down for hearing before the same judge, for they are considered united and parts of one and the same cause. But although the general rule is, that a crossbill must be filed before evidence closed, to entitle the party to take testimony in support of the facts asserted in it, independently of the answer; this rule is a restriction upon the rights of the defendant, and not upon the authority of the Court; for, where it is necessary for the purposes of justice in a particular cause, the Court may direct a cross-bill to be filed at any time. The cross-bill is filed and served similarly as an original bill, and appearance and answer enforced in the same manner. A cross-bill is now unnecessary in some cases in which it was formerly required. As, for example, if a bill is filed for the specific performance of an agreement, and the defendant should insist upon a different agreement from that stated by the plaintiff in the bill, and should offer to perform the specific agreement which he represents to have been made; the old practice would have required that the defendant should file a cross-bill, to entitle himself to a decree for the performance of the agreement as set up and proved by the defendant. But this would now be unnecessary, because the Court will, under such circumstances, at his request, decree a specific performance of the agreement, actually set up and established in the defence. The original plaintiff is entitled to have an answer to his interrogatories before he can be compelled to answer those of the cross-bill, but he must obtain an order for the purpose, which he may do as of course. This order allows him a certain time to answer the cross-bill after the original defendant has answered. The order can be obtained, although the cross-plaintiff may be in a situation to enforce an answer first, but it must be applied for before the cross-defendant has incurred a contempt for not answering the cross-bill. At the expiration of the time allowed to answer the cross-bill after the original bill has been answered, the cross-plaintiff is entitled to an answer, and the cross-defendant is not entitled as of course to any further time.-Smi. Handb. 497. The priority of answer to which the original plaintiff is entitled, may be waived and transferred to the cross-plaintiff by his amending his bill, after the filing of the cross-bill, in things material, and requiring an answer; but the cross-plaintiff, upon such material amendment being made, must obtain an order, which is as of course, that the proceedings in the original bill be stayed until a certain time after the plaintiff shall have fully answered the cross-bill. Should he not then amend his bill, then the cross-plaintiff cannot stay the proceedings in the original cause until an answer to his cross-bill be filed, but can only stay or respite closing of the evidence in the original cause. Where a defendant files a cross-bill for discocovery only against the plaintiff, the answer to such cross-bill may be read and used by the party filing such cross-bill, in the same manner and under the same restrictions as the answer to a bill praying relief may now be read and used. The costs of a bill of discovery filed by any defendant to a bill for relief are to be costs in the original cause, unless the court otherwise orders. A cross-bill for discovery alone has been rendered unnecessary, as a defendant can now examine a plaintiff upon interrogatories in the original suit, but the defendant has the option of still adopting the practice by cross-bill.—15 & 16 Vict. c. 86, s. 19. Also if a bill of exchange or promissory note be given in consideration of another bill or note, it is called a cross or counter bill or note. CROSS-EXAMINATION, a close and rigid questioning of a witness by the counsel of the adverse party, in order to test the truth of his examination-in-chief. A witness cannot be crossexamined as to any fact which, if admitted, would be collateral and wholly irrelevant to the matter in issue, for the purpose of contradicting him by other evidence, in case he should deny the fact, and in this manner to discredit his testimony. When a witness has been once sworn to give evidence, the other party may cross-examine him, though he gave no evidence for the party who called him. Leading questions are admitted in the cross-examination of a witness, where much larger powers are given to counsel than in the original examination. CROSS-REMAINDERS, reciprocal contingencies of succession, which may be implied in a will, but must always be expressed in a