KFLCC Kingdom Law 2nd Ed.

305

CUM PAR DELICTUM

CULPABLE

Railway Co. v. Clayberg, 107 111. 651; Bank r. Wright, 8 Allen (Mass.) 121. As to culpable "Homicide," "Neglect," and "Negligence," see those titles. Oulpse poena par esto. Poena ad men inram delicti statnenda est. Let the pun ishment be proportioned to the crime. Pun ishment is to be measured by the extent of the offense. CULPRIT. A person who is indicted for a criminal offense, but not yet convicted. It is not, however, a technical term of the law; and in its vernacular usage it seems to imply only a light degree of censure or moral reprobation. Blackstone believes it an abbreviation of the old forms of arraignment, whereby, on the pris oner's pleading not guilty, the clerk would re spond, "culpabtli8, prit," •. e., he is guilty and the crown is ready. It was (he says) the vwa voce replication, by the clerk, on behalf of the crown, to the prisoner's plea of non culpabilis; prit being a technical word, anciently in use in the formula of joining issue. 4 Bl. Comm. 339. But a more plausible explanation is that given by Donaldson, (cited Whart. Lex.,) as follows: The clerk asks the prisoner, "Are you guilty, or not guilty?" Prisoner "Not guilty." Clerk, "Qu'il parott, [may it prove so.] How will you • be tried?" Prisoner, "By God and my coun try." These words being hurried over, came to sound, "culprit, how will you be tried?" The ordinary derivation is from culpa. In old Scotch law. A spe cies of pledge or cautioner, (ScotticS, bacJc iorgh,) used in cases of the replevin of per sons from one man's court to another's. Skene. CULTIVATED. A field on which a crop of wheat is growing is a cultivated field, al though not a stroke of labor may have been done in it since the seed was put in the ground, and it is a cultivated field after the crop is removed. It is, strictly, a cultivated piece of ground. State v. Allen, 35 N. C 36. CULTURA. A parcel of arable land. Blount. CUIiVERTAGE. In old English law. A base kind of slavery. The confiscation or for feiture which takes place when a lord seizes his tenant's estate. Blount; Du Cange. Cum actio fnerit mere criminalis, in stitui poterit ab initio criminaliter vel civiliter. When an action is merely crimi nal, it can be instituted from the beginning either criminally or civilly. Bract 102. Com adsunt testimonia rerun, quid opus eat verbis? When the proofs of facts are present, what need is there of words? 2 Bulst 58. Com aliquis rennnciaverit societati, solvitur societas. When any partner re BL.LAW DICT.(2D ED.)—20 CULRACH.

nounces the partnership, the partnership is dissolved. Tray. Lat Max. 11& Cum conntente sponte mitins est agen dum. 4 Inst. 66. One confessing willingly should be dealt with more leniently. CUM COPULA. Lat With copulation, i. e., sexual intercourse. Used in speaking of the validity of a marriage contracted "per verba de futuro cum copula," that is, with words referring to the future (a future intention to have the marriage solemnized) and con summated by sexual connection. Cum de lucro duorum quseritur, me lior est causa possidentis. When the ques tion is as to the gain of two persons, the cause of him who is in possession is the bet ter. Dig. 50,17, 126. Cum duo inter se pugnantia reperiun tur in testamento, ultimum ratum est. Where two things repugnant to each other are found in a will, the last shall stand. Co. Litt 112&; Shep. Touch. 451; Broom, Max. 583. Cum duo jura concurrunt in una per sona sequum est ao si essent in duobus. When two rights meet in one person, it is the same as if they were in two persons. CUM GRANO SALIS. (With a grain of salt) With allowance for exaggeration. Cum in corpore dissentitur, apparet nullam esse acceptionem. When there is a disagreement in the substance, it appears that there is no acceptance. Gardner v. Lane, 12 Allen (Mass.) 44. Cum in testamento ambigue aut eti am perperam scriptum est benigne in terpretari et secundum id quod credi bile est cogitatum credendum est. Dig. 34, 5, 24. Where an ambiguous, or even an erroneous, expression occurs in a will, it should be construed liberally, and in accord ance with the testator's probable meaning. Broom, Max. 568. Cum legitimes nuptise factse sunt, pa trem liberi sequuntur. Children born un der a legitimate marriage follow the condi tion of the father. CUM ONERE. With the burden; sub ject to an incumbrance or charge. What is taken cum onere is taken subject to an exist ing burden or charge. Cum par delictum est duorum, semper oneratur petitor et melior habetur pos sessors causa. Dig. 50, 17, 154. When both parties are in fault the plaintiff must always fail, and the cause of the person in possession be preferred.