英文法律词典 C-142

CRY DE PAYS, OR CRI DE PAIS. Literally¹, cry of the country. In England, when a felony has been committed, hue² and cry (q. v.) may be raised by the country, in the absence of the constable³. It is then cry de pays. 2 Hale, P. C. 100.

CRYER, practice. An officer in a court whose duty it is to make various proclamations ordered by the court.

CUEILLETTE. A term in French maritime⁴ law. Affreightment of a vessel⁵ a cueillette, is a contract by which the captain obligates himself to receive a partial cargo⁷, only upon condition that he shall succeed in completing his cargo by other partial lading; that is, by gathering⁸ it (en recueillant) wherever he may be able to find it. If he fails to collect a cargo, such partial charterin is void. Code de Com. par⁶ M. Fournel, art. 286, n.

CUI ANTE DIVORTIUM. The name of an ancient writ⁹, which was issued in favor of a woman divorced from her hushand, to recover the lands and tenements¹⁰ which she had in fee simple, or in tail, or for life, from him to whom her hushand alienated¹¹ them during the marriage, when she could not gainsay¹² it. F. N. B. 240. Vide Sur cui ante divortium.

CUI IN VITA. The name of a writ of entry for a widow against a person to whom the hushand had, in his lifetime, aliened the lands of the wife. F. N. B. 193. This writ was founded sometimes on the stat. 13 Ed. 1. c. 3, and sometimes on the common law. The object of this statute¹³, was to enable the wife to avoid a judgment¹⁴ to recover her land which had been rendered on the default or confession¹⁵ of her hushand. It is now of no use in England, because the stat. 32 H. VIII. c. 28, 6, provides that no act of the hushand, whether fine, feoffment, or other act of the hushand during coverture, shall prejudice the wife. Both these statutes¹⁶ are reported as in force in Pennsylvania. 3 Bin¹⁷. Appx. See Booth on Real Actions, 186; 6 Rep. 8, 9, Forrers' Case. Still, that part of the stat. 13 Ed. I. c. 8, which relates to the pleadings and evidence iu such cases is important if it can be enforced in the modern action of ejectment, viz: that which requires the tenant¹⁸ of the lands to show his right according to the form of the writ he sued out against the hushand. See Report of the Commissioners¹⁹ to revise the Civil Code of Pennsylvania, Jan. 16, 1835, pp. 90, 91.

CUL DE SAC. This is a French phrase, which signifies, literally, the bottom of a bag, and, figuratively, a street not open at both ends. It seems not to be settled whether a cul de sac is to be considered a highway. See 1 Campb. R. 260; 11 East, R. 376, note; 5 Taunt²⁰. R. 137; 5 B. & Ald. 456; Hawk²¹. P. C. b. 1, c. 76, s. 1 Dig. lib. 50, tit. 16, l. 43; Dig. lib. 43, t. 12, l. 13; Dig. lib. 47, tit. 10, 1. 15, 7.

CULPA. A fault committed without fraud, and this distinguishes it from dolus, which is a trick to deceive. See Dolus.

CULPRIT, crim. law. When a prisoner is arraigned²², and he pleads not guilty, in the English practice, the clerk, who arraigns²³ him on behalf of the crown, replies that the prisoner is guilty, and that he is ready to prove the accusation²⁴; this is done by two monosyllables, cul. prit. Vide Abbreviations; 4 Bl. Com. 339; 1 Chit. Cr. Law, 416.

CUM PERTINENTIS. With the appurtenances. See Appurtenances.