Blacks Law Dict. 1st ed

CAUSE-BOOKS

CAVEAT

182

would it be correct to say "the plaintiff pleaded his own action. " CAUSE-BOOKS. Books kept in the cen tral office of the English supreme court, in which are entered all writs of summons issued in the office. Bules of Court, v 8. CAUSE LIST. In English practice. A printed roll of actions, to be tried in the order of their entry, with the names of the solicitors for each litigant. Similar to the calendar of causes, or docket, used in Amer ican courts. CAUSE OP ACTION. Matterfor which an action may be brought. The ground ou which an action maybe sustained. The right to bring a suit. Cause of action is properly the ground on which tin action can be maintained; as when we say that such a person has no cause of action. But the phrase is often used to signify the matter of the complaint or claim on which a given action is in fact grounded, whether or not legally maintain able. Mozley & Whitley. It sometimes means a person having a right of action. Thus, where a legacy is left to a married woman, and she and her husband bring an action to recover it, she is called in the old books the "meritorious cause of action." 1 H. Bl. 108. The term is synonymous with right of action, rigbt of recovery. 26 How. Pr. 501. Cause of action is not synonymous with chose in action; the latter includes debts, etc, not due, and even stocks. 10 How. Pr. 1. CAUSES CELEBRES. Celebrated cases. A work containing reports of the de cisions of interest and importance in French courts in the seventeenth and eighteenth centuries. Secondarily a single trial or decision is often called a "cause cSllbre," when it is re markable on account of the parties involved, or the unusual, interesting, or sensational character of the facts. CAUSIDICUS. In the civil law. A pleader; one who argued a cause ore tenus. CAUTELA. Lat. Care; caution; vig ilance; prevision. CAUTIO. In the civil and French law. Security given for the performance of any thing; bail; a bond or undertaking byway of surety. Also the person who becomes a surety. In Scotch law. A pledge, bond, or other security for the performance of an obligation, or completion of the satisfaction to be ob tained by a judicial process. BelL

CAUTIO FIDEJUSSORIA. Security by means of bonds or pledges entered into by third parties. Du Cange. CAUTIO PIGNORATITIA. Security given by pledge, or deposit, as plate, money, or other goods. CAUTIO PRO EXPENSIS. Security for costs, charges, or expenses. CAUTIO USUFRUCTUARIA. Secu rity, which tenants for life give, to preserve the property rented free from waste and in jury. Ersk. Inst. 2, 9, 59. CAUTION. In Scotch law, and in ad miralty law. Surety; security; bail; an un dertaking by way of surety. 6 Mod. 162. See CAUTIO. CAUTION JURATORY. In Scotch law. Security given by oath. That which a suspender swears is the best he can afford in order to obtain a suspension. Ersk. Fract. 4, 3, 6. CAUTIONARY. In Scotch law. An instrument in which a person binds himself as surety for another. CAUTIONE ADMITTENDA. In En glish ecclesiastical law. A writ that lies against a bishop who holds an excommuni cated person in prison for contempt, not withstanding he offers sufficient caution or security to obey the orders and command ment of the church for the future. Beg. Orig. 66; CowelL CAUTIONER. In Scotch law. A sure ty; a bondsman. One who binds himself in a bond with the principal for greater securi ty. He is still a cautioner whether the bond be to pay a debt, or whether he undertake to produce the person of the party for whom he is bound. Bell. CAUTIONNEMENT. In French law. The same as becoming surety in English law. CAUTIONRY. In Scotch law. Surety ship. CAVEAT. Lat. Let him beware. A formal notice or warning given by a party interested to a court, judge, or ministerial officer against the performance of certain acts within his power and jurisdiction. This process may be used in the proper courts to prevent (temporarily or provisionally) the proving of a will or the grant of administra tion, or to arrest the enrollment of a decree in chancery when the party intends to take

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