Blacks Law Dict. 1st ed

177

CASHIER

CASTRATION

directors may limit his authority as they deem proper, bat this would not affect those to whom the limitation was u nknown. 10 Wall. 650. CASHIER, v. In military law. To de prive a military officer of his rank and office. CASHLITE. An amercement or fine; a mulct. CASSAEE. To quash; to render void; to break. CASSATION. In French law. Annul ling; reversal; breaking the force and va lidity of a judgment. A decision emanating from the sovereign authority, by which a de cree or judgment in the court of last resort is broken or annulled. Meil. Bepert. CASSATION, COURT OF. (Fr. cour de cassation.) The highest court in France; so termed from possessing the power to quash (easser) the decrees of inferior courts. It is a court of appeal in criminal as well as civil cases. CASSETUR BILLA. (Lat. That the bill be quashed.) In practice. The form of the judgment for the defendant on a plea in abate ment, where the action was commenced by bill, (billa.) 3 Bl. Comm. 303; Steph. PI. 128, 131. The form of an entry made by a plaintiff on the record, after a plea in abate ment, where he found that the plea could not be confessed and avoided, nor traversed, nor demurred to; amounting in fact to a discon tinuance of the action. 2 Arehb. Fr. K. B. 3, 236; 1 Tidd, Pr. 683. CASSETUR BREVE. (Lat. That the writ be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by original writ, (breve.) 3 Bl. Comm. 303; Steph. PL 107, 109. CASSOCK, or CASSULA. A garment worn by a priest. CAST, v. In old English practice. To allege, offer, or present; to proffer by way of excuse, (as to "cast an essoin.") This word is now used as a popular, rath er than a technical, term, in the sense of to overcome, overthrow, or defeat in a civil ac tion at law. CAST, p. p. Overthrown, worsted, or de feated in an action. CASTEL, or CASTLE. A fortress in a town; the principal mansion of a nobleman, t lust. 31. AM.DICT.LAW—12

CASTELLAIN. In old English law. The lord, owner, or captain of a castle; the constable of a fortified house; a person hav ing the custody of one of the crown man sions; an officer of the forest. CASTELLANUS. A castellain; the keeper or constable of a castle. Spelman. CASTELLARIUM, CASTELLATUS. In old English law. The precinct or juris diction of a castle. Blount. In Saxon and old English law. Castle work. Service and labor done by inferior tenants for the building and upholding castles and pub lic places of defense. One of the three nec essary charges, (trinoda necessitas,) to which all lands among the Saxons were expressly subject. Cowell. CASTIGATORY. An engine used to punish women who have been convicted of being common scolds. It is sometimes called the "trebucket," "tumbrel," "ducking stool," or "cucking-stool." CASTING. Offering; alleging by way of excuse. Casting an essoin was alleging an excuse for not appearing in couit to an swer an action. Holthouse. CASTING VOTE. Where the votes of a deliberative assembly or legislative body are equally divided on any question or mo tion, it is the privilege of the presiding offi cer to cast one vote (if otherwise he would not be entitled to any vote) on either side, or to cast one additional vote, if he has already voted as a member of the body. This is called the "casting vote." By the common law, a casting vote sometimes signifies the single vote of a person who never votes; but, in the case of an equality, sometimes the double vote of a person who first votes with the rest, and then, upon an equality, creates a ma jority by giving a second vote. 48 Barb. 606. CASTLEGUARD. In feudal law. An imposition anciently laid upon such persons as lived within a certain distance of any cas tle, towards the maintenance of such as watched and warded the castle. CASTLEGUARD RENTS. In old En glish law. Rents paid by those that dwelt within the precincts of a castle, towards the maintenance of such as watched and warded it. CASTRATION. The act of depriving a man of the testicles. CASTELLORUM OPERATIO.

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