Page:Black's Law Dictionary (Second Edition).djvu/317

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


CURTESY

sun, 5 Cow. (N. Y.) 74, 15 Am. Dec. 433; Ryan v. Freeman, 36 Miss. 175.

Initiate and consummate. Curtesy initime is the interest which a husband has In his w|lc's estate after the birth of issue capable nf inheriting and before the death of the wife; an-=r her death, It becomes an estate “by the curiesy consummate." “Exit v. Wait, 4 Barb. (N. Y.) 205 Churchill v. Eludson (C. C.) 34 Pad. 14; Turner v. Heinberg, 30 Ind. App. 615, 65 N. E. 294.

CURTEYN. The name of King Edward the Confessor's sword. It is sold that the point of it was broken, as on emblem of mercy. (Mat. Par. in Hen. llL) Wharton.

CURTILAGE.}} ‘1‘he inclosed space of ground and buildings immediately surrounding a dwelling-house.

lu its most comprehensive and proper legal signification, it includes all that space of ground unfl huildiugs thereon which is usually inclosed Wltlllll the general fence Immediately surrounding a principal messuage and outbuildings. nnd yard closely ndjoining to s dweliing-house, but it may be large enough for cnltle to be levant and couchnnt therein. 1 Chit. Gen. Pr. 175.

The curtiluge of a dwelling-house Is a space, necessary and convenient and huhitunlly used for the family purposes, nnd the carrying on of domestic employments. It includes the garden, If there be one, and it need not be separated Irom other lands by fence. State v. Shaw. 31 Me 523; Com. v. Barney. 10 Cush. (Mass) 430: Derriclsson v. Edwards, 29 N. J. Law. 47-1. 80 Am. Dec 220.

The curtilnge is the court-yu.rd in the front or mar of a house, or at its side, or any piece of ground lying near, lncloserl and used with, the house, nnd necessary for the convenient occu-

stion of the house. People v. Gedney. 10

un (N. Y.) 154.

in hfichigsn the meaning of curtilnge has been extended to inciurie more than an inclosure near ihe house. People v. Taylor, 2 Mich. 250.

CIYBIILES THERE. law. Court lands. Cowell. LANDS.

In old English See Counr

CURTILLIUM. A curtilnge: the area or space within the inclosure of a dwelling- honse Spelmau.

CURTIS. A garden; a space about a house; a house, or manor: a court, or pal- ace; a court of justice; in noblemnn's resi- dence. Spelmnn.

CUSSORE. A term used in Hindustan for the discount or allowance mode in the exchange of rupees, iu contrzullstiuction to harm, which is the sum deducted. Em‘. Loud.

CUSTA, GUSTAGIUM, GUSTANTIA. Costs

CUSTODE ADMITTENDO, CUSTODE AMOVENDO. Writs for the admitting and remo\'i.ug of guardians.

CUSTODES. In Roman law. dians; observers; inspectors.

Guard- Persons who

309

GUSTO M

acted as inspectors of elections, and who counted the votes given. Tayl. Civil Law, 193.

In old English law. ians; conservators.

Custozlcs zuzcis, guardians of the peace 1 Bl. Comm. 349.

Keepers; guard-

CUSTODES LIBERTATIS ANGLIE AUCTORITATE PARLIAMENTI. The style in which writs and all judicial processes were made out during the great revolution, from the execution of King Charles I. till Oliver Cromwell was declared protector.

GUSTODIA LEGIS. In the custody of the law. Stockwell v. Robinson, 9 Houst. (De1_) 313. 32 Atl. 528.

CUSTODIAM LEASE. In English law. A grant from the crown under the exchequer soul, by which the custody of lands, etc., seised in the king's hands, is demised or committed to some person as custodee or lessee thereof. Wharton.

CUSTODY. The care and keeping of nnything; as when an article is said to be ‘'In the custody of the court." People v. Burr, 41 How. Prac. (N. Y.) 296; Eznmerson v. State, 33 Tex. (Jr. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detuiner of a man's person by virtue of lawful process or authority; actual imprisonment. In a sentence that the defendant "be in custody until," etc., this term imports actual imprisonment. The duty of the sheriff under such a sentence is not performed by nllowmg the defendant to go at lnrge under his general watch and control, but so doing renders him liable for an escape. Smith v. Com.. 59 Pa. 320; Wilkes v. Slaughter, 10 N. C. 216; Turner v. Wilson, 49 Ind. 581; Ex pnrte Powers (1'). C.) 129 Fed. 985. -—Custo£l_v of the law. Property is In the custody of the law when it has been lntvfully taken by authority of legal process, and remains In, the possession of a. public officer (us, a sheriif) or an ollicer of a court (as, a receiver) empouered by law to hold It. Gilmnn v. ‘Villiams. 7 Wis. 334, 76 Am. Dec. 210; v. Duncan (Tenn. Ch. App.) 56 S. W. Carriage Co. v. Solunes (C. C.) ‘(OS Fed. 573' Stocklvcll v. Pmbiiisnn, 9 Houst. (l'hl.) 313

At]. .128: In re Receivcrship. 100 La. 87.), 33 South. 903. CUSTOM. A usage or practice of the

people, which, by common ndoption and no- qulescence, and by long and unvarylug habit, has become compulsory, and hns ucqulred the force of a law with respect to the place or subject-matter to which it relates. Ad-ims v. Insurance Co., 95 Pa. 355 40 Am. Itep. 662; Lindsay v. Cusimnno (C. C) 12 Fed. 564; Strnlher v. Lucas, 12 Pet. 4-1-3. 9 L. Ed 1137; Minis v. Nelson (C. C.) -13 Fed. 779: Pan-iutl v. Jones, i Cal. 498; Hursh v. Nortl), 40 I'a. 241.

A law not written. established by long us- age, and the consent of our ancestors.

D

G

H

K