Page:Black's Law Dictionary (Second Edition).djvu/319

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CUSTOS

guev-n's bench and common pleas, whose office it was to keep the writs returnable into those conrls. The office was abolished by 1 Win. IV.

c 5.—Custos ferarnm. guznekeeper.

Tniinsh Pl. 2l65.—Custus horrei regii. Pro- iermr of the royal granary. 2 Bl. Comm. 394 —Cnstos lnnris. In old English law. War-

den of the sea. The title of a high nzivnl oi- iicer nrnont: the Saimns and after the Conquest, rorrcspoii-img with adim'rul.—Cnstos murum. The guardian of moi-als. The uiurt of queen's bendw has been so styled. 4 Si.L'Dl.l. (‘oinrn. 377. —Cnstns pliicitoruin cox-anm. In old English ln\v_ Keeper of the pieiis of the crown. Brzict. fol. 141:. Cowell supposes this ullire to bore been the same with the curios rotulorum. But it seems railier to hiive been anotlier name for "comm-r." Crnbb. l-Eng. Law, 1-70: Brunt. fol 13GlI.—Cristos rotulorum. Keeper of the I'IillS. An officor in England who has the cus- C-~l_v of the rolls or records of the sessions of Ru peace, and also of the commission of the 1- ire itself. He is alwavs a. justice of the I;1,‘l]'|ii]J in the counly where appointed and is the principal civil officer in, the cuiintv. 1 III ('omm. salt); -1 Bl. Comm. 27 —Custos sniritualiuln.

In English ecclesiastical law. Keeper of the spirituiilities. He who exrrcisns ihe spiritual jurisdiction of it diocese during the vicnncy of the see Con-ell.—Cnstos temporalium. In English ECCll35l8Si’I("ll law. The person to whom a v, ant see or nlib-2y “as given by the king, as supreme lord. Tlis office wits, ns steward of the goods an profits. to give an iu‘4-cunt to the escheiitor, who did the like to il.1' ext-ht-qni-r—Cristni; terrae. In old English liiw. Guardian, warden, or keeper of the land.

Cnstos stnhxm hmredis in custodia. ex- lstemtis nwliorsni, non deteriurern, fa.- I.-ere potest. 7 Cake, 7. A guardian can make the estate of an existing heir under his guardianship better, not worse.

CUSTUMA ANTIQUA SIVE MAGNA. (int. Ancient or great duties.) The duties on wool, sheep-skin, or Wool-pelts and leather exported were so called, and were payable by nveiy merchant, stranger ns well us na- me, with the exception that merchant stran- gers pnid one half as much again as natives. l Bl. Comm. 314.

CUSTUMA PARVA ET NOVA. (Small and new customs.) Iinposts of 3d. in the pound, due formerly in England from mer- cli:int strangers only, for all commodities, as well imported as exported. This was llSli.'l.lly called the "aliens duty." and was first granted in 3] Ell“. I. 1 Bl. Comm. 314; 4 lost. 29.

CUT. A wound made with a sharp insirilmcut. State v. P'.it7.-1. 3 I.:\. Ann. 512; Suite v. Cod). 18 Or. 506. 23 Pat-. 591; State v .\llil'l‘S. 1 .\ J. Law. 453.

CUTCEERRY. In Hindu law. Corrupteii from li'iu'lmr1'. A court; :1 ball: an offire; the place where any public business is traiisncted

CUTE’, (SOUTH. I/1ll‘ll”ls unhiiown. UNCUTII.

Sax. Known, knowing, See COUTEIUTLAUGH,

311

0Y—PREB CUTHEED. A knowing or skillful counsellor. CUTPURSE. One who steals by the

method of cutting purses: a common proctice when men wore their purses at their girdles, as was once the custom. Wharton.

CUTTER. 0!‘ THE TALLIES. In Old English law. An officer in the exchequer, to whom it belonged to provide wood for the tallies, and to cut the sum paid upon Lliem, etc.

CUTWAL, KATWAL. The chief officer or police or superiiiteiiilent of markets in ii large [own or city in India.

CWT. A hundredmeight; one hundred and twelve pounds. Helm v. Bryant, 11 B. l\Ion. (Ky.) 64.

CY. In law French. Here. (011-am-es. hereafter; cy-demnt, heretuture.) Also as, so.

CYCLE. A measure of time: a. space in

which the same revolutions begin again; a periodical space of time. Enc. Loud

CYNE-BOT, or CYNE-GILD. The portion belonging to the nation of the mulct for eluying the king, the other portion or were being due to his family. Blount.

CYNEBOTE. A mulct anciently paid by one who killed another. to the kindred of the deceased Spelnian.

CYPHONISM. That kind of punishment used by the ancients, and still used by the Chinese, called by Slauuton the “wooden collar," by which the neck of the inslefactor is bent or weighed down. illnc. Lond.

CY-PRES. As near as [posslble.] The rule of cy-pres is a rule for the consrriiction of instruments in equity, by which the intention of the party is carried out as near as may be, when it would be impossible or ille- gal to give it literal effect. Thus, where :1 testator attempts to create a perpetuity, the court will endeavor. instead of making the devise entirely void to explain the will in such a way as to carry out the testiitor's general intention as far as the rule against perpetuitles will allow. So in the case of be- quests to charitable uses: and particularly where the language used is so vague or nu- certain that the testator's design must he sought by construction. See 6 Cruise, Dig. 165. 1 Spence, Eq. Jur. 532; Tiiylor v. Keep, 2 Ill. App. 383; Beekman v. Bunsur, 23 N. Y. 308, 80 Am. Dec. 269; Jackson v. Brown, 13 Wend. (N. Y.) 4-45; Doyla v. Whalen, 87

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