KFLCC Kingdom Law 2nd Ed.

OUILIBET LICET JUKI PRO SE

304

CULPABLE

Cuilibet licet juri pro se introducto renunciare. Any one may waive or re nounce the benefit of a principle or rule of law that exists only for his protection. Cni licet quod majus, non debet quod minus est non licere. He who is allowed to do the greater ought not to be prohibited from doing the less. He who has authority to do the more important act ought not to be debarred from doing what Is of less im portance. 4 Coke, 23. Cni pater est populus non habet ille patrem. He to whom the people is father has not a father. Co. Litt. 123. Cuique in sua arte credendnnt est. Every one Is to be believed in his own art. Dickinson v. Barber, 9 Mass. 227, 6 Am. Dec. 58. Cnjns est commodum ejus debet esse incommodum. Whose is the advantage, his also should be the disadvantage. Cnjns est dare, ejus est disponere. Wing. Max. 53. Whose it is to give, his it is to dispose; or, as Broom says, "the be stower of a gift has a right to regulate its disposal." Broom, Max. 459, 461, 463, 464. Cnjns est divisio, altering est electio. Whichever [of two parties] has the division, [of an estate,] the choice [of the shares] is the other's. Co. Litt. 1666. In partition between coparceners, where the division is made by the eldest, the rule in English law is that she shall choose her share last. Id.; 2 Bl. Comm. 189; 1 Steph. Comm. 323. Cnjns est dominium ejus est pericu lum. The risk lies upon the owner of the subject. Tray. Lat. Max. 114. Cnjns est institnere, ejus est abrogare. Whose right it is to institute, his right it is to abrogate. Broom, Max. 878, note. Cnjns est solum ejus est nsqne ad coelnm. Whose is the soil, his it is up to the sky. Co. Litt. 4a. He who owns the soil, or surface of the ground, owns, or has an exclusive right to, everything which is upon or above it to an indefinite height. 9 Coke, 54; Shep. Touch. 90; 2 Bl. Comm. 18; 3 Bl. Comm. 217; Broom. Max. 395. Cnjns est solum, ejus est nsqne ad coelum et ad inferos. To whomsoever the soil belongs, he owns also to the sky and to the depths. The owner of a piece, of land owns everything above and below it to an Indefinite extent. Co. Littl 4. Cnjns juris (i. e., jurisdictions) est principale, ejusdem juris erit accesso rium. 2 Inst. 493. An accessory matter is subject to the same jurisdiction as its prin cipal.

Cnjns per errorem dati repetitio est, ejns consnlto dati donatio est. He who gives a thing by mistake has.a right to re cover it back; but, if he gives designedly, it Is a gift Dig. 50, 17, 53. Cnjnsqne rei potissima pars est prin cipium. The chiefest part of everything is the beginning. Dig. 1, 2, 1; 10 Coke, 49a. CUIi DE SAC. (Fr. the bottom of a sack.) A blind alley; a street which is open at one end only. Bartlett v. Bangor, 67 Me. 467; Perrin v. Railroad Co., 40 Barb. (N. Y.) 65; Talbott v. Railroad Co., 31 Grat (Va.) 691; Hickok v. Plattsburg, 41 Barb. (N. Y.) 135. CUIiAGIUM. In old records. The lay ing up a ship in a dock, in order to be re paired. Cowell; Blount. CULPA. Lat A term of the civil law, meaning fault, neglect or negligence. There are three degrees of culpa, — lata culpa, gross fault or neglect; levis culpa, ordinary fault or neglect; leviqsima culpa, slight fault or neglect,—and the definitions of these de grees are precisely the same as those in our law. Story, Bailm. § 18. This term is to bo distinguished from dolus, which means fraud, guile, or deceit Culpa caret qui scit sed prohibere non potest. He is clear of blame who knows, but cannot prevent. Dig. 50, 17, 50. Culpa est immiscere se rei ad se non pertinent!. 2 Inst 208. It is a fault for any one to meddle in a matter not pertaining to him. Culpa lata dolo sequiparatur. Gross negligence is held equivalent to intentional wrong. Culpa tenet [teneat] suos anctores. Misconduct binds [should bind] its own au thors. It is a never-failing axiom that every one is accountable only for his own delicts. Ersk. Inst 4, L 14. CULPABILIS. Lat In old English law. Guilty. Culpabilis de intrusions, —guilty of intrusion. Pleta, lib. 4, c. 30, § 11. Non culpabilis, (abbreviated to non cul.) In crim inal procedure, the plea of "not guilty." See CULPBIT. CUIiPABIiE. Blamable; censurable; in volving the breach of a legal duty or the commission of a fault The term is not nec essarily equivalent to "criminal," for, in pres ent use, and notwithstanding its derivation, it implies that the act or conduct spoken of is reprehensible or wrong but not that it in* volves malice or a guilty purpose. "Culpa ble" in fact connotes fault rather than guilt