KFLCC Kingdom Law 2nd Ed.

CRUELTY

303

CUILIBET IN ARTE SUA PERITO

Cruelty includes both willfulness and mali cious temper of mind with which an act is done, as well as a high degree of pain inflicted. Acts merely accidental, though they inflict great pain, are not "cruel," in the sense of the word as used in statutes against cruelty. Comm. v. Mc Clellan, 101 Mass. 34. —Cruelty to animals. The infliction of physical pain, suffering, or death upon an ani mal, when not necessary for purposes of train ing or discipline or (in the case of death) to procure food or to release the animal from in curable suffering, but done wantonly, for mere sport, for the indulgence of a cruel and vin dictive temper, or with reckless indifference to its pain. Com. v. Lufkin, 7 Allen (Mass.) 581; State v. Avery, 44 N. H. 392; Paine v. Bergh, 1 City Ct R. (N. Y.) 160; State v. Porter, 112 N. C. 887, 16 S. E. 915, State v. Bos worth, 54 Conn. 1, 4 Atl. 248; McKinne v. State, 81 Ga. 164, 9 S. B. 1091; Waters v. People, 23 Colo. 33, 46 Pac. 112, 33 L. R. A. 836, 58 Am. St. Rep. 215.—Legal cruelty. Such as will warrant the granting of a divorce to the injured party; as distinguished from such kinds or degrees of cruelty as do not,' un der the statutes and decisions, amount to suffi cient cause for a decree. Legal cruelty may be defined to be such conduct on the part of the husband as will endanger the life, limb, or health of the wife, or create a reasonable appre hension of bodily hurt; such acts as render co habitation unsafe, or are likely to be attended with injury to the person or to the health of the wife. Odom v. Odom, 36 Ga. 286.—Cruel and unusual punishment. See PUNISHMENT. A voyage undertaken for a given purpose; a voyage for the purpose of making captures jure belli. The Brutus, 2 Gall. 538, Fed. Cas. No. 2,060. A voyage or expedition in quest of vessels or fleets of the enemy which may be expected to sail in any particular track at a certain season of the year. The region in which these cruises are performed is usually termed the "rendez vous, or "cruising latitude." Bouvier. Imports a definite place, as well as time of commencement and termination, unless such con struction is repelled by the context. When not otherwise specially agreed, a cruise begins and ends in the country to which a ship belongs, and from which she derives her commission. The Brutus, 2 Gall. 526, Fed. Cas. No. 2,060. CRT. To call out aloud; to proclaim; to publish; to sell at auction. "To cry a tract of land." Carr v. Gooch, 1 Wash. tVa.) 335, (260.) A clamor raised in the pursuit of an es caping felon. 4 Bl. Comm. 293. See HUE AND CEY. CRT DE PAIS, or CRI DE PAIS. The hue and cry raised by the people in ancient times, where a felony had been committed and the constable was absent. CRTER. An auctioneer. Carr v. Gooch, 1 Wash. (Va.) 337, (262.) One who calls out aloud; one who publishes or proclaims. See CRIER. CRTPTA. A chapel or oratory under ground, or under a church or cathedral. Du Cange. CUCKING-STOOL. An engine of cor rection for common scolds, which In the CRUISE.

Saxon language is said to signify the scold ing-stool, though now it is frequently cor rupted into ducking-stool, because the judg ment was that, when the woman was placed therein, she should be plunged in the water for her punishment. It was also variously called a »"trebucket," "tumbrel," or "castiga tory." 3 Inst. 219; 4 Bl. Comm. 169; Brown. James v. Comm., 12 Serg. & R. (Pa.) 220. CUI ANTE DIVORTIUM. (To whom before divorce.) A writ for a woman di vorced from her husband to recover her lands and tenements which she had in fee simple or in tail, or for life, from him to whom her husband alienated them during the marriage, when she could not gainsay it. Reg. Orig. 233. CUI BONO. For whose good; for whose use or benefit. "Cui bono is ever of great weight in all agreements." Parker, C. J., 10 Mod. 135. Sometimes translated, for what good, for what useful purpose. Cuicunque aliquis quid coneedit con cedere videtur et id, sine quo res ipsa esse non potuit. 11 Coke, 52. Whoever grants anything to another is supposed to grant that also without which the thing it self would be of no effect. A writ of entry for a widow against him to whom her husband aliened her lands or tenements in his life-time; which must con tain in it that during his life she could not withstand it. Reg. Orig. 232; Fitzh. Nat. Brev. 193. Cui jurisdictio data est, ea quoque concessa esse videntur, sine quibus ju risdictio explicari non potest. To whom soever a jurisdiction is given, those things also are supposed to be granted, without which the jurisdiction cannot be exercised. Dig. 2, 1, 2. The grant of jurisdiction im plies the grant of all powers necessary to its exercise. 1 Kent, Comm. 339. Cui jus est donandi, eidem etvendendi et concedendi jus est. He who has the right of giving has also the right of selling and granting. Dig. 50, 17, 163. Cuilibet in arte sua perito est creden dtun. Any person skilled in his peculiar art or profession is to be believed, [i. e., when he speaks of matters connected with such art.] Co. Litt 125a; Shelf. Mar. & Div. 206. Credence should be given to one skilled in his peculiar profession. Broom, Max. 932. CUI IN VITA. (To whom in life.) CUEIIXETTE. A term of French mari time law. See A CUEXLIJSTTE.