Blacks Law Dict. 1st ed

CULAGIUM

CUM DE LUCRO, ETC.

307

It is not, however, a techical term of the law; and in its vernacular usage it seems to imply only a light degree of censure or moral reprobation. Blackstone believes it an abbreviation of the old forms of arraignment, whereby, on the prisoner's pleading not guilty, the clerk would respond, u cuh pabiUs, prit, *i e., he is guilty and the crown is ready. It was (he says) the viva voce replication, by the clerk, on behalf of the crown, to the pris oner's plea of non culpabilis; prit being a technic al word, anciently in use in the formula of join ing issue. 4 61 Comm. 839. But a more plausible explanation ia that given by Donaldson, (cited Whart. Lex.,) as follows: The clerk asks the prisoner, "Are you guilty, or not guilty!" Prisoner, "Not guilty." Clerk, "Qu'il paroit, [may it prove so.] How will you be tried?" Prisoner, " By God and my country." These words being hurried over, came to sound, "Culprit, how will you be tried?" The ordinary derivation is from culpa. CULRACH. In old Scotch law. A species of pledge or cautioner, (Scottice", back borgh, ) used in cases of the replevin of persons from one man's court to another's. Skene. CULTIVATED. A field on which a crop of wheat is growing is a cultivated field, al though not a stroke of labor may have been done in it since the seed was put in the ground, and it is a cultivated field after the crop is removed. It is, strictly, a cultivated piece of ground. 13 Ired. 36. CULTUBA. A parcel of arable land. Blount. CULVERTAGE. In old English law. A base kind of slavery. The confiscation or for feiture which takes place when a lord seizes his tenant's estate. Blount; Du Cange. Cum actio fuerit mere criminalis, in stitui poterit ab initio criminaliter vel civiliter. When an action is merely crimi nal, it can be instituted from the beginning either criminally or civilly. Bract. 102. Cum adsunt testimonia rerum, quid opus est verbis ? When the proofs of facts are present, what need is there of words? 2 Bulst. 53. Cum aliquis renunciaverit societati, solvitur societas. When any partner re nounces the partnership, the partnership is dissolved. Tray. Lat. Max. 118. Cum confltente sponte mitius est agendum. 4 Inst. 66. One confessing will ingly should be dealt with more leniently. Cum de lucro duorum quseritur, me lior est causa possidentis. When the question is as to the gain of two persons* tbe

CUJiAGHUM. In old records. The lay ing up a ship in a dock, in order to be re paired. Cowell; Blount. CTTLPA. A term of the civil law, mean ing fault, neglect, or negligence. There are three degrees of culpa, — lata culpa, gros3 fault or neglect; levis culpa, ordinary fault or neglect; levissima culpa, slight fault or neglect,—and the definitions of these degrees are precisely the same as those in our law. Story, Bailm. § 18. This term is to be dis tinguished fioin dolus, which means fraud, guile, or deceit. Culpa caret qui scit sed prohibere non potest. He is clear of blame who knows, out cannot prevent. Dig. 50, 17, 50. Culpa est immiscere se rei ad se non pertinent!. 2 Inst. 208. It is a fault for any one to meddle in a matter not pertaining to him. Culpa lata dolo sequiparatur. Gross negligence is held equivalent to intentional wrong. Culpa tenet [teneat] suos auctores. Misconduct binds [should bind] its own au thors. It is a never-failing axiom that every one is accountable only for his own delicts. Ersk. Inst. 4, 1,14. CULPABILIS. Lat. In old English law. Guilty. Culpabilis de inti usione, —guilty of intrusion. Eleta, lib. 4, c. 30, § 11. CULPABLE. Means not only criminal, but censurable; and, when the term is ap plied to the omission by a person to preserve the means of enforcing his own rights, cen surable is more nearly an equivalent. As he has merely lost a right of action which ne might voluntarily lelinquish, and has wronged nobody but himself, culpable neg lect conveys the idea of neglect which exists where the loss can fairly be ascribed to the party's own carelessness, improvidence, or folly. 8 Allen, 121. CULPABLE HOMICIDE. Described as a crime varying from the very lowest cul pability, up to the very verge of murder. Lord Moncrieff, Arkley, 72. Culpse pcena par esto. Pcena ad men suram delicti statuenda est. Let the pun ishment be proportioned to the crime. Pun ishment is to be measured by the extent of the offense. CULPRIT. A person who is indicted for a criminal offense, but not yet convicted.

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