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CABALLERIA, Spanish law. A measure of land, which is different in different provinces. Diccionario por la
Real Academia. In those parts of the United States, which formerly belonged to Spain, the caballeria is a lot of
one hundred feet front and two hundred feet deep, and equal, in all respects, to five peonias. (q. v.) 2 White’s
Coll. 49; 12 Pet. 444. note. See Fanegas.
CABINET. Certain officers who taken collectively make a board; as, the president’s, cabinet, which is usually
composed of the secretary of state, secretary of the treasury, the attorney general, and some others.
2. These officers are the advisers of the president.
CADASTRE. A term derived from the French, which has been adopted in Louisiana, and which signifies the
official statement of the quantity and value of real property in any district, made for the purpose of justly
apportioning the taxes payable on such property. 3 Am. St. Pap. 679; 12 Pet. 428, n.
CADET. A younger brother, one trained up for the army or navy.
CADI. The name of a civil magistrate among the Turks.
CALENDER. An almanac. Julius Caesar ordained that the Roman year should consist of 365 days, except every
fourth year, which should contain 366, the additional day to be reckoned by counting the twenty−fourth day of
February (which was the 6th of the calends of March) twice. See Bissextile is period of time exceeds the solar
year by eleven minutes or there abouts, which amounts to the error of a day in about 131 years. In 1582, the error
amounted to eleven days or more, which was corrected by Pope Gregory. Out of this correction grew the
distinction between Old and New Style. The Gregorian or New Style was introduced into England in 1752, the 2d
day of September (0. S.) of that year being reckoned as the 14th day of September, (N. S.) glee Almanac.
CALENDER, crim. law. A list of prisoners, containing their names, the time when they were committed, and by
whom, and the cause of their commitments.
CALIFORNIA. The name of one of the states of the United States. It was admitted into the Union, by−an Act of
Congress, passed the 9th September, 1850, entitled "An act for the admission of the state of California into the
_1. This section enacts and declares that the state of California shall be one of the United States, and admitted
into the Union on an equal footing with the original states, in all respects whatever.
_2. Enacts that the state of California shall be entitled to two representatives, until the representatives in
Congress shall be apportioned according to the actual enumeration of the inhabitants, of the United States.
_3. By this section a condition is expressly imposed on the said state that the people thereof shall never interfere
with the primary disposal of the public lands within its limits, nor pass any law, nor do any act, whereby the title
of the United States to, and right to dispose of the same, shall be impaired or questioned. It also provides that they
shall never lay any tax, or assessment of any description whatever, upon the public domain of the United States;
and that in no case shall non−resident proprietors, who are citizens of the United States, be taxed higher than
residents; that all navigable waters within the said state shall be common highways, forever free, as well to the
inhabitants of said state, as to citizens of the United States, without any tax, impost or duty therefor; with this
proviso, viz., that nothing contained in the act shall be construed as recognizing or rejecting the propositions
tendered by the people of California, as articles of compact in the ordinance adopted by the convention whicb
formed the constitution of that state.
2. The principal features of the constitution, of California, are similar to those of most, of the recently formed
state constitutions. It establishes an elective judiciary, and: confers on the executive a qualified veto. It prohibits
the creation of a state debt exceeding $300,000. It provides for the protection of the homestead from execution,
and secures the property of married females separate from that of their husbands. It makes a liberal provision for
the support of schools, prohibits the legislature from granting divorces, autborizing lotteries, and creating
corporations, except by general laws, and from establishing any bank’s of issue or circulation. It provides also that
every stockholder of a corporation or joint−stock association, shall be individually and personally liable for his
proportion of all its, debts or liabilities. There is also a clause prohibiting slavery, which, it is said, was inserted by
the unanimous vote of the delegates.
CALLING THE PLAINTIFF, practice. When a plaintiff perceives that he has not given evidence to maintain his
issue, and intends to become nonsuited, he withdraws himself, when the cryer is ordered to call the plaintiff, and
on his failing to appear, he becomes nonsuited. 3 Bl. Com. 376.
CALUMNIATORS, civil law. Persons who accuse others, whom they know to be innocent, of having committed
crimes. Code 9, 46, 9.
CAMBIST. A person skilled in exchange; one who deals or trades in promissory notes or bills of exchange.
CAMERA STELLATA, Eng. law. The court of the Star Chamber, now abolished.
CAMPARTUM. A part or portion of a larger field or ground, which would otherwise be in gross or common.
Vide Champerty.
CANAL. A trench dug for leading water in a particular direction, and confin−
ing it.
2. Public canals are generally protected by the law which authorizes their being made. Various points have arisen
under numerous laws authorizing the construction of canals, which have been decided in cases reported in 1
Yeates, 430; 1 Binn. 70; 1 Pennsyl. 462; 2 Pennsyl. 517; 7 Mass. 169; 1 Sumu. 46; 20 Johns. 103, 735; 2 Johns.
