KFLCC Kingdom Law 2nd Ed.

201

OIRCUITUS EST EVITANDUS

CISTA

Circuitus est evitandus; et boni judi cis est lites dirimere, ne lis ex lite oria tur. 5 Coke, 31. Circuity is to be avoided; and it is the duty of a good judge to deter mine litigations, lest one lawsuit arise out of another. This occurs where a litigant, by a complex, indirect, or roundabout course of legal proceeding, makes two or more actions necessary, in order to' effect that adjustment of rights between all the parties concerned in the transaction which, by a more direct course, might have been accomplished in a single suit Similar instru ments to "letters of credit." They are drawn by resident bankers upon their foreign cor respondents, in favor of persons traveling abroad. The correspondents must be satis fied of the identity of the applicant, before payment; and the requisite proof of such identity is usually furnished, upon the ap plicant's producing a letter with his signa ture, by a comparison of the signatures. Brown. As used -in statutes providing for taxes on the circulation of banks, this term includes all currency or cir culating notes or bills, or certificates or bills intended to circulate as money. U. S. v. White (C. C.) 19 Fed. 723; U S. v. Wilson, 106 U. S. 620, 2 Sup. Ct. 85, 27 L. Ed. 310. —Circulating medium. This term is more comprehensive than the term "money," as it is the medium of exchanges, or purchases and sales, whether it be gold or silver coin or any other article. In Scotch law. A closing of the period for lodging papers, or doing any other act required in a cause. Paters. Comp. —Circumduction of the term. In Scotch practice. The sentence of a judge, declaring the time elapsed within which a proof ought to have been led, and precluding the party from bringing forward any further evidence. Bell. The title of a statute passed 13 Edw. I. A. D. 1285, and so called from the initial words of it, the object of which was to ascertain the boundaries of ecclesiastical jurisdiction in some particulars, or, in other words, to reg ulate the jurisdiction of the ecclesiastical and temporal courts. 2 Reeve, Eng. Law, 215, 216. A principal tact or event being the object of investigation, the circumstances are the related or acces sory facts or occurrences which attend upon it, which closely precede or follow it, which surround and accompany it, which depend upon it, or which support or qualify it Pfaffenback y. Railroad, 142 Ind. 246, 41 N. CIRCUITY OF ACTION. CIRCULAR NOTES. CIRCULATION. CIRCUMDUCTION. CIRCUMSPECTE AGATIS. CIRCUMSTANCES.

E. 530; Clare v. People, 9 Colo. 122, 10 Pac. 799. The terms "circumstance*' and "fact" are, in many applications, synonymous; but the true distinction of a circumstance is its relative character. "Any fact may be a circumstance with reference to any other fact." 1 Benth. Jud. Evid. 42, note; Id. 142. Thrift, integrity, good repute, business ca pacity, and stability of character, for example, are "circumstances which may be very proper ly considered in determining the question of "adequate security." Martin v. Duke, 5 Redf. Sur. (N. Y.) 600. Evi dence directed to the attending circumstan ces ; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, whose existence is a premise from which the existence of the principal fact may be con cluded by necessary laws of reasoning. State v. Avery, 113 Mo. 475, 21 S. W. 193; Howard v. State, 34 Ark. 433; State Y. Evans, 1 Marvel (Del.) 477, 41 Atl. 136; Comm. v. Webster, 5 Cush. (Mass) 319, 52 Am. Dec* 711; Gardner v. Preston, 2 Day (Conn.) 205, 2 Am. Dec. 91; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137. When the existence of any fact is attested by witnesses, as having come under the cognizance of their senses, or is stated in documents, the genuineness and veracity of which there seems no reason to question, the evidence of that fact is said to be direct or positive. When, on the contrary, the existence of the principal fact is only inferred from one or more circumstances which have been established directly, the evi dence is said to be circumstantial. And when the existence of the principal fact does not fol low from the evidentiary facts as a necessary consequence of the law of nature, but is deduced from them by a process of probable reasoning, the evidence and proof are said to be presump tive. Best, Pres. 246; Id. 12. All presumptive evidence is circumstantial, be cause necessarily derived from or made up of circumstances, but all circumstantial evidence is not presumptive, that is, it does not operate in the way of presumption, being sometimes of a higher grade, and leading to necessary con clusions, instead of probable ones. Burrill. CIRCUMSTANTIAL EVIDENCE.

dRCUMSTANTIBUS,

TALES

DE.

See TALES.

CIRCUMVENTION. In Scotch law. Any act of fraud whereby a person is reduc ed to a deed by decreet. It has the same sense in the civil law. Dig. 50, 17, 49, 155. And see Oregon v. Jennings, 119 IT. S. 74, 7 Sup. Ct. 124, 30 L. Ed. 323.

CIRIC.

In Anglo-Saxon and old English

law 9. church. — Ciric-bryce.

Any violation of the privileges of a church.— Ciric sceat. Church-scot, or shot; an ecclesiastical due, payable on the day of St. Martin, consisting chiefly of corn.

CIRLISCUS. A ceorl, (g. v.)

CISTA.

A box or chest for the deposit

of charters, deeds, and things of value.