deed, and should be expressly limited in a will. The broad rule is, that wherever realty is devised to several persons in tail as tenants-incommon, and the testator's intention appears that not any part is to go over until the failure of the issue of all the tenants-in-common, they take cross-remainders in tail amongst themselves. The deductions from the authorities have been stated thus (2 Jarm. Wills, c. xlii. 471): (1.) That under a devise to several persons-intail, being tenants-in-common, with a limitation over for want, or in default of such issue, crossremainders are to be implied amongst the devisees in tail. (2.) That the above rule applies whether the devise be to two persons, or a larger number, though it may be made to them "respectively," and though in the devise over the testator have not used the words "the said premises,” or “all the premises," or "the same," or any other expression denoting that the ulterior devise was to comprise the entire property, and not undivided shares. (3.) That the rule applies in regard to executory trusts at least, though there be an express direction to insert cross-remainders among another class of objects, or a limitation over among some of the same objects; and even in direct devises an express limitation of cross-remainders among another class of objects has been held not to repel the implication. (4.) That the word "remainder" following a devise to several in tail, will raise cross-remainders among them. (5.) That it is no objection to the implication of cross-remainders that there is an inequality among the devisees whose issue is referred to; some of them being tenants-in-tail, and others tenants for life, with remainder to their issue in tail. (6.) That a devise to the children of A. for life, and for want and in default of such issue then over, creates cross-remainders by implication for life among such devisees. A gift to several in fee-simple as tenants-incommon, with a limitation over in case they all die under age, the share of one of the devisees dying during minority will devolve upon his representatives, unless and until the whole die under age. Cross-remainders may be implied in wills, marriage articles, and limitations of executory or imperfect trusts, but not in deeds, and for this reason, that although in a deed a remainder may be implied, yet words of inheritance cannot, so as to determine what quantity of an estate is conferred by the remainder; otherwise, if no particular words were necessary to limit the inheritance, cross-remainders could be raised by implication in a deed as well as in a will.- Watk. Conv. 189. CROSSING CHECKS. It is very usual for the drawers of bankers' checks to write across them the name of the payee's banker, in which case the banker on whom the check is drawn will only pay to that banker; in other cases, as when the drawer is unaware of the payee's banker, it is usual for him to write merely the words "and Co.," leaving it to the payee to add the name of his banker. This serves the purpose of some security in case the check is lost, since it can only be paid through a banker, and moreover postpones in some measure the payment until the clearing hours in the afternoon. See BANKERS' CHEQUES. CROWN (fr. couronne, Fr.; kroone, Dut.; corona, Lat.), an ornamental badge of regal power worn on the head by sovereign princes. The word is frequently used when speaking of the sovereign herself, or the rights, duties, and prerogatives belonging to her. Also a silver coin of the value of five shillings. As to costs for and against the Crown. see 18 & 19 Vict. c. 90. CROWN CASES RESERVED. Questions of law which arise at criminal trials (except in the case of demurrers) are now usually referred to the Court of Criminal Appeal, which sits under the authority of 11 & 12 Vict. c. 78, which declares that the justices and barons shall have full power and authority to hear and finally determine the said question or questions reserved for their consideration, and thereupon to reverse, affirm, or amend any judgment which shall have been given on the indictment or inquisition, on the trial whereof such question or questions have arisen; or to avoid such judgment, and to order an entry to be made on the record that in the judgment of the said justices and barons the party convicted ought not to have been convicted; or to arrest the judgment thereon, or to order judgment to be delivered thereon. CROWN DEBTS. It is a prerogative of the Crown to claim priority for its debts before all other creditors, and to recover them by a