283; 7 John. Ch. 315; 1 Wend. 474; 5 Wend. 166; 8 Wend. 469; 4 Wend. 667; 6 Cowen, 698; 7 Cowen, 526 4
Hamm. 253; 5 Hamm. 141, 391; 6 Hamm. 126; 1 N. H. Rep. 339; See River.
CANCELLARIA CURIA. The name formerly given to the court of chancery.
CANCELLATION. Its general acceptation, is the act of crossing a writing; it is used sometimes to signify the
manual operation of tearing or destroying the instrument itself. Hyde v. Hyde, 1 Eq. Cas. Abr. 409; Rob. on Wills,
367, n.
2. Cancelling a will, animo revocandi, is a revocation of it, and it is unnecessary to show a complete destruction
or obliteration. 2 B. & B. 650; 3 B. & A. 489; 2 Bl. R. 1043; 2 Nott & M’Cord, 272; Whart. Dig. Wills, c.; 4
Mass. 462. When a duplicate has been cancelled, animo revocandi, it is the cancellation of both parts. 2 Lee, Ecc.
R. 532.
3. But the mere act of cancelling a will is nothing, unless it be done animo revocandi, and evidence is admissible
to show, quo animo, the testator cancelled it., 7 Johns. 394 2 Dall. 266; S. C. 2 Yeates, 170; 4 Serg. & Rawle, 297;
cited 2 Dall. 267, n.; 3 Hen. & Munf. 502; Rob. on Wills, 365; Lovel, 178; Toll. on Ex’rs, Index, h. t.; 3 Stark. Ev.
1714; 1 Adams’ Rep. 529 Mass. 307; 5 Conn. 262; 4 Wend. 474; 4 Wend. 585; 1 Harr. & M’H. 162; 4 Conn. 550;
8 Verm. 373; 1 N. H. Rep. 1; 4 N. H. Rep. 191; 2 Eccl. Rep. 23.
4. As to the effect of cancelling a deed, which has not been recorded, see 1 Adams’ Rep. 1; Palm. 403; Latch.
226; Gilb. Law, Ev. 109, 110; 2 H . Bl. 263: 2 Johns. 87 1 Greenl. R. 78; 10 Mass. 403; 9 Pick. 105; 4 N. H. Rep.
191; Greenl. Ev. _265; 5 Conn. 262; 4 Conn. 450; 5 Conn. 86; 2 John. R. 84; 4 Yerg. 375; 6 Mass. 24; 11 Mass.
337; 2 Curt. Ecc. R. 458.
5. As to when a court of equity will order an agreement or other instrument to be cancelled and delivered up, see
4 Bouv. Inst. n. 3917−22.
CANDIDATE. One who offers himself or is offered by others for an office.
CANON, eccl. law. This word is taken from the Greek, and signifies a rule or law. In ecelesiastical law, it is also
used to designate an order of religious persons. Francis Duaren says, the reason why the ecclesiastics called the
rules they established canons or rules, (canones id est regulas) and not laws, was modesty. They did not dare to
call them (leges) laws, lest they should seem to arrogate to themselves the authority of princes and magistrates. De
Sacris Ecclesiae Ministeriis, p. 2, in pref. See Law, Canon.
CANONIST. One well versed in canon or ecclesiastical law.
CANNON SHOT, war. The distance which a cannon will throw a ball. 2. The whole space of the sea, within
cannon shot of the coast, is considered as making a part of the territory; and for that reason, a vessel taken under
the cannon of a neutral fortress, is not a lawful prize. Vatt. b. 1, c. 23, s. 289, in finem Chitt. Law of Nat. 113;
Mart. Law of Nat. b. 8, c. 6, s. 6; 3 Rob. Adm. Rep. 102, 336; 5 Id. 373; 3 Hagg. Adm. R. 257. This part of the sea
being considered as part of the adjacent territory, (q. v.) it follows that magistrates can cause the orders of their
governments to be executed there. Three miles is considered as the greatest distance that the force of gunpowder
can carry a bomb or a ball. Azun. far. Law, part 2, c. 2, art. 2, _15; Bouch. Inst. n. 1848. The anonymous author of
the poem, Della Natura, lib. 5, expresses this idea in the following lines: Tanto slavanza in mar questo dominio,
Quant esser puo d’antemurale e guardia, Fin dove puo da terra in mar vibrandosi Correr di cavo bronzo acceso
fulinine. Far as the sovereign can defend his sway, Extends his empire o’er the watery way; The shot sent
thundering to the liquid plain, Assigns the limits of his just domain. Vide League.
