Page:Black's Law Dictionary (Second Edition).djvu/312

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


Guililist Ilcet juri pro se lntrudncto rennnciate. Any one may waive or re- nounce the benefit of a principle or rule of law that exists only for his protection.

C111 llcet quad nlajris, non. debut quail. minus est non licere. He who is allowed to do the greater ought not to be prohibited from doing the less. He who has authority to do the more important act ought not to be debarred from doing what is of less impoitance. 4 Coke, 23.

Cui pater est pupulns non haibet ille pattclu. lie to whom the people is father has not a father. Co. Litt. 123.

Cniqns in sun in-te credendum est. Every one is to be believed in his own art. Dl(Ll1inSOD v. Barber. 9 Mass. 227, 6 Am. Dec 58.

Gnjns est commodnm ejus deliet else incommodum. Whose is the advantage, his also should be the disadvantage.

Gujns sst dare, ejns est disponere. Wing. Max. 53. “hose it is to give, his it is to dispose; or, as Broom says, "the bestower of a gift has a right to regulate its disposal." Broom, Max. 459. 461, 463, 464.

Gnjns est div-lsio, altering est eleetio. Whichever [of two parties] has the division, [of an estate,] the choice [of the shares] is the officr's. Co. Lilt. 1(‘-Gb. In partition betueen coparcenei-s, where the division is made by the eldest, the rule in English law is that she shall choose her hare last. Id.; 2 Bi Comm. 189; 1 Steph. Comm. 323.

Gnjul est drmnlnlum ejns est pen-ion- llnn. The risk lies upon the owner of the subject. Tray. Lat. Max. 114.

Gnjns est instituere, ejus est abrognre. Whose right it is to Lustitute, his right it is to ubrogate. Broom, Max. 878, note.

Cujnl est solrnn ejul est risque ad. cueluni. Whose is the soil, his it is up to the sky. Co. Lilt 4:1, He who owns the soil, oi- surface of the ground owns, or has an exclusive right to. everything which is upon or above it to an indefinite height. 9 Coke, 54: Shep. Touch. 90; 2 Bl. Comm. ‘[8: 3 Bl. Comm. 217; Broom. Max. 395.

Cnjns est snlunl, ejns est nsqne ad cmlum et ad i.n.feros. To Wiiomsoever the soil belongs, he owns also to the sky and to the depths. The ouiier of a. piece of land owns everything above and below it to an indefinite extent. Co. Litt. 4.

Gnjus ,hu-is (i. e., jurisdietinnis) est pi-inclpale, ejnsdeni jru-is ex-it accesso- rium. 2 Inst 493. An accessory matter is suluect to the same jurisdiction as its pricnipul.



Gnjns per en-orem dati repetitio est, ejns oonsulto (lati dunatio est. He who gives a thing by mistake has a right to re cover it back; but, if he gives designedly, it is a gift. Dig. 50, 17, 53.

Cnjulque rei. potissinia pats est pricnipium. The chiefest port of everything is the beginning. Dig. 1, 2, 1; 10 Coke, 49:1.

CUL DE SAC. (Fr, the bottom of a sack.) A blind alley; a street which is open at one end only. Bartlett v. Bangor, 67 Me. 467; Perrin v. Railroad Co., 40 Barb. (N. Y.) 65; Talllott v. Railroad Co., 31 Gl‘l1L (Vu.) 691; Hickok v. Piuusburg. 41 I3-.irb. (N. Y.) 135.

CULAGIUM. In old records. The laying up a ship in a dock, in oider to be repaired. Cowell; Blount.

CULPA. Lot. A term of the civil law, meaning fault, neglect, or negligence. There are three degrees of culpu,'liila L-ulpa, gross fault or neglect; leuis culpa, ordinary fault or negiect; lei-éssinia culpa, slight fault or neglect,—and the definitions of these de- grees are precisely the same as those in our law. Stoiy, Baiim. § 18. This term is to be distinguished from doius, which means fraud, guiie, or deceit.

Gulpa onrst qui suit sad prnliibars non potent. He is Clear of biiiine who knows, but uinnot prevent. Dig. 50, 17, 50.

Culpa est inirniscere IB rei Ad In non pea-tinentl. 2 Inst 208. It is a fault for any one to meddle in a matter not pertaining to him.

Culpa lata dulu mquipatntnr. Gross negligence is held equivaient to lutentioiml wrong.

Gnlpn tenet [teneat] suns nnutoren. Misconduct binds [should bind] its own nuthors. It is a never-fuiiing axiom that evuiy one is accountable only for his own deiitls. Ersk. Inst. 4, 1, 14.

CULPABILIS. Lat. In old English law. Guilty. Gulimbilis tic lntrusiane.—guilly of intrusion. Fieta. lib. 4, c. 30. § 11. Non culpabilis, (abbreviated to non cul.) In criminal procedure, the plea of “not guilty.” See CULPEIT.

CULPABLE. P-iamnble: censurubie; in- volvlng the breach of a legal duty or the coniiuission of a fault. The term is not nec- essarily equivalent to "ci'imini11," for, in present use, and notwithstanding its derivation, it implies that the act or conduct spoken of is reprehensible or wrong but not that it in-

voives malice or a guilty purpose. “Ciil[mbie" in fact connotes fault rather than guilt.