summary process called an extent, because thesaurus reginæ est pacis vinculum et bellorum nervi. Every person having money belonging to the Crown is a crown-debtor. When upon inquisition a person is found to be a crown-debtor by simple contract, the debt immediately becomes a specialty; but a person giving to the Crown a bond on consideration is not a bond-debtor before the consideration is breached. The places to be searched to ascertain the existence of any crown debts created or secured before the 4th of June, 1839, are the Exchequer Office and the Tax Office, among the receivergeneral's bonds. Since that date, at the Common Pleas Office, pursuant to 2 Vict. c. 11. See 18 Vict. c. 15. After 31st Dec. 1859, the provisions as to re-registry contained in 2 & 3 Vict. c. 11. and 18 & 19 Vict. c. 15, apply to crown debts.— 22 & 23 Vict. c. 35, s. 22. CROWN OFFICE, a department belonging to the Court of Queen's Bench, commonly called the Crown side of the court. The 6 & 7 Vict. c. 20, abolished the clerks in this court, and the monopoly of their practice, throwing it open to all persons admitted or admissible to practice as attorneys of the Court of Queen's Bench; it also abolished several ancient offices, and many burthensome fees, and made the office subject to the direct control of the Lord Chief Justice. There are now only three officers of the crown side appointed by the Lord Chief Justice, viz., the Queen's coroner and attorney, the master, and assistant master; their office is held during good behavior. The business of this office may be thus stated: 1st. Original proceedings, which consist of (a) indictments for assaults and batteries; libels. nuisances, perjuries, conspiracies, non-repair of roads, bridges, &c.; (3) informations. 2d. Proceedings by way of supervision or appeal, exercised by means of (a) a certiorari; (3) proceedings in error; (7) mandamus. 3d. Collateral proceedings, consisting of (a) articles of the peace; (3) attachments; (y) habeas corpus. Two days in each week during term, viz., Wednesday and Saturday, are appropriated by the Court of Queen's Bench to the Crown business, called "Crown Paper Days."—Arch. Prac. of Crown Off. CROWN SOLICITOR. The solicitor to the Treasury acts, in state prosecutions, as solicitor for the Crown in preparing the prosecution. In Ireland there are officers called Crown solicitors attached to each circuit, whose duty it is to get up every case for the Crown in criminal prosecutions. They are paid by salaries. There is no such system in England, where prosecutions are conducted by solicitors appointed by the parish, or other persons bound over to prosecute by the magistrates on each committal; but in Scotland the still better plan exists of a Crown prosecutor in every county, who prepares every criminal prosecution whatever. CROY, marsh land.-Blount. CROYSES, pilgrims, because they wore the sign of the cross upon their garments.—Bract. 1. v. pt. 2. c. 2. CRUSTUM, a purple garment mixed with many colors. CRY DE PAIS, or CRI DE PAIS, hue and cry. CRYER, an officer of a court, whose duty it is to make proclamation. CRYPTA, a chapel or oratory under ground, or under a church or cathedral.-Du Cange. CSHATRIYA, KSHATRIYA, CHETTERIE, KHETERY, a man of second or military caste.-Indian. CUCKING-STOOL. See CASTIGATORY. CUCKOLDOM, the act of adultery. CUDE, a chrysom or face-cloth for a child baptized. CUI ANTE DIVORTIUM (to whom before divorce). A writ for a woman divorced 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 did alienate them during the marriage, when she could not gainsay it.-Reg. Orig. 233. CUI IN VITA (to whom in life). A writ of entry for a widow against him to whom her husband aliened her lands or tenements in his lifetime; which must contain in it, that during his life she could not withstand it.-Reg. Orig. 232. Cui licet quod majus non debet quod minus est non licere. ~ 4 Rep. 23. (He who has authority to do the more important act, shall not be debarred from doing that of less importance.) Cui pater est populus non habet ille patrem. Co. Litt. 123. (He to whom the people is father, has not a father.) Cui plus licet quam par est, plus vult quam licet. 2 Inst. 464. (He to whom more is granted than is just, wants more than is granted.) Cuicunque aliquis quid concedit concedere videtur et id, sine quo res ipsa esse non potuit. 11 Co. 52. (Whoever grants anything to any person, is supposed to grant that also without which the thing itself would be of no effect.) Cuilibet in arte suâ perito est credendum. Co. Litt. 125. (Every one who is skilled in his own art is to be believed.) Cujus est commodum ejus debet esse incommodum. (Whose is the advantage, his also should be the disadvantage.) Cujus est dare ejus est disponere. 