英文法律词典 C-137

CREEK¹, mar². law. Creeks³ are of two kinds, viz. creeks of the sea and creeks of ports. The former sorts are such little inlets of the sea whether within the precinct or extent of a, port or without, which are narrow rittl6 passages@ and-have shore on either side of them. The latter, Viz. breeks of ports, are by a kind of civil denomination⁴ such. They are such, that though possibly for their extent and. situation they might be ports, yet they are either members of or dependent upon other ports. In England it began thus: the king, could not conveniently have a customer and comptroller in every port or haven⁵. But these custom officers were fixed⁶ at some eminent⁷ port; and the smaller adjacent ports became by that means creeks, or appendants. of that where these custom officers were placed. 1 Chit. Com. Law, 726; Hale's Tract⁸. de Portibus Maris, part 2, c. 1, vol. 1, p. 46; Com. Dig. Navigation, C; Callis, 34.

2. In a more popular sense, creek signifies a small stream, less than a river. 12 Pick. R. 184,

CRETION, civil law.. The acceptance of a succession. Cretion was an act made before a magistrate⁹, by which an instituted heir, who was required to accept of the succession within a certain time, declares within that time that he accepted the suecession. Clef cles Lois Rom. h. t.

2. Cretion is also used to signify the term during which the heir is allowed to make his election to take or not to take the inheritance. It is so called, because the heir is allowed to see, cernere, examine, and decide. Gaii, lust¹⁰. lib. 2, 164.

CREW. Those persons who are employed in the navigation of a vessel¹¹.

2. A vessel to be seaworthy must have a sufficient crew. 1 Caines, R. 32; 1 John. R. 184.

3. In general, the master or captain (q.v.) has the selection of the crew. Vide Muster¹² roll; Seaman¹³; Ship; Shipping¹⁴ articles.

CRIB-BITING. A defect in horses, which consists in biting the crib while in the stable. This is not, considered as a breach¹⁵ of general warranty¹⁶ of soundness. Holt's Cas. 630.

CRIER. An inferior officer of a court, whose duty it is to open and adjourn¹⁷ the court, when ordered by the judges; to make proclamations and obey the directions of the court in anything which concerns the administration of juustice.

CRIME. A crime is an offence against a public law. This word, in its most general signification, comprehends all offences but, in its limited sense, it is confined to felony. 1 Chitty, Gen. Pr. 14.

2. The term misdemeanor includes every offence inferior to felony, but punishable by indictment¹⁸ or by-particular prescribed proceedings¹⁹.

3. The term offence, also, may be considered as, having the same meaning, but is usually, by itself, understood to be a crime not indictable but punishable, summarily, or by the forfeiture²⁰ of, a penalty. Burn's Just. Misdemeanor.

4. Crimes are defined and punished by statutes²¹ and by the common law. Most common law offences are as well known, and as precisely²² ascertained²³, as those which are defined by statutes; yet, from the difficulty of exactly defining and describing every act which ought to be punished, the vital and preserving principle has been adopted, that all immoral²⁴ acts which tend to the prejudice of the community are punishable by courts of justice. 2 Swift's Dig.

5. Crimes are mala in se, or bad in themselves; and these include. all offences against the moral law; or they are mala prohibita, bad because prohibited, as being against sound policy; which, unless prohibited, would be innocent or indifferent. Crimes may be classed into such as affect:

6.- 1. Religion and public worship: viz. blasphemy²⁵, disturbing public worship.

7. - 2. The sovereign power: treason, misprision of treason.

8. - 3. The current coin: as counterfeiting²⁶ or impairing²⁷ it.

9. - 4. Public justice: 1. Bribery²⁹ of judges or jurors, or receiving the bribe²⁸. 2. Perjury³⁰. 3. Prison breaking. 4. Rescue. 5. Barratry. 6. Maintenance. 7. Champerty. 8. Compounding felonies. 9. Misprision of felonies. 10. 6ppression. 11. Extortion. 12. Suppressing evidence. 13. Negligence³¹ or misconduct in inferior officers. 14. Obstructing³² legal process. 15. Embracery.

10. - 5. Public peace. 1. Challenges to fight a duel³³. 2. Riots, routs³⁴ and unlawful assemblies. 3. Affrays. 4. Libels. 11. - 6. Public trade. 1. Cheats. 2. Forestalling³⁵. S. Regrating. 4. Engross- ing. 5. Monopolies.

12. - 7. Chastity. 1. Sodomy. 2. Adultery. 3. Incest. 4. Bigamy. 5. Fornication.

13. - 8. Decency³⁶ and morality. 1. Public indecency. 2. Drunkenness. 3. Violatiug the grave.

14. - 9. Public police and economy. 1. Common nuisances. 2. Keeping disorderly houses and bawdy³⁷ houses. 3. Idleness, vagrancy³⁸, and beggary.

15. - 10. Public. policy. 1. Gambling³⁹. 2. Illegal lotteries⁴⁰.

16. - 11. Individuals. 1. Homicide, which is justifiable⁴¹, excusable or felonious.

2. Mayhem. 3. Rape⁴². 4. Poisoning, with intent to murder. 5. Administering drugs to a woman quick with child to cause, miscarriage⁴³. 6. Concealing⁴⁴ death of bastard⁴⁵ child.

7. Assault and battery, which is either simple or with intent to commit some other crime. 8. kidnapping. 9. False imprisonment⁴⁶. 10. Abduction.

17. - 12. Private property. 1. Burglary. 2. Arson⁴⁷. 3. Robbery. 4., Forgery⁴⁸. Counterfeiting. 6. Larceny⁴⁹. 7. Receiving stolen goods, knowing them to have been stolen, or theft-bote. 8. Malicious⁵⁰ mischief⁵¹. 18. - 13. The public, individuals, or their property, according to the intent of the criminal. 1. Conspiracy⁵².