CAPACITY. This word, in the law sense, denotes some ability, power, qualifi−
cation, or competency of persons, natural, or artificial, for the performance of civil acts, depending on their state
or condition, as defined or fixed by law; as, the capacity to devise, to bequeath, to grant or convey lands; to take;
or to take. and hold lands to make a contract, and the like. 2 Com. Dig. 294; Dane’s Abr. h. t.
2. The constitution requires that the president, senators, and representatives should have attained certain ages;
and in the case of the senators and representatives, that out these they have no capacity to serve in these offices.
3. All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws
which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture. The
law of the domicil generally governs in cases of this kind. Burge. on Sureties, 89.
CAPAX DOLI. Capable of committing crime. This is said of one who has sufficient mind and understanding to
be made responsible for his actions. See, Discretion.
CAPE, English law. A judicial writ touching a plea of lands and tenements. The writs which bear this name are
of two kinds, namely, cape magnum, or grand, cape, and cape parvum, or petit cape. The petit cape, is so called,
not so much on account of the smallness of the writ, as of the letter. Fleta , lib. 6, c. 55, _40. For the difference
between the form and the use of these writs, see 2 Wms. Saund. Rep. 45, c, d; and Fleta, ubi sup.
CAPERS. Vessels of war owned by private persons, and different from ordinary privateers (q. v.) only in size,
being smaller. Bea. Lex. Mer. 230.
CAPIAS, practice. This word, the signification of which is " that you take," is applicable to many heads of
practice. Several writs and processes, commanding the sheriff to take the person of the defendant, are known by
the name of capias. For example: there are writs of capias ad respondendum, writs of capias ad computandum,
writs of capias ad satisfaciendum, &c., each especially adapted to the purposes indicated by the words used for its
designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.
CAPIAS AD AUDIENDUM JUDICIUM, practice. A writ issued in a case of misdemeanor, after the defendant
has appeared and found guilty, and is not present when called. This writ is to bring him to judgment. 4 BI. Com.
CAPIAS AD COMPUTANDUM, practice. A writ issued in the action of account render, upon the judgment
quod computet, when the defendant refuses to appear, in his proper person, before the auditors, and enter into his
account. According to the ancient practice, the defendant, after arrest upon this process, might be delivered on
main−prize, or in default of finding mainpernors, he was committed to the Fleet prison, where the auditors
attended upon him to hear and receive his account. As the object of this process is to compel the defendant to
render an account, it does not appear to be within the scope of acts abolishing imprisonment for debt. For
precedents, see Thesaurus Brevium, 38, 39, 40; 3 Leon. 149; 1 Lutw. 47, 51 Co. Ent. 46, 47; Rast. Ent. 14, b, 15.
CAPIAS AD RESPONDENDUM, practice. A writ commanding the sheriff, or other proper officer, to "take the
body of the defendant and to keep the same to answer, ad respondendum, the plaintiff in a plea," &c. The amount
of bail demanded ought to, be indorsed on the writ.
2. A defendant arrested upon this writ must be committed to prison, unless he give a bail bond (q. v.) to the
sheriff. In some states, (as, until lately, in Pennsylvania,) it is the practice, when the defendant is liable to this
process, to indorse on the writ, No bail required in which case he need only give the sheriff, in writing, an
authority to the prothonotary to enter his appearance to the action, to be discharged from the arrest. If the writ has
been served, and the defendant have not given bail, but remains in custody, it is returned C. C., cepi corpus; if he
have given bail, it is returned C. C. B. B., cepi corpus, bail bond; if the defendant’s appearance have been
accepted, the return is, " C. C. and defendant’s appearance accepted." According to the course of the practice at
common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in
term time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return
day. 1 Penna. Pr. 36; 1 Arch. Pr. 67.
CAPIAS AD SATISFACIENDUM, practice. A writ of execution issued upon a judgment in a personal action,
for the recovery of money, directed to the sheriff or coroner, commanding him to take the defendant, and him
safely keep, so that he may have his body in court on the return day, to satisfy, ad satisfaciendum, the plaintiff.
This writ is tested on a general teste day, and returnable on a regular return day.
2. It lies after judgment in most instances in which the defendant was subject to a capias ad respondendum
before, and plaintiffs are subject to it, when judgment has been given against them for costs. Members of congress
and of the legislature, (eundo, morando, et redezzndo,) going to, remaining at, and returning from the places of
sitting of congress, or of the legislature, are not liable to this process, on account of their public capacity; nor are
ambassadors, (q. v.) and other public ministers, and their ,servants. Act of Congress of April 30, 1790, s. 25 and
26, Story’s Laws United States, 88; 1 Dunl. Pr. 95, 96; Com. Dig. Ambassador, B; 4 Dall. 321. In Pennsylvania,

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