2 Co. 71. (Whose is to give, his is to dispose.) Cujus est divisio alterius est electio. Co. Litt. 166. (Whose is the division, the other's is the choice.) Cujus est solum ejus est usque ad coelum et ad inferos. Co. Litt. 4. (Whose is the soil, his it is even to heaven and to the middle of the earth.) This maxim is also more succinctly and elegantly expressed, Cujus est solum ejus est altum. Cujus juris (i. e. jurisdictionis) est principale, ejusdem juris erit accessorium. 2 Inst. 493. (Whose jurisdiction is the principal of the same jurisdiction will be the accessory.) Cujusque rei potissima pars est principium. 10 Co. 49. (Of every thing the chief part is the principle.) CULAGIUM, the laying up of a ship in the dock to be repaired. dolus est, dolo proxima. (2.) Culpa, without any epithet, or omnis culpa, culpa levis, levior; or levissima, slight neglect.-Cum. Civ. Law, 279; Sand. Just. 476. Culpa est immiscere se rei ad se non pertinenti. 2 Inst. 208. (It is a fault that any person should meddle in a matter not pertaining to him.) Culpa lata dolo æquiparatur. (A gross fault is held equivalent to fraud.) Culpa tenet suos auctores. (A fault binds its own authors.) Culpo pana par esto. Pana ad mensuram delicti statuenda est. Jur. Civ. (Let the punishment be proportioned to the crime. Punishment is to be measured by the extent of the offence.) CULPRIT [fr. cull, abb. of culpabilis, and ponit, Lat., written by the clerk of arraigns, pit, as a minute that issue was joined, or ponit se super patriam. Cul was probably intended to denote the plea, and prit, the issue; others derive it from culpa, in a fault, and præhensus, taken], one who is indicted for a criminal offence; popularly mistaken for the legal denomination of a criminal. CULREACH, a caution given by a lord of regality to punish a malefactor, when he replevied from the sheriff.-Scotch Dict. CULTURA, a parcel of arable land.-Blount. CULVERTAGE [fr. culum and verto, Lat. to turn tail], base slavery; the confiscation of an estate.-Mat. Par. 1212. CULWARD, and CULVERD, a coward. Cum adsunt testimonia rerum quid opus est verbis. 2 Buls. 53. (Where the testimony of facts is present, what need is there of words.) Cum confitente sponte mitius est agendum. 4 Inst. 66. (One confessing willingly should be dealt with more leniently.) Cum duo inter se pugnantia reperiuntur in testamento ultimum ratum est. Co. Litt. 112. (Where two things repugnant to each other are found in a will, the last is to be confirmed.) [Cum legitimae nuptæ facta sunt, patrem liberi sequenter. Children born under a legitimate marriage follow the condition of the father.] CUM TESTAMENTO ANNEXO [Lat.] (with the will annexed). See ADMINISTRATOR. [CUMULATIVE. When applied to evidence signifies such as tends to prove the same point as has been established by prior evidence. When applied to a legacy, signifies an additional bequest given by the testator to the legatee.] CUNA CERVISIÆ, a tub of ale. CUNEUS, a mint or place to coin money; from this word coin is derived. CUNTEY-CUNTEY, a kind of trial by an ordinary jury. CURAGULUS, one who takes care of a thing. CURATE [fr. curator, Lat.], the lowest degree in the church, being an officiating temporary minister regularly employed by the spiritual rector or vicar, either to serve in his absence or CULPA, an act of neglect, causing damage, as his assistant. All curates ought, before they but not implying an intent to injure, of which enter on their duties, to be licensed by the the Roman jurists recognized two: (1.) Culpa bishop of the diocese, and the law on the other lata, culpa latior; magna culpa, gross neglect, hand has made several provisions for their proper treated very much like fraud; culpa magna maintenance. -28 Hen. VIII. c. 11; 1 & 2 Vict. c. 106; Burns' Ecc. Law, by Tyrw. v. ii. p. 54. CURATOR, a protector of property. His duty was to see that the person under his care did not waste his goods.-Civil Law; Sand. Just. 156. CURATORES VIARUM, surveyors of the highways. Curatus non habet titulum. 3 Buls. 310. (A curate has not a title.) CURFEU (fr. couvrir, to cover, and feu, Fr., fire), a bell which rang at eight o'clock in the evening, in the time of William the Conqueror, by which every person was commanded to rake up or cover over his fire, and put out his light; abolished by Hen. I. in 1100.. It was called in the law Latin of the middle ages, ignitegium or pyritegium. Curia Cancellaria officina justitiæ. 2 Inst. 552. (The Court of Chancery is the workshop of justice.) Curia Parliamenti suis propriis legibus substitit. 4 Inst. 50. (The Court of Parliament is governed by its own peculiar laws.) Curia domini Regis non debet deficere conquerentibus in justitia perquirenda. 9 Co. 83. (The Court of our Lord the King ought not to be wanting in administering justice to the suitors.) CURIA, a court of justice. Also the class from which in the Roman provincial towns the magistrates were eligible. CURIA ADVISARE VULT (the court desires to consider), a deliberation which a court of judicature sometimes takes, where there is any point of difficulty, before they give judgment in a cause. Abbreviated in our reports thus, eur, adv. vult. CURIA CURSUS AQUÆ, a court held by the lord of the manor of Gravesend for the better management of barges and boats using the passage on the river Thames, thence to London and plying at Gravesend bridge, &c.-2 Geo. II. c. 26. CURIA CLAUDENDA, an obsolete writ to compel another to make a fence or wall, which he ought to make between his land and the plaintiff's, on his refusing or deferring to do the same. Reg. Orig. 155. CURIA DOMINI, the lord's house, hall, or court, where all the tenants meet at the time of keeping courts. CURIA PALATII, the Palace-Court, which was abolished by 12 & 13 Vict. c. 101. CURIA PENTICIARUM, a court held by the sheriff of Chester, in a place there called the Pendice or Pentice: and it is probable its being originally kept under a pent-house, or open shed covered with boards, gave it this denomination. -Blount. CURIA REGIS. See AULA REGIS. CURIALITAS, a holding of land by curtesy. -Scotch Term. CURIALITY, the privileges, prerogatives, or, perhaps, retinue of a court.-Bacon. CURIE CHRISTIANITATIS, courts of Christianity; ecclesiastical courts. Curiosa et captiosa interpretatio in lege reprobatur. 1 Buls. 6. (A nice and captious construction is reprobated in law.) CURNOCK, a measure containing four bushels, or half a quarter. CURRENCY, bank notes or other papermoney issued by authority, and which are continually passing as and for coin. CURRICULUS, the year, or the course of a year; the set of studies for a particular period, appointed by a University. Currit tempus contra desides et sui juris contemptores. (Time runs against the slothful, and those who slight their own rights.) CURSITOR BARON OF THE EX CHEQUER, office of, abolished by 19 & 20 Vict. c. 86. CURSITORS (fr. clerici de cursu, Lat.), clerks belonging to the Chancery, who make out original writs, and are called clerks of course.-18 Edw. III. st. 5. CURSONES TERRÆ, ridges of land. Cursus curiæ est lex curiæ. 3 Buls. 53. (The practice of the court is the law of the court.) CURTESY OF ENGLAND (jus curialitatis Anglice, Lat.), an estate which by favor of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, general or special, after her death. There are four circumstances necessary to the existence of this estate :— A canonical or legal marriage. (2.) Seisin of the wife; as to corporeal hereditaments, it must be a seisin in deed, either actual or virtual (Co. Litt. 29 a, n. 3; 8 Co. 96 a), but as to incorporeal hereditaments, a seisin in law is sufficient, where a seisin in deed is impossible. (3.) Birth of issue, alive and during the mother's existence.-Paine's Case, 8 Co. 34. It is immaterial, whether the issue live or die, or whether it be born before or after the wife's seisin. If a woman inheritable marries, has issue, her husband dies, and she takes another husband and has issue, which dies and then the wife dies, the second husband shall be tenant by the curtesy, though the issue by the first husband be living. (4.) Death of the wife. The husband's title to the curtesy is initiated at the birth of issue, and consummated at the death of his wife. No entry is necessary to complete this estate. It is to be observed that, by the custom of gavelkind, a husband may be tenant by the curtesy, without having had any issue by his wife. This curtesy is only of a moiety of the wife's lands, and ceases if the husband marry again. All persons capable of taking freehold estates may be tenants by the curtesy; but aliens cannot, nor a person attainted of felony, unless he have issue by his wife after pardon.-Co. Litt. 30 b, n. 7. A condition to restrain the husband of a feme-donee in tail from curtesy is repugnant and void. Co. Litt. 224 a. A husband may be tenant by the curtesy in a fee-simple or a fee-tail estate, which is held in coparcenary or in common, for in each of these the inheritance is executed in possession; also in trusts and other interests, which, though in law mere rights and titles, are deemed estates in equity, and also in advowsons, rents, and com mons. But there cannot be a tenant by the curtesy in the following interests: At the Common Law, if lands had been given to husband aud wife, and to the heirs of their two bodies begotten, and they had issue, and the husband died, and she took another husband, and had issue, the nature of the gift was so far changed by their having issue, that the land then became descendible to all the heirs of the body of the wife by any other husband, and liable to the curtesy of such husband. To prevent this, it was provided by the statute De Donis that, where lands were given in this manner, a second husband should not be tenant by the curtesy, nor his issue inheritable. If lands be given to a woman and to the heirs male of her body, and she marries and has issue a daughter only, and dies, her husband shall not be tenant by the curtesy, because the daughter by no possibility could inherit the mother's estate in the land. As no estates in land are subject to curtesy but those of inheritance, wherever the inheritance is held to have never been vested in the wife, the husband cannot be tenant by the curtesy. For, it is a rule in the case of a tenancy by the curtesy, as well as in a tenancy in dower, that the estate shall come out of the inheritance and not out of the freehold. Estates held in joint-tenancy are not subject to curtesy. Where an estate is given to two sisters, and the heirs of their bodies, and one marries and has issue and dies, her husband shall not be tenant by the curtesy, because the estate of the surviving sister intervenes, and the estate tail was never executed in possession. A man cannot be tenant by the curtesy of lands which are assigned to a woman for her dower. This follows from dower not be ing an estate of inheritance. For the same reason a woman cannot have dower of lands of which a man is tenant by the curtesy. Lord Coke says, "A man shall not be tenant by the curtesy of a reversion or remainder expectant upon any estate of freehold, unless the particular estate be determined or ended during the coverture. The reason is, that there was no seisin of the freehold. It would be otherwise of a reversion in remainder expectant upon a lease for years, because there the wife is seised of the freehold. Copyhold estates are not liable to curtesy, unless there be an express custom to warrant it." The husband, from the moment of the child's birth, or of the acquisition of the property by his wife (whichever last happens), is enabled to convey an estate for his own life; before the birth of a child, he can convey a good estate for the joint lives only of himself and his wife. If he make a lease for years, reserving rent, and die, the lease is absolutely determined, so that no acceptance of rent by the heir or those in reversion, can make it good, for though his estate is quodam modo a continuance of the wife's estate, yet it is a continuance of it only for life, and he has no power to contract or intermeddle with the inheritance; and, consequently, his lease falls off with the estate whence it is derived, and the lessee becomes tenant at sufferance by the continuance of possession afterwards. An estate by the curtesy, in respect of the estate tail, or of any prior estate created by the settlement, as well as a resulting use or trust to or for the settler, is it It is not very easy to account for the name, Some English writers (Mirror, c. I. s. 3) ascribe it to Henry I.: but Nathaniel Bacon (Government, 4to. 1647, p. 105) calls it a law of counter-tenure to that of dower, and yet supposes it as ancient as the time of the Saxons, and that it was therefore rather restored by Henry I., than introduced by him. But there are no notices of this curtesy among the laws of the Saxons, nor among those we have of Henry I.-Cham. on Est., I. c. III. p. 92. [See Kent's Com.] CURTEYN, the name of King Edward the Confessor's sword, which is the first sword carried before the English sovereigns at their coronation; and it is said the point of it is broken as an emblem of mercy.-Mat. Par. in Hen. III. CURTILAGE (fr. cour, Fr., court. and leagh, Sax., place), a court-yard, backside, or piece of ground lying near and belonging to a dwelling-house. CURTILES TERRÆ, court lands.-Spel. on Feuds. CUSSORE, a term used in Hindoostan for the discount or allowance made in the exchange of |