Page:Black's Law Dictionary (Second Edition).djvu/311

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CRUELTY

Cruelty includes both willfniuess and mali-

cious temper of mind with which an act is done, as well as a high degree of pain inllictcd. Acts merely accidental. though they inflict great pain. are nnt “cruel." in the sense of the \\ui‘d as used in statutes against cruelty. Comm. v. Mc- ('h-llzin. 101 Mass. 34. -—Cruelty to animals. The infliction of physical pain. suffering, or death upon an animnl, when not necessary for purposes of trainmg or discipline or (in the case of death) to procure iuud or to release the unimul from icnuriible suffeiing, but done wantoniy, for more sport, for the mdulgence of u cruel and undiLlIVE temper, or uith recliit-ss indifference to us pain. Loin. v. Lutkin " Allen (Mass. .381; male v. Avery, -14 N. H "; Paine v. ' 1 City Ct. ' (N. Y.) lnu ' ll" I\ C


1': - . . ' i, 1 . State v. Bos- worlll. 54 Conn. 1, 4 Atl. 24 Mt.-Kinnc V. State, 81 (in 16-1. 9 S. E. 1091; Waters v. People. 23 Colo. 33, 46 Poe. 11; 33 L. R. A. 336, as Am. St. Hep. :£l.fn.—-Legal cruelty. Such as mil uarrunt the granting of a divorce in the injured party; as distinguished tron-i such kinds or degrces of cruelty as do not. under the stntutes and decisions, amount to suiti- iient cause for a decree. Legal cruelty may he rleiined to be such cunduct on the part of the hlhliilud as will endanger the hfe, limb. or ht-..;.h of the wife, or create a reasonable appre- hension of bodily hurt; such acts as render co- hnliitatiuu nnsnie, or are likely to be nttcndcd wiih injury to the person or to the health of the wife (Idom v. Odom. :6 Ga. :Z‘.bIi.—~Ci-uel and unusual punishment. see I'uN1sn.\ii:‘.Nr.

CRUISE. A voyage undertaken for a giien purpose: a voyage for the purpose of innkins: captures jurc bclli. The Brutus, 2 Gail. 538, Fed Cas. No. 2.060.

.1 Voyage or expedition in quest of vessels or fleets of the enemy Wl.liLl.i may be expected to sail in any particular track at a certain season of the year. ’1l.ie refion in which thcse cruisns are pci-Eoirned ls ‘l1.\liii1LV termed the “rendez- vnus." or “cruising lnljtude." Iiouvier.

1'-ports Ii dc-linitc plow, as well as time of mnunt-nccment and teiniinntion_ unless such construction is repelled by the context. When not otherwise spcciiilly iigreerl, a cruise begins and 1-mls in the country to which a ship belongs, and from which she r ‘was her cuminis.<ion_ The Brutus. 2 Gall. 5' Fed. Cas. No. 2.060.

CRY. To call out aloud: to pul-.iish; to sell at auction. tract of land." (Va) 335, (2G0.)

A cimuor raised in the pursuu ct an cs- niping felon. 4 Bl. Comm. 293. See Hus: AND CRY.

to proclaim; “To cry a Curr v. Gnoch. 1 Wash.

CRY DE PAIS, or CE] DE PAIS. The hue and cry raiscd by the people in ancient times, where a felony had been committed and the constable was absent.

CRYER. An auctioneer. Curr v. Gooch. 1 Wash. (i-'41.) 337. (‘_’G2.) One who calls out nloud, one who publishes or proclaims. See CRIER.

CRYPTA. ground, or under a church or cathedral. Cause.

A chapel or oratory under- Du

CUGKING-STOOL. An engine of correction for common scoids, which in the

303

CUILIBET IN ARTE SUA PERITO

Saxon language is said to signify the scolding-stnol. though now it is freijiiently corrupted luto ducking-stool. because the judgment was that, when the woman was placed therein, she should be plunged in the water for her punishment. It was also vailoiisiy called a “ti'ehnchet." “tnnil-rel." or "castigatory." 3 Inst. 21:); 4 Bl. Comm. 169: Brown. James v. Coinin.. 12 Serg. & R. (Pa.) 220.

CUEILLETTE. time law.

A term of French mori- See A CUEILLEITE.

GUI ANTE DIVORTIUM. (To whom before divorce.) A writ for a womnii di- vorced from her husband to recover her lands and tenements which she had in feesimple or in tall, or for life, from him to whom her husband nllennted them during the mnri-i , when she could not galnsay it. Reg. Orig. 233.

GUI BOND. For whose good; for whose use or benefit. “Cali bum) is ever of great weight in all agreements." Parker, C. J.. 10 Mod 135. Sometimes translated. (or what good, for what useful purpose.

Guicunque aliquls quid caucedit omi- nedere viiletur at 1:1. sine qua re: ipsa ease nun putuit. 11 Coke, 52. “hoe-ver grunts anything to another is supposed to grant that also without which the thing it- self would be of no effect.

GUI IN VITA. (To whom In life) A writ of entry for a widow against him to whom her husband aiiuned her lands or tenements in his lifetime, which must conmin in it that during his life she could not withstand it. Reg. Orig. 232; Fitzh. Nat. P-rev. 193.

Gui jurisdictio data. est. en quuque eoncessa ease videntur, sine quibun ju- risdictio explicari nan potest. To whom- soever a jurisdiction is given. those things also are supposed to be granted, wnhuui. which the jurisdiction cannot be exercised. Dig. 2, 1, 2. The grant of jurisdiction implies the grant of all povscrs necessary to its exercise. 1 Kent. Comm. 339.

Gui jun est dunandi, eidem at vendendi et enncedendi Jun est. He who has the right of giving has iilso the right of selling and granting. Dig. 50. 17. 163.

Guilibet in into nun. peritn est credendum. Any person skilled in his peculiar art or profession is to be believed. [L 6.. when he speaks of matters connected with such art.] Co. Litt. 1250.: Shelf. i\-iar. & Div. 206. Credence should be given to one skilled in his peculiar profession. Broom, Max. 932.

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