KFLCC Kingdom Law 2nd Ed.

179

CAUSIDICUS

GAVEAT VIATOR

often called a "cause ce'lebre," when it is re markable on account of the parties involved or the unusual, interesting, or sensational character of the facts. CAUSIDICUS. In the civil law. A plead er; one who argued a cause ore tenus. CATTTEIiA. Lat Care; caution; vigi lance ; prevision. CAUTIO. In the civil and French law. Security given for the performance of any thing; bail; a bond or undertaking by way of surety. Also the person who becomes a surety. In Scotch law. A pledge, bond, or other security for the performance of an obligation, or completion of the satisfaction to be ob tained by a Judicial process. Bell. —Cantio fldejussoria. Security by means of bonds or pledges entered into by third parties. Du Cange.—Cantio Muciana. Securitygiven by an heir or legatee, in order to obtain imme diate possession of the inheritance or legacy, binding him and his surety for his observance of a condition annexed to the bequest, where the act which is the object of the condition is one which he must avoid committing during his whole life, e. g., that he will never marry, never leave the country, never engage in a particular trade, etc. See Mackeld. Rom. Law, § 705.— Cantio pignoratitia. Security given by pledge, or deposit, as plate, money, or other goods.—Cantio pro expensis. Security for costs, charges, or expenses.—Cantio usufruc tnaria. Security, which tenants for life give, to preserve the property rented free from waste and injury. Ersk. Inst. 2, 9, 59. CAUTION. In Scotch law, and In admi ralty law. Surety; security; bail; an un dertaking by way of surety. 6 Mod. 162. See CAUTIO. —Caution jnratory. In Scotch law. Securi ty given by oath. That which a suspender swears is the best he can afford in order to ob tain a suspension. Ersk. Pract. 4, 3, 6. An instrument in which a person binds himself as surety for another. A writ that lies against a bishop who holds an excommuni cated person in prison for contempt, not withstanding he offers sufficient caution or security to obey the orders and command ment of the church for the future. Reg. Orig. 66; Cowell. CAUTIONER. In Scotch law. A surety; a bondsman. One who binds himself in a bond with the principal for greater security. He is still a cautioner whether the bond be to pay a debt, or whether he undertake to produce the person of the party for whom he is bound. Bell. law. The same as becoming surety in English law. CAUTIONARY. In Scotch law. CAUTIONE ADMITTENDA. In Eng lish ecclesiastical law. CAUTIONNEMENT. In French

CAUTIONRY. In Scotch law.

Surety

ship.

CAVEAT. Lat Let him beware. A for mal notice or warning given by a party in terested to a court, judge, or ministerial offi cer against the performance of certain acts within his power and jurisdiction. This pro cess may be used in the proper courts to pre vent (temporarily or provisionally) the prov ing of a will or the grant of administration, or to arrest the enrollment of a decree in chancery when the party intends to take an appeal, to prevent the grant of letters patent, etc. It is also used, in the American prac tice, as a kind of equitable process, to stay the granting of a patent for lands. Wilson v. TJaston, 92 Pa. 207; Slocum v. Grandin, 38 N. J. Eq. 485; Ex parte Crafts, 28 S. C. 281, 5 S. E. 718; In re Miller's Estate, 166 Pa. 97, 31 Atl. 58. In patent law. A caveat is a formal written notice given to the officers of the pat ent-office, requiring them to refuse letters patent on a particular invention or device to any other person, until the party filing the caveat (called the "caveator") shall have an opportunity to establish his claim to priority of invention. CAVEAT EMPTOR. Let the buyer take care. This maxim summarizes the rule that the purchaser of an article must examine, judge, and test it for himself, being bound to discover any obvious defects or imperfec tions. Miller v. Tiffany, 1 Wall. 309, 17 L. Ed. 540; Barnard v. Kellogg, 10 Wall. 388, 19 L. Ed. 987; Slaughter v. Gerson, 13 Wall. 383, 20 L. Ed. 627; Hargous v. Stone, 5 N. Y. 82; Wissler v. Craig, 80 Va. 32; Wright v. Hart, 18 Wend. (N. Y.) 453. Caveat emptor, qui ignorare non debnit qnod jus aliennm emit. Hob. 99. Let a purchaser beware, who ought not to be ig norant that he is purchasing the rights of an other. CAVEAT VENDITOR. In Roman law. A maxim, or rule, casting the responsibility for defects or deficiencies upon the seller of goods, and expressing the exact opposite of the common law rule of caveat emptor. See Wright v. Hart, 18 Wend. (N. Y.) 449. In English and American jurispru dence. Caveat venditor is sometimes used as expressing, in a rough way, the rule which governs all those cases of sales to which caveat emptor does not apply. CAVEAT VIATOR. Let the traveler be ware. This phrase has been used as a concise expression of the duty of a traveler on the highway to use due care to detect and avoid CAVEAT ACTOR. Let the doer, or ac tor, beware.