KFLCC Kingdom Law 2nd Ed.

164

CAMPUS

CANDLEMAS-DA'S

CAMPUS. In old European law. An assembly of the people; so called from be ing anciently held in the open air, in some plain capable of containing a large number of persons. In feudal and old English law. A field, or plain. The field, ground, or lists marked out for the combatants in the dueUum, or The fieH of May. An an niversary assembly of the Saxons, held on May-day, when they confederated for the de fense of the kingdom against all its enemies. —Campus Martii. The field of March. See CHAMP DK MABS. A Spanish measure of length varying (in different localities) from about five to seven feet. An artificial ditch or trench in the earth, for confining water to a defined channel, to be used for purposes of trans portation. The meaning of this word, when applied to artificial passages for water, is a trench or excavation in the earth, for conducting wa ter and confining it to narrow limits. It is unlike the words "river," "pond," "lake," and other words used to designate natural bodies of water, the ordinary meaning of which is con fined to the water itself; but it includes also the banks, and has reference rather to the ex cavation or channel as a receptacle for the water; it is an artificial thing. Navigation Co. v. Berks County, 11 Pa. 202; Bishop v. Seeley, 18 .Conn. 393; Kennedy v. Indianapolis, 103 U. S. 604, 26 L. Ed. 550. To obliterate, strike, or cross out; to destroy the effect of an instrument by defacing, obliterating, expunging, or eras ing it. In equity. Courts of equity frequently cancel instruments which have answered the end for which they were created, or instru ments which are void or voidable, in order to prevent them from being vexatiously used against the person apparently bound by them. Snell, Eq. 498. The original and proper meaning of the word "cancellation" is the defacement of a writing by drawing lines across it in the form of crossbars or lattice work; but the same legal result may be accomplished by drawing lines through any essential part, erasing the sig nature, writing the word "canceled" on the face of the instrument, tearing off seals, or any similar act which puts the instrument in a condition where its invalidity appears on its face. In re Akers' Will, 74 App. Div. 461, 77 N. Y. Supp. 643; Baldwin v. Howell, 45 N. J. Eq, 519, 15 Atl. 236; In re Alger's Will, 38 Misc. Rep. 143, 77 N. Y. Supp. 166; Evans' Appeal. 58 Pa. 244; Glass v. Scott, 14 Colo. App. 377, 60 Pac. 186; In re Olmsted's Es tate, 122 Cal. 224, 54 Pac. 745; Doe v. Perkes, 3 Barn. & A. 492. A revenue stamp is can celed by writing on its face the initials of the person using or affixing it. Spear v. Alexan der. 42 Ala. 575. There is also a secondary or derivative mean ing of the word, in which it signifies annulment or abrogation by the act or agreement of par ties concerned, though without physical de facement. Golden v. Fowler, 26 Ga. 464; Win ton v. Spring, 18 Cal. 455. And "cancel" may trial by battle. •—Campus Mail. CANA. CANAL. CANCEL.

sometimes be taken as equivalent to "discharge" or "pay," as in an agreement by one person to cancel the indebtedness of another to a third person. Auburn City Bank r. Leonard, 40 Barb. (N. Y.) 119. Synonyms. Cancellation is properly dis tinguished from obliteration in this, that the former is a crossing out, while the latter is a blotting out; the former leaves the words still legible, while the latter renders them illegible. Townshend v. Howard, 86 Me. 285, 29 Atl. 1077. "Spoliation" is the erasure or altera tion of a writing by a stranger, and may amount to a cancellation if of such a nature as to in validate it on its face; but defacement of an instrument is not properly called "spoliation" if performed by one having control of the in strument as its maker or one duly authorized to destroy it. "Revocation" is an act of the mind, of which cancellation may be a physical manifestation; but cancellation does not re voke unless done with that intention. Dan v. Brown. 4 Cow. (N. Y.) 490, 15 Am. Dec 395; In re Woods' Will (Sur.) 11 N. Y. Supp. 157. CANCELLAMA. Chancery; the court of chancery. Curia cancellaria is also used in the same sense. See 4 Bl. Comm. 46; Cowell. Cancellaril Anglise dignitas est, ut se cundus a rege in regno habetur. The dignity of the chancellor of England is that he is deemed the second from the sovereign in the kingdom. 4 Inst. 78. a scrivener, or notary. A janitor, or one who stood at the door of the court and was ac customed to carry out the commands of the judges. CANCELLARIUS. A chancellor; CANCELLI. The rails or lattice work or balusters inclosing the bar of a court of jus tice or the communion table. Also the lines drawn on the face of a will or other writ ing, with the intention of revoking or an nulling it. See CANCEL. A person who offers him self, or is presented by others, to be elected to an office. Derived from the Latin Candi das, (white,) because in Rome it was the custom for those who sought office to clothe themselves in white garments. One who seeks or aspires to some office or privilege, or who offers himself for the same. A man is a candidate for an office when he is seeking such office. It is not necessary that he should have been nominated for the of fice. Leonard v. Com., 112 Pa. 624, 4 Atl. 224. See State v. Hirsch, 125 Ind. 207, 24 N. E. 1062, 9LE.A. 170. CANDLEMAS-DAY. In English law. A festival appointed by the church to be ob served on the second day of February In every year, in honor of the purification of the Virgin Mary, being forty days after her miraculous delivery. At this festival, form- CANDIDATE. CANCELLATTJRA. In old English law. A cancelling. Bract. 398&.