KFLCC Kingdom Law 2nd Ed.

175

CASTELLORUM OPERATIO

CASUS

CASTELLORUM OPERATIO. In Sax on and old English law. Castle work. Serv ice and labor done by inferior tenants for the building and upholding castles and pub lic places of defense. One of the three nec essary charges, (trinoda necessitas,) to which all lands among the Saxons were expressly subject. Oowell. An engine used to punish women who have been convicted of being common scolds. It is sometimes called the "trebucket," "tumbrel," "ducking-stool," or "cucking-stool." U. S. v. Royall, 27 Fed. Cas. 907. Offering; alleging by way of excuse. Casting an essoin was alleging an excuse for not appearing in court to answer an action. Holthouse. Where the votes of a deliberative assembly or legislative body are equally divided on any question or motion, it is the privilege of the presiding offi cer to cast one vote (if otherwise he would not be entitled to any vote) on either side, or to cast one additional vote, if he has al ready voted as a member of the body. This is called the "casting vote." By the common law, a casting vote sometimes signifies the single vote of a person who never votes; but, in the case of an equality, some times the double vote of a person who first votes with the rest, and then, upon an equality, cre ates a majority by giving a second vote. People v. Church of Atonement, 48 Barb. (N. Y.) 606; Brown v. Foster, 88 Me. 49, S3 Atl. 662, 31 L. R, A. 116; Wooster v. Mullins, 64 Conn. 340, 30 Atl. 144, 25 L. R. A. 694. An imposition anciently laid upon such persons as lived within a certain distance of any castle, towards the maintenance of such as watched and warded the castle. — Castleguard rents. In old English law. Rents paid by those that dwelt within the pre cincts of a castle, towards the maintenance of such as watched and warded it. CASTTGATORY. CASTING. CASTING VOTE. CASTLEGUARD. In feudal law.

his prejudice, and in the tenant's life-time. Termes de la Ley. CASU PROVISO. A writ of entry framed under the provisions of the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversioner when a ten ant in dower aliened in fee or for life. CASUAL. That which happens accident ally, or is brought about by causes un known; fortuitous; the result of chance. Lewis v. Lofley, 92 Ga. 804, 19 S. E. 57. — Casual ejector. In practice. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that ac tion, he is supposed to come casually or by ac cident upon the premises, and to turn out or eject the lawful possessor. 3 Bl. Comm. 203; 3 Steph. Comm 670; French v. Robb, 67 N. J. Law. 260, 51 Atl. 509, 57 L. R. A. 956, 91 Am. St Rep. 433.—Casual evidence. A phrase used to denote (in contradistinction to "preap pointed evidence") all such evidence as happens to be adducible of a fact or event, but which was not prescribed by statute or otherwise ar ranged beforehand to be the evidence of the fact or event. Brown.— Casual pauper. A poor person who, in England, applies for relief in a parish other 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 set tled in a parish. Such poor persons as are suddenly taken sick, or meet with some acci dent, when away from home, and who are thus providentially thrown upon the charities of those among whom they happen to be. Force v. Haines, 17 N. J. Law, 405. 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; Gill v. Fugate, 117 Ky. 257, 78 S. W. 191; McCarty v. Railroad Co., 30 Pa. 251; Railroad Co. v. Car Co., 139 U. S. 79, 11 Sup. Ct. 490, 35 L. Ed. 97; Ennis v. Bldg. Ass'n, 102 Iowa, 520, 71 N. W. 426; Anthony v. Karbach, 64 Neb. 509, 90 N. W. 243, 97 Am. St. Rep. 662. — Casualties of superiority. In Scotch law. Payments from an inferior to a superior, that is, from a tenant to his lord, which arise upon uncertain events, as opposed to the pay ment of rent at fixed and stated times. Bell. —Casualties of wards. In Scotch law. The mails and duties due to the superior in ward holdings. CASUALTY. event; a case; a case contemplated. —Casus belli. or justifying war.— Casus foederis. In inter national law. The case of the treaty. The par ticular 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 in dividual contract or stipulated for by it, or com ing within its terms.— Casus fortuitus. An inevitable 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. The Majestic, 166 U. S. 375, 17 Sup. Ct. 597, 41 L. Ed. 1039. —Casus major. In the civil law. A casual ty ; an extraordinary casualty, as fire, ship- An occurrence giving rise to CASUS. Lat. Chance; accident; an

CASTRENSIS.

In the Roman law. Re

lating to the camp or military service. Castrense peculium, a portion of property which a son acquired in war, or from his connection with the camp. Dig. 49, 17.

CASTRUM.

In Roman law.

Lat

A

camp. In old English law. A castle. Bract, fol. 69&. A castle, including a manor. 4 Coke, 88. 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 CASU CONSIMILI.