KFLCC Kingdom Law 2nd Ed.

CUM PERA KT LOCULO

306

CURATOfc

CUM PERA ET LOCULO. With satchel wnd purse. A phrase in old Scotch law. CUM PERTINENTIIS. With the ap purtenances. Bract. foL 73&. CUM PRTVILEGIO. The expression of the monopoly of Oxford, Cambridge, and the royal printers to publish the Bible. Cum quod ago non valet ut ago, valeat quantum, valere potest. 4 Kent, Comm. 498. When that which I do is of no effect as I do it, it shall have as much effect aa it can; i. e., in some other way. CUM TESTAMENTO ANNEXO. L. Lat. With the will annexed. A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons, or where the executors named refuse to act 2 Bl. Comm. 503, 504. CUMULATIVE. Additional; heaping up; Increasing; forming an aggregate. The word signifies that two things are to be added together, instead of one being a repetition or in substitution of the other. People v. Su perior Court, 10 Wend. (N. Y.) 285; Regina v. Eastern Archipelago Co., 18 Eng. Law & Eq. 183. —Cumulative dividend. See STOCK.— Cu mulative offense. One which can be commit ted only by a repetition of acts of the same kind but committed on different days. The of fense of being a "common seller" of intoxicat ing liquors is an example. Wells v. Com., 12 Gray (Mass.) 328.— Cumulative punishment. An increased punishment inflicted for a second or third conviction of the same offense, under the statutes relating to habitual criminals. State v. Hambly, 126 N. C. 1066, 35 S. E. 614. To be distinguished from a "cumulative sen tence," as to which see SENTENCE.— Cumula tive remedy. A remedy created by statute in addition to one which still remains in force. Railway Co. v. Chicago, 148 111. 141, 35 N. E, 881.— Cumulative voting. A system of vot ing, by which the elector, having a number of votes equal to the number of officers to be chos en, is allowed to concentrate the whole number of his votes upon one person, or to distribute them as he may see fit. For example, if ten directors of a corporation are to be elected, then, under this system, the voter may cast ten votes for one person, or five votes for each of two persons, etc. It is intended to secure repre sentation of a minority. As to cumulative "Evidence," "Legacies,'* and "Sentences," see those titles. CUNADES. In Spanish law. Affinity; alliance; relation by marriage. Las Parti das, pt 4, tit. 6,. 1, 5. CUNEATOR. A coiner. Du Cange. Cu neare, to coin. Cuneus, the die with which to coin. Cuneata, coined. Du Cange; Spel man. CUHTTEY-CUNTEY. In old English law. A kind of trial, as appears from Bract lib.

4, tract 3, ca. 18, and tract 4, ca. 2, where it seems to mean, one by the ordinary jury. CUR. A common abbreviation of curia. CURA. Lat Care; charge; oversight; guardianship. In the civil law. A species of guardian ship which commenced at the age of puber ty, (when the guardianship called "tutela" expired,) and continued to the completion of the twenty-fifth year. Inst 1, 23, pr.; Id. 1, 25, pr.; Hallifax, Civil Law, b. 1, c. 9. CURAGULOS. One who takes care of a thing. CURATE. In ecclesiastical law. Prop erly, an incumbent who has the cure of souls, but now generally restricted to signify the spiritual assistant of a rector or vicar in his cure. An officiating temporary minister in the English church, who represents the prop er incumbent; being regularly employed ei ther to serve in his absence or as his as sistant, as the case may be. 1 Bl. Comm. 393; 3 Steph. Comm. 88; Brande. —Perpetual curacy. The office of a curate in a parish where there is no spiritual rector or vicar, but where a clerk (curate) is appointed to officiate there by the impropriator. 2 Burn, Ecc. Law, 55. The church or benefice filled by a curate under these circumstances is also so called. CURATEUR. In French law. A person charged with supervising the administration of the affairs of an emancipated minor, of giving him advice, and assisting him in the important acts of such administration. Du verger. CURATIO. In the civil law. The pow er or duty of managing the property of him who, either on account of infancy or some defect of mind or body, cannot manage his own affairs. The duty of a curator or guard ian. Calvin. CURATIVE. Intended to cure (that is, to obviate the ordinary legal effects or con sequences of) defects, errors, omissions, or irregularities. Applied particularly to stat utes, a "curative act" being a retrospective law passed in order to validate legal pro ceedings, the acts of public officers, or private deeds or contracts, which would otherwise be void for defects or irregularities or for want of conformity to existing legal require ments. Meigs v. Roberts, 162 N. Y. 371, 56 N. E. 838, 76 Am. St Rep. 322. CURATOR. In the civil law. A per son who is appointed to take care of any thing for another. A guardian. One ap pointed to take care of the estate of a minor above a certain age, a lunatic, a spendthrift, or other person not regarded by the law as competent to administer it for himself. The