KFLCC Kingdom Law 2nd Ed.

176

CATHOLIC EMANCIPATION ACT

CASUS

CATALS. Goods and chattels. See CA TALLA. CATANEUS. A tenant in oapite. A tenant holding immediately of the crown, Spelman. CATASCOPUS. An old name for an archdeacon. CATCHING BARGAIN. See BABGAIN. CATCHINGS. Things caught, and in the possession, custody, power, and dominion of the party, with a present capacity to use them for his own purposes. The term includes blubber, or pieces of whale flesh cut from the whale, and stowed on or under the deck of a ship. A policy of insurance upon out fits, and catchings substituted for the outfits, in a whaling voyage, protects the blubber. Rogers v. Insurance Co., 1 Story, 603; Fed. Cas. No. 12,016; 4 Law Rep. 297. CATCHLAND. Land in Norfolk, so call ed because it is not known to what parish it belongs, and the minister who first seizes the tithes of it, by right of preoccupation, en joys them for that year. Cowell. CATCHPOLL. A name formerly given to a sheriff's deputy, or to a constable, or other officer whose duty it Is to arrest per sons. He was a sort of serjeant The word is not now in use as an official designation. Minshew. CATER COUSIN. (From Fr. Quatre cousin.) A cousin In the fourth degree; hence any distant or remote relative. CATHEDRAL. In English ecclesiastical law. The church of the bishop of the dio cese, in which is his cathedra, or throne, and his special jurisdiction; in that respect the principal church of the diocese. — Cathedral preferments. In English ec clesiastical law. All deaneries, archdeaconries, and canonries, and generally all dignities and offices in any cathedral or collegiate church, be low the rank of a bishop. CATHEDRATIC. In English ecclesias tical law. A sum of 2s. paid to the bishop by the inferior clergy; but from its being usually paid at the bishop's synod, or visita tion, it is commonly named synodals. Whar ton. CATHOLIC CREDITOR. In Scotch law. A creditor whose debt is secured on all or several distinct parts of the debtor's prop erty. Bell. CATHOLIC EMANCIPATION ACT. The statute of 10 Geo. IV. c. 7, by which Ro man Catholics were restored, In general, to the full enjoyment of all civil rights, except that of holding ecclesiastical offices, and cer tain high appointments in the state. 8 Steph. Comm. 109.

wreck, etc. Dig. 44, 7, 1, 4.—Casus omissus. A case omitted; an event or contingency for which no provision is made; particularly a case not provided for by the statute on the general subject, and which is therefore left to be gov erned by the common law. Casus fortuitus non est sperandus, et nemo tenetur devinare. A fortuitous event Is not to be expected, and no one is bound to foresee it 4 Coke, 66. Casus fortuitus non est supponendus. A fortuitous event is not to be presumed. Hardr. 82, arg. Casus omissus et oblivion! datus dis position! juris communis relinqui,tur. A case omitted and given to oblivion (forgot ten) Is left to the disposal of the common law. 5 Coke, 38. A particular case, left un provided for by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max. 46. Casus omissus pro omisso habendus est. A case omitted is to be held as (inten tionally) omitted. Tray. Lat Max. 67. CAT. An instrument with which crimi nals are flogged. It consists of nine lashes of whip-cord, tied on to a wooden handle. CATALLA. In old English Law. Chat tels. The word among the Normans prima rily signified only beasts of husbandry, or, as they are still called, "cattle," but, in a secondary sense, the term was applied to all movables in general, and not only to these, but to whatever was not a fief or feud. Wharton. — Catalla otiosa. Dead goods or chattels, as distinguished from animals. Idle cattle, that is, such as were not used for working, as distin guished from beasts of the plow; called also antmalia otiosa. Bract, fols. 217, 2176; 3 Bl. Comm. 9. Catalla juste possessa amitti non pos sunt. Chattels justly possessed cannot be lost. Jenk. Cent. 28. Catalla reputantuv inter minima in lege. Chattels are considered in law among the least things. Jenk. Cent. 52. CATALLIS CAPTIS NOMINE DIS TRICTIONIS. An obsolete writ that lay where a house was within a borough, for rent issuing out of the same, and which war ranted the taking of doors, windows, etc., by way of distress. CATALLIS REDDENDIS. For the re turn of the chattels; an obsolete writ that lay where goods delivered to a man to keep till a certain day were not upon demand re delivered at the day. Reg. Orig. 39. CATALLUM. A chattel. Most frequent ly used in the plural form, catalla, (q. v.)