Page:Black's Law Dictionary (Second Edition).djvu/310

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CROSS

CROSS. A mark made by persons who are unable to virite. to stand instead of a signatiire; usunily made in the form of a Maltese cross.

As an adjective, the word is apphed to iarious demands and proceedings which are connected in subject-niutter, but opposite or contradictory in purpose or object.

—Cx-oss-action. An action brought by one who is defendant in asuit against the party vvho is plaintitt in such suit, upon a cause of action groixing out of the same transaction which is thii'e in coniroii-rsy, whether it be a contmct or turt.—-Cross-demand. Whereaperson against Wlmm a di ninnrl is made by another, in his turn malus fl druiiinil against that other, these mutunl demands are caiii-d "cross-demands." A set-off is a familiar examp . Musselinan v. Galligh-r 32 Iuwa, 3S3.—Cross-err-o_rs. Errors hci is assigned by the respondent In a Writ of ciror, ihe errors assigned on both sides are called "cross-errors."

.-\s to cross “Appezil," “Bill," “Compiaint." "Exainin:iuon.” “Reinainder," “Ruies," see those tities. As to “crossed chec ," see CHECK.

CROWN. The sovereign power in Ii monarchy. esperlally in relation to the pun- isiinn-nt, of crimes. “Feiouy is an offense of lhe croivii." Fiiirh. Law, b. l, c. 16.

Au nrnanientai badge of regal power worn an the head by sovereign princes The word is fl’(.‘l[llellIl_\ used when speaking of the sovereign himself, or the rights. duties, and prerogatives belonging to him. Also a si' er coin of the vaiue of five shillings. What» tun.

—Crnwn cases. In English law. Criminal piizscxiitions on behaif of the crush, as represcuting the public; causes in the 1-riniinal LUlll[S.—Cl'B'W)l cases reserved. In Eiuziish law. Questions of law arising in criminal trials at the assizes, (ntbeiivise than by nay of demurrer.) and not (lcciilcd there, but roseri ed for the LUl.lSlli.E‘I'EtiOI1 of the court of criminal uppu.il.—Crow-ii court. In Eiigiisb law. The court in nhich the croiin cases, or criminal lu.im-ss, at the nssizcs is trnnsacted.—Crown lu l"r_slisli law. Debts due to the crown. vihich are put, by various statutes, upon .-1 difi'ei'i-nt footing from those due to H sub- jec-t.—Crown lands. The deinesue iauds of the «rown.—Crnwn law. Criminal law in England is sometimes so temicd, the cronn being always the proseciilor in criminal [)lD(‘El‘din,’:S. 4 Bl. Comm. 2.—C1-ow-ii ufiice. The criminal side of the court of king's In-ncb. The king's attorney in this court is callid “master of the crown ollice." 4 Bl. Comm. 3(lS.—Crown office in chancery. One of the offices of the English high court of chanc ‘y. now transferred to the high court of juSti( . The principal of- , the cierk of the crown. is an oliicer of pa!‘ iiuient, and of the ion] chancellor. in his norijinlicial Cnpi1Cit_\, rather than an officcr of the courts of lavi.—Cx-ixwn apex-. A paper containing the list of criminal cases which await the hearing or decision of the court, and pairicuinrly of the court of king's bench; and it tlie.:i includes all (as-=s musing fiuin inl'oiu1:itions qua icurranto. CI'll]1i[l‘li infnrmntions, criminal cases bronzbt up from inferior courts h_v writ of oertiarmi, and cases from the sessions. Brown.—Cx'orwn side. The criminni department of the court of king's beach; the civii department or branch being caileil the

302

ORUELTY

"plea side." 4 Bl. Comm. 26.'i..—Cx-awn rollo- itnx-. _ In Engiond, the solicitor to the treasury acts. in state prosecutions, as solicitor for the croiin in preparing the prosecution. In Ire land there are officers called "crown solicitors" uttaclicd to eadn circuit Whose duty it is to get up every case for the crown in criminal prosecutions. They are paid by salaries. There is no such system in Engiantl, where D|'4lS(5(l.l- tions are conducted by soiicitors appointed by the parish, or other persons bound over to prosecute by the magistrates on each committal: but in Scotland the stiii better plan exists of 1 crown prosecutor (called the "procurntor-fiscai." and being a subordinate of the lord-advocate) in every county, who prepares evci-y criminal pro!- ecution. Wharton.

CROWNER. In old Scotch law. Cor-

oner: a coroner. "Crowner's quest," a cor- oner's inquest.

CROY. In old Engiisl: law. Marsh land. Blount

CRUCE SIGNATI. In old Engiiah law. Signed or inarked with a cross. Pilgrims to the holy land, or crusaders; so called because they wore the sign of the cross upon their garments. Speiinan.

CRUELTY. The Intentional and malicious infiictiou of physicai suffering upon living creatures, particuiarly human beings; or, as applied to the latter, the irauton, nia- licious, and unnecessary infiictiou of pain upon the body, or the feelings and emotions, aiuisive treatment; inhumanity: outrage.

Chieiiy used in the law of divorce, in such phrases as “cruel and abusive treatinent." "cruel and barbarous treatment." or "criiei and inhuman treatment.” as to the meaning of which, and of “crucity" in this sense we Mn_v v. May, 62 Pa. 206: Waidron v. Wald- i'on, Sf Cai. 251, 24 Pac. 649. 9 L. R. A. 48?; Ring r. Riii,-.,'. 11S Ga. 183. 44 S. E. Sill 62 In. R. A S78: Sharp v. Sharp. 16 Ill. App 348: Mirick v. lilyrick, 67 Ga. 771: Shell v. Sheil_ 2 Snecd (Tenn.) T10; Vigiios v. Vlgrnos. 15 Ill. IS6; Poor v. Poor. 8 N. U 307. 29 Am. Dec. 664; Goorliich r. Gund~ ri Ii. 44 Ala. GTO: Bailey v. Bailey. 97 Vila-H 373; Close v. Close. 25 N. J. Eq. 526: C-no v. Cole. ‘.’..'3 Iowa. 43'}: Turner r. Turner. 122 Iowa, 113. 97 N. W. 907: Levin v. Lei‘ in. 65 S. C. 123, 46 S. E. 945.

.4» hehnmri husband and wife. Those acts which Iilfoct the life, the health, or cvi-n Ilie comfort, of the party aggrieied and give in rensrinahlc apprehension of bodiiv hurt, are cn_|led "crucify." Wh:it mereiy wounds the TEPIIIIQ is scliinm admitted tn be criielti. unle<' the It! be accompanied with bodiiv inj_ri-. f‘il.l‘lf‘l in tunl or menaced. Mere fl|lS(Bl‘lI.y of tempei. pctiilance of mnnneis. rudeness of i.«lD;Elll13e,Q want of civil attention and accommodation. mu occasional sallies of passion, will not amount is legal crui-ity; n. fnrliu , the deniai of little indiil.:cur-es and particuinr arcninmodations.v4n'v|~ the delicacy of the world is apt to numti among its neccssiiiies. is not cruelty. The neatiic ilesciipiions of crucity are perhaps the bbl. under the infinite iaricty of cases that n..l occur, by showing what is not cruelty. Ilvaue v. Evans, 1 Hiigg. Coust. 35; “:(‘5'tl.llE1lLl.\ V»

Weshneath, 4 Eng. Ecc. 238. 311. 311.