Page:Black's Law Dictionary (Second Edition).djvu/313

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CULPABLE

llnilway Co. v. Clayberg, 107 IiL (331: Bank v. Wright, 8 Allen (Mass) 121.

As to culpable "l:ion1icide," "Negiect," and “I\’egligeuce," see those titles.

Oulpae poenn par esto. Pcena, all men- Iuram delieti statnenda. est. Let the pun- lslxmeut be proportioned to the crime. Pun- isllmeut is to be measured by the extent of the oliense.

0IiI.PR1'l‘. A person who is indicted for a crnnuial offense, but not yet convicted. it is not. however, a technical term of the law; and in its vernacular usage it seems to imply only a light degree of censure or moral reprobation.

Blackstone believes it an abbreviation of the old forms of arraignment, whereby, on the pris- oner's pleading not guilty, the clerk would respond. “ouipabilm, prit," 6. 84, he is guilty and the crown is ready. it was (he says) the viva race replication, by the clerk, on behalf of the crown, to the prisoner's plea of mm culpalzilis; pr! being 1 technical word, anciently in use in the formula of joining issue. 4 Bl. Comm. 339.

But a more plausible explanation is that given by Donaldson, (cited “’hart. Lex..) as follows: The clerk asks the prisoner, “Are you guilty, or not guilt__\-T‘ Prisoner “Not guilty." Clerk. "Qu’ii parmt. [may it prove so.] How will you be tried?" Prisoner, “By God and my country." These words being hurried over, came to sound. "culprit, how wi you be tried?" The ordinary derivation is from cuipa.

CULRAG1-I. In old Scotch law. A species of pledge or cautioner_ (scotticé, back borgli,) used in cases of the replevin of persons from one man's court to another's Slieue.

CULTIVATED. A field on which a. crop of wheat is growing is a cultivated fleld, al- though not a stroke of labor may have been done in it since the seed was put in the ground, and it is a cultivated field after the crop is removed. it is, strictly, a cultivated piece of ground. State v. Allen. 35 N. C. 36.

CIILTURA. A parcel of arable land. Blount. CULVERTAGE.}} In old English law. A

base kind of slavery. The confiscation or forfeiture which takes place when a lord seizes his tenant's estate. lslouut; Du Gauge.

Cum notio fnerit mere criminalia, in. ttitui poterit ab initin crinaiunlitet vel civiliter. When an action is merely crimi- nnl, it can be instituted from the beginning either criminally or civilly. Bract 102.

Gum adsnnt testixnonin 1-ernrn, quid opus eat verbis? When the proofs of facts are present, what need is there or words? 2 Bulst. 53.

Cum aliqnis rennnciavex-it sncietati, Iolvitnr mcietsa. When any partner re- Bl.Law Dict.(2d Ed.)—20

305

CUM PAR DELICTUM

nounces the partnership, the partnership is dissolved. Tray. Lat Max. 118.

Gum euniitente sponte rnitinl est agendnxn. 4 Inst. (16. One confessing willingly should be dealt with more lenientiy.

CUM COPULA. Lat. With copul21tion,i. e., sexual intercourse. Used in speaking of the validity of a marriage contracted "per H.-rba de futuro cum copulu." that is, with words referring to the future (a future intention to have the marriage solemnized) and consummated by sexual connection.

C-‘run de lncro duo:-urn qmeritnr, me- lior est cause possidentil. W"heu the question is as to the gain of two persons, the cause of him who is in possession is the better. Dig. 50, I7, 126».

Gum duo inter Ia pngnantin :reperinnhit in tentarnento, ultimnrn ratum eat. Where two things repugnant to each other are found in a will, the iast shall stand. Co. Lltt. 1121:; Shep. Touch. 451; Broom, Max. 583.

Cum duo jun: conellrl-uni: in 11113 persona neqnum est no :1 assent in dnohus. When two rights meet in one person, it is the same as if they were in two persons.

GUM GRAND SALIS. (With a grain of salt.) With allowance for exaggeration.

Gum in corpora dissentitur, apps:-et nnllarn esie noeeptiunem. When there is a disagreement in the substance, it appears that there Is no acceptance. Lane. 12 Allen (Mass.) 44.

Cum in testamento arnhig-ne nut eti- am perpez-arn scriptnrn eat benig-ne interpz-etnri et aeoundurn id quad credi- hile est cngitntum oredendum est. Dig. 34. 5, 2; Where an ambiguous, or even an erroneous, expression occurs in a will. it should be construed liberally, and in accord- ance with the testatofs probable meaning. Broom, Max. 568.

Gum legitlmzn nnptim feetm snnt, pa.- trem liberi eeqnnntnr. Children born under a legitimate marriage follow the condition of the father.

GUM ONERE. With the burden; sub- ject to an lncumhrance or charge. What is taken cum (men; is taken subject to an existing burden or charge.

Cum per delioturn est duo:-urn, Iemper oneratur petitor et rnelior habetnr possessuril cnusa. Dig. 50, 17, 154. When both parties are in fault the plaintiffi must always fall, and the cause of the person in possession be preferred.

Gardner v. H

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