or birth constituting the former. domicile the iatter. Code. 10, 40, 1. And see U. S v. Pdiodes. 27 Fed. Cas. 733.

CIVITAS. Lnt. In the Roman law, Any body of people iivlng under the some laws; :1 state. his cizvitatis, the law of a state; civil law. Inst. I. 2, 1. 2. C'1'vilntcs fcederatce, towns in alliance with Home, and considered to be free. Buti. Hor. Jul‘. 29.

Citizenship: one of the three status, conditions, or qualifications of persons. Muc- keld. Rom. Law, 5 131.

Civ*ita.I at 111-11: in hon diiferunt, quad ineoiaa dicuntur civitas, nx-ha vero complectitur aadificia. Co. Lltt. 409. A city and a town differ, in this: that the Inhabit- ants nre coiled the “ciI.'y," but town inciudes the buildings.

CLAIM, v. To demand as one's own; to assert a personal right to any propelty or any right; to demand the pos‘ ion or en- joyment of something rightfnily one's own. and Wrongfuily withheld. I-lili v. Henry, 60

N. J. Eq. 150, 57 Atl. 555.