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
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
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
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
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
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
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,
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.