KFLCC Kingdom Law 2nd Ed.

302

CRUELTY

CROSS

CROSS. A mark made by persons who are unable to write, to stand instead of a signature; usually made in the form of a Maltese cross. As an adjective, the word is applied to various demands and proceedings which are connected in subject-matter, but opposite or contradictory in purpose or object — Cross-action. An action brought by one who is defendant in a suit against the party who is plaintiff in such suit, upon a cause of action growing out of the same transaction which is there in controversy, whether it be a contract or tort.—Cross-demand. Where a person against whom a demand is made by another, in his turn makes a demand against that other, these mu tual demands are called "cross-demands" A set-off is a familiar example. Musselman v. Galligher, 32 Iowa, 383.— Cross-errors. Er rors being assigned by the respondent in a writ of error, the errors assigned on both sides are called "cross-errors." As to cross "Appeal," "Bill," "Complaint," "Examination," "Remainder," "Rules," see those titles. As to "crossed check," see CHECK. CROWN. The sovereign power in a monarchy, especially in relation to the pun ishment of crimes. "Felony is an offense of the crown." Finch, Law, b. 1, c. 16. An ornamental badge of regal power worn on the head by sovereign princes. The word is frequently used when speaking of the sovereign himself, or the rights, duties, and prerogatives belonging to him. Also a silver coin of the value of five shillings. Whar ton. — Crown cases. In English law. Criminal prosecutions on behalf of the crown, as repre senting the public; causes in the criminal courts.— Crown oases reserved. In English law. Questions of law arising in criminal trials at the assizes, (otherwise than by way of de murrer,) and not decided there, but reserved for the consideration of the court of criminal ap peal.— Crown court. In English law. The court in which the crown cases, or criminal business, of the assizes is transacted.— Crown debts. In English law. Debts due to the crown, which are put, by various statutes, up on a different footing from those due to a sub ject.— Crown lands. The demesne lands of the crown.— Crown law. Criminal law in Eng land is sometimes so termed, the crown being always the prosecutor in criminal proceedings. 4 Bl. Comm. 2.— Crown office. The criminal side of the court of king's bench. The king's attorney in this court is called "master of the crown office." 4 Bl. Comm. 308.— Crown of fice in chancery. One of the offices of the English high court of chancery, now transferred to the high court of justice. The principal of ficial, the clerk of the crown, is an officer of parliament, and of the lord chancellor, in his nonjudicial capacity, rather than an officer of the courts of law.— Crown paper. A paper containing the list of criminal cases which await the hearing or decision of the court, and particularly of the court of king's bench; and it then includes all cases arising fiom informa tions quo warranto, criminal informations, criminal cases brought up from inferior courts by writ of certiorari, and cases from the ses sions. Brown.— •Crown side. The criminal department of the court of king's bench; the civil department or branch being called the

"plea side." 4 Bl. Comm. 265.— Crown solic itor. In England, the solicitor to the treasury acts, in state prosecutions, as solicitor for the crown in preparing the prosecution. In Ire land there are officers called "crown solicitors" attached to each circuit, whose duty it is to get up every case for the crown in criminal prosecutions. They are paid by salaries. There is no such system in England, where prosecu tions are conducted by solicitors appointed by the parish, or other persons bound over to prosecute by the magistrates on each committal; but in Scotland the still better plan exists of a crown prosecutor (called the "procurator-fiscal,** and being a subordinate of the lord-advocate) in every county, who prepares every criminal pros ecution. Wharton. In old Scotch law. Cor oner ; a coroner. "Crowner's quest," a cor oner's inquest. CROY. In old English law. Marsh land. Blount CRUCE SIGNATI. In old English law. Signed or marked with a cross. Pilgrims to the holy land, or crusaders; so called be cause they wore the sign of the cross upon their garments. Spelman. The intentional and mali cious infliction of physical suffering upon living creatures, particularly human beings; or, as applied to the latter, the wanton, ma licious, and unnecessary infliction of pain upon the body, or the feelings and emotions; abusive treatment; inhumanity; outrage. Chiefly used in the law of divorce, in such phrases as "cruel and abusive treatment," "cruel and barbarous treatment" or "cruel and inhuman treatment," as to the meaning of which, and of "cruelty" in this sense, see May v. May, 62 Pa. 206; Waldron v. Wald ron, 85 Cal. 251, 24 Pac. 649, 9LR.A. 487; Ring v. Ring, 118 Ga. 183, 44 S. E. 861, 62 L. R. A. 878; Sharp v. Sharp, 16 111. App. 348; Myrick v. Myrick, 67 Ga. 771; Shell v. Shell, 2 Sneed (Tenn.) 716; Vignos v. Vignos, 15 111. 186; Poor v. Poor, 8 N. H. 307, 29 Am. Dec. 664; Goodrich v. Good rich, 44 Ala. 670; Bailey v. Bailey, 97 Mass. 373; Close v. Close, 25 N. J. Eq. 526; Cole v. Cole, 23 Iowa, 433; Turner v. Turner, 122 Iowa, 113, 97 N. W. 997; Levin v. Lev Those acts which affect the life, the health, or even the comfort, of the party aggrieved and give a rea sonable apprehension of bodily hurt, are called "cruelty." What merely wounds the feelings is seldom admitted to be cruelty, unless the act be accompanied with bodily injury, either ac tual or menaced. Mere austerity of temper,, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, will not amount to legal cruelty; a fortiori, the denial of little in dulgences and particular accommodations, which the delicacy of the world is apt to number among its necessaries, is not cruelty. The nega tive descriptions of cruelty are perhaps the best, under the infinite variety of cases that may occur, by showing what is not cruelty. Evans v. Evans, O. Hagg. Const. 35; Westmeath v. Westmeath, 4 Eng. Ecc. 238, '311. 312. CROWNER. CRUELTY. in, 68 S. C. 123, 46 S. E. 945. As between husband and wife.