KFLCC Kingdom Law 2nd Ed.

311

CUST08

OY-PRES

queen's bench and common pleas, whose office it was to keep the writs returnable into those courts. The office was abolished by 1 Wm. IV. c 5.—Custos ferarum. A gamekeeper. Townsh. PI. 265.—Custos horrei regii. Pro tector of the royal granary. 2 Bl. Gomm. 394. —Custos maris. In old English law. War den of the sea. The title of a high naval of ficer among the Saxons and after the Conquest, corresponding with admiral. —Custos mornm. The guardian of morals. The court of queen's bench has been so styled. 4 Steph. Comm. 377. —Custos placitomm coron.se. In old Eng lish law. Keeper of the pleas of the crown. Bract foL 146. Cowell supposes this office to have been the same with the custos rotulorum. But it seems rather to have been another name for "coroner." Crabb, Eng. Law, 150; Bract, fol. 1365.—Custos rotulorum. Keeper of the rolls. An officer in England who has the cus tody of the rolls or records of the sessions of the peace, and also of the commission of the peace itself. He is always a justice of the quorum in the county where appointed and is the principal civil officer in, the county. 1 Bl. Comm. 349; 4 Bl. Comm. 272—Custos spiritualium. In English ecclesiastical law. Keeper of the spiritualities. He who exercises the spiritual jurisdiction of a diocese during the vacancy of the see. Cowell.—Custos tem poralium. In English ecclesiastical law. The person to whom a vacant see or abbey was given by the king, as supreme lord. His office was, as steward of the goods and profits, to give an account to the escheator, who did the like to the exchequer.—-Custos terrse. In old English law. Guardian, warden, or keeper of the land. Custos statum haeredis in custodia ex istemtis meliorem, non deteriorem, fa cere potest. 7 Coke, 7. A guardian can make the estate of an existing heir under his guardianship better, not worse. CUSTUMA ANTIQUA SXVE MAGNA. (L&L. Ancient or great duties.) The duties on wool, sheep-skin, or wool-pelts and leather exported were so called, and were payable by every merchant, stranger as well as na tive, with the exception that merchant stran gers paid one-half as much again as natives. 1 Bl. Comm. 314. CUSTUMA PABVA ET NOVA. (Small and new customs.) Imposts of 3d. in the pound, due formerly in England from mer chant strangers only, for all commodities, as well imported as exported. This was usually called the "aliens duty," and was first granted in 31 Edw. I. 1 Bl. Comm. 314; 4 Inst. 29. CUT. A wound made with a sharp in strument. State v. Patza, 3 La. Ann. 512; State v. Cody, 18 Or. 506, 23 Pac. 891; State V. Mairs, 1 N. J. Law, 453. CUTCHERBY. In Hindu law. Corrupt ed from Kachari. A court; a hall; an of fice; the place where any public business is transacted. CUTH, COUTH. Sax. Known, knowing, UncutJu, unkno^TO. See COUTHUTLAUGH, UNCUTH.

CUTHRED. A knowing or skillful coun sellor. CUTPUBSE. One who steals by the method of cutting purses; a common prac tice when men wore their purses at their girdles, as was once the custom. Wharton. CUTTER OF THE TALLIES. In old English law. An officer in the exchequer, to whom it belonged to provide wood for the tallies, and to cut the sum paid upon them, etc. CUTWAL, EATWAL. The chief officer of police or superintendent of markets in a large town or city in India. CWT. A hundred-weight; one hundred and twelve pounds. Helm v, Bryant, 11 B. Mon. (Ky.) 64. (Cy-apres, hereafter; cy-devant, heretofore.) Also as, so. CYCLE. A measure of time; a space In which the same revolutions begin again; a periodical space of time. Enc. Lond. CYNE-BOT, or CYNE-GILD. The por tion belonging to the nation of the mulct for slaying the king, the other portion or toere being due to his family. Blount. CYNEBOTE. A mulct anciently paid by one who killed another, to the kindred of the deceased. Spelman. CYPHONISM. That kind of punishment used toy the ancients, and still used by the Chinese, called by Staunton the "wooden collar," by which the neck of the malefactor is bent or weighed down. Enc Lond. CY-PRES. As near as [possible.] The rule of cy-pres is a rule for the construction of instruments in equity, by which the inten tion of the party is carried put as near as may 6e, when it would be impossible or ille gal to give it literal effect. Thus, where a testator attempts to create a perpetuity, the court will endeavor, instead of making the devise entirely void, to explain the will in such a way as to carry out the testator's gen eral intention as far as the rule against per petuities will allow. So in the case of be quests to charitable uses; and particularly where the language used is so vague or un certain that the testator's design must foe sought by construction. See 6 Cruise, Dig. 16J5; 1 Spence, Eq. Jur. 532; Taylor v. Keep, 2 111. App. 383; Beekman v. Bonsor, 23 N. Y. 308, 80 Am. Dec. 269; Jackson v. Brown, 13 Wend. (N. Y.) 445; Doyle v. Whalen, 87 CY. In law French. Here.