Category: C

Children born under a legitimate marriage follow the condition of the father.

With the burden; subject to an incumbrance or charge. What is taken cum onere is taken subject to an existing burden or charge.

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.

With satchel and purse. A phrase in old Scotch law.

Lