Blacks Law Dict. 1st ed

178

GASU8

CASTRENSIS

to a superior, that is, from a tenant to hia lord, which arise upon uncertain events, at opposed to the payment of rent at fixed and stated times. Bell. CASUALTIES OP WARDS. In Scotch law. The mails and duties due to the supe rior in ward-holdings. CASUALTY. Inevitable accident; an event not to be foreseen or guarded against. A loss from such an event or cause; as by fire, shipwreck, lightning, etc. Story, Bailm. §240. CASUS. Lat. Chance; accident; an event; a case; a case contemplated. CASUS BELLI. An occurrence giving rise to or justifying war. CASUS FCEDERIS. In international law. The case of the treaty. The particu lar event or situation contemplated by the treaty, or stipulated for, or which comes within its terms. In commercial law. The case or event contemplated by the parties to an individual contract, or stipulated for by it, or coming within its terms. CASUS FORTUITUS. Lat. An inev itable accident, a chance occurrence, or for tuitous event. A loss happening in spite of all human effort and sagacity. 3 Kent, Comm. 217. 300; Whart. Neg. §§ 113, 553. Casus fortuitus non est sperandus, et nemo tenetur devinare. A fortuitous event is not to be expected, and no one is bound to foresee it. 4 Coke, 66. Casus fortuitus non est supponendus. A fortuitous event is not to be presumed. Hardr. 82, arg. CASUS MAJOR. In the civil law. A casualty; an extraordinary casualty, as fire, shipwreck, etc. Dig. 44, 7, 1, 4. CASUS OMISSUS. A case omitted; an event or contingency for which no provis ion is made; particularly a case not pro vided for by the statute on the general sub ject, and which is therefore left to be gov erned by the common law. Casus omissus et oblivioni datus dis positioni juris communis relinquitur. A case omitted and given to oblivion (for gotten) is lett to the disposal of the common law. 5 Coke, 38. A particular case, left unprovided for by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max. 46.

CASTRENSIS. In the Roman law. Re lating to the camp or military service. Castrense peoulium, a portion of property which a son acquired in war, or from bis connection with the camp. Dig. 49, 17. CASTRUM. Lat. In Roman law. A camp. In old English law. A castle. Bract, fol. 696. A castle, including a manor. 4 Coke, 88. CASU CONSIMILI. In old English law. A writ of entry, granted where tenant by the curtesy, or tenant for life, alienated in fee, or in tail, or for another's life, which was brought by him in reversion against the party to whom such tenant so alienated to his prejudice, and in the tenant's life-time. Termes de la Ley. CASU PROVISO. A writ of entry framed under the provisions ol the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or for life. CASUAL. That which happens accident ally, or is brought about by causes unknown; fortuitous; the result of chance. CASUAL EJECTOR. In practice. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, he is supposed to come casu ally or by accident upon the premises, and to turn out or eject the lawful possessor. 3 Bl. Comm. 203; 3 Steph. Comm. 670. CASUAL EVIDENCE. A phrase used to denote (in contradistinction to "preap pointed evidence") all such evidence as hap pens to be adducible of a fact or event, but which was not prescribed by statute or oth erwise arranged beforehand to be the evi dence of the fact or event. Brown. CASUAL PAUPER. A poor person who, in England, applies for relief in a parish oth er than that of his settlement. The ward in the work-house to which they are admitted is called the "casual ward." CASUAL POOR. In English law. Those who are not settled in a parish. Such poor persons as are suddenly taken sick, or meet with some accident, when away from home, and who are thus providentially thrown upon the charities of those among whom they happen to be. 17 K. J. .Law, 405. CASUALTIES OF SUPERIORITY. In Scotch law. Payments from an inferior

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