Blacks Law Dict. 1st ed

305

CROWN SIDE

CUI BONO

Cruelty includes both willfulness and malicious temper of mind with which an act is done, as well as a high degree of pain inflicted. Acts merely ac cidental, though they inflict great pain, are not "cruel," in the sense of the word as used in stat utes against cruelty. 101 Mass. 34. CRUISE. A voyage undertaken for a given purpose; a voyage for the purpose of making captures jure belli. 2 Gall. 538. A voyage or expedition in quest of vessels or fleets of the enemy which may be expected to sail in any particular track at a certain season of the year. The region in which these cruises are per formed is usually termed the u rendezvous," or "cruising latitude." Bouvier. Imports a definite place, as well as time of com mencement and termination, unless such construo tion is repelled by the context. When not other wise specially agreed, a cruise begins and ends in the country to which a ship belongs, and from which she derives her commission. 2 Gall. 526. CRY. To call out aloud; to proclaim; topublish; to sell at auction. "Tocryatract of land." 1 Wash. (Va.) 335, (260.) CRY DE PAIS, or CRI DE PAIS. The hue and cry raised by the people in ancient times, where a felony had been committed and the constable was absent. CRYER. An auctioneer. lWash.(Va.) 337,(262.) One who calls out aloud; one who publishes or proclaims. See CRIER. CRYPTA. A chapel or oratory under ground, or under a church or cathedral. Du Cange. CUCKING-STOOL. An engine of cor rection for common scolds, which in the Sax on language is said to signify the scolding stool, though now it is frequently corrupted into ducking-stool, because the judgment was that, when the woman was placed therein, she should be plunged in the water for her punish ment. It was also variously called a "tre bucket," "tumbrel," or "castigatory." 3 Inst. 219; 4 Bl. Comm. 169; Brown. CUEILLETTE. A term of French mar itime law. See A CUEILLETTE. CUI ANTE DIVORTIUM. (To whom before divorce.) A writ for a woman di vorced from her husband to recover her lands and tenements which she bad in fee-simple or in tail, or for life, from mm to whom her husband alienated them during the marriage, when she could not gainsay it. Reg. Orig. 233. CUI BONO. For whose good; for whose use or benefit. "Cui bono is ever of great weight in all agreements." Parker, C. J.,

CROWN SIDE. The criminal depart ment of the court of queen's bench; the civil department or branch being called the "plea Bide." 4 BI. Comm. 265. CROWN SOLICITOR. In England, the solicitor to the treasury acts, in state prosecutions, as solicitor for the crown in preparing the prosecution. In Ireland there are officers called "crown solicitors" attached to each circuit, whose duty it is to get up every case for the crown in criminal prosecu tions. They are paid by salaries. There is no such system in England, where prosecu tions are conducted by solicitors appointed by the parish, or other persons bound over to prosecute by the magistrates on each com mittal; but in Scotland the still better plan exists of a crown prosecutor (called the "proc urator-fiscal," and being a subordinate of the lord-advocate) in every county, who pre pares every criminal prosecution. Wharton. CROWNER. In old Scotch law. Cor oner; a coroner. CROY. In old English law. Marsh land. Blount. CRUCE SIGNATI. In old English law. Signed or marked with a cross. Pilgrims to the holy land, or crusaders; so called because they wore the sign of the cross upon their garments. Spelman. CRUELTY. The intentional and ma licious infliction of physical suffering upon living creatures, particularly human beings; or, as applied to the latter, the wanton, mali cious, and unnecessary infliction of pain upon the body, or the feelings and emotions; abu sive treatment; inhumanity; outrage. Extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other by one party to the marriage. Civil Code Cal. § 94. As between husband and wife. Those acts which affect the life, the health, or even the com fort, of the party aggrieved, and give a reasonable apprehension of bodily hurt, are called "cruelty. " What merely wounds the feelings is seldom ad mitted to be cruelty, unless the act be accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rude ness of language, a want of civil attention and ac commodation, even occasional sallies of passion, will not amount to legal cruelty; a fortiori, the de nial of little indulgences and particular accommo dations, which the delicacy of the world is apt to number among its necessaries, is not cruelty. The negative descriptions of cruelty are perhaps the best, under the infinite variety of cases that may occur, by showing what is not cruelty. 1 Hagg. Const. 35; 4 Eng. Ecc. 238, 311, 312. AM. DICT. LAW—20

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