KFLCC Kingdom Law 2nd Ed.

204

CIVIL LAW

CLAIM

son of his intoxication. Moran v. Goodwin, 130 Mass. 158, 39 Am. Rep. 443; Baker v. Pope, 2 Hun (N. Y.) 596; Headington v. Smith, 113 Iowa, 107, 84 N. W. 983. CIVIIi LAW. The "Roman Law" and the "Civil Law" are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated the "Roman Civil Law." The word "civil," as applied to the laws in force in Louisiana, before the adoption of the Civil Code, is not used in contradistinction to the word "criminal,'' but must be restricted to the Roman law. It is used in contradistinction to the laws of England and those of the respec tive states. Jennison v. Warmack, 5 La. 493. 1. The system of jurisprudence held and administered in the Roman empire, partic ularly as set forth in the compilation of Just inian and his successors,—comprising the In stitutes, Code, Digest, and Novels, and col lectively denominated the "Corpus Juris Civ His," —as distinguished from the common law of England and the canon law. 2. That rule of action which every par ticular nation, commonwealth, or city has es tablished peculiarly for itself; more properly called "municipal" law, to distinguish it from the "law of nature," and from interna tional law. The law which a people enacts is called the "civil law" of that people, but that law which natural reason appoints for all mankind Is called the "law of nations," because all na tions use it Bowyer, Mod. Civil Law, 19. 3. That division of municipal law which is occupied with the exposition and enforce ment of civil rights, as distinguished from criminal law. CIVIIi LIST. In English public law. An annual sum granted by parliament, at the commencement of each reign, for the expense of the royal household and establishment, as distinguished from the general exigencies of the state, being a provision made for the crown out of the taxes in lieu of its proper patrimony, and in consideration of the as signment of that patrimony to the public use. 2 Steph. Comm. 591; 1 Bl. Comm. 332. CIVIL SERVICE. This term properly Includes all functions under the government, except military functions. In general it is confined to functions in the great adminis trative departments of state. See Hope v. New Orleans, 106 La. 345, 30 South. 842; People v. Cram, 29 Misc. Rep. 359, 61 N. Y. Supp. 858. CIVILIAN. One who is skilled or versed In the civil law. A doctor, professor, or stu dent of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy or (in England) the church.

CIVUIS. Lat Civil, as distinguished from criminal. Civilis actio, a civil action. Bract fol. 1016. CIVILISTA. In old English law. A civil lawyer, or civilian. Dyer, 267. CIVILITER. Civilly. In a person's civil character or position, or by civil (not crimi nal) process or procedure. This term is used in distinction or opposition to the word "criminaliter," —criminally,— to distinguish civil actions from criminal prosecutions. —Civiliter mortuus. Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and capacities, and is accounted dead is law. CIVILIZATION. In practice. A law; an act of Justice, or judgment which renders a criminal process civil; performed by turn ing an information into an inquest, or the contrary. Wharton. In public law. This Is a term which cov ers several states of society; it is relative, and has not a fixed sense, but it implies an improved and progressive condition of the people, living under an organized govern ment, with systematized labor, individual ownership of the soil, individual accumula tions of property, humane and somewhat cultivated manners and customs, the institu tion of the family, with well-defined and re spected domestic and social relations, insti tutions of learning, intellectual activity, etc. Roche v. Washington, 19 Ind. 56, 81 Am. Dec 376. CIVIS. Lat In the Roman law. A citi zen; as distinguished from incola, (an in habitant;) origin or birth constituting the former, domicile the latter. Code, 10, 40, 7. And see U. S. v. Rhodes, 27 Fed. Cas. 788. In the Roman law. Any body of people living under the same laws; a state. Jus civitatis, the law of a state; civil law. Inst. 1, 2, 1, 2. CHitates fcederatce, towns in alliance with Rome, and considered to be free. Butl. Hor. Jur. 29. Citizenship; one of the three status, con ditions, or qualifications of persons. Mac keld. Rom. Law, § 131. Civitaa et orbs in boo differunt, quod incolse dicuntnr civitas, urbs vero com plectitur sedificia. Co. Litt 409. A city and a town differ, in this: that the inhabit ants are called the "city," but town Includes the buildings. CLAIM, v. To demand as one's own; to assert a personal right to any property or any right; to demand the possession or en joyment of something rightfully one's own, and wrongfully withheld. Hill •. Henry, 68 N. J. Eq. 150, 57 AU. 555. CIVITAS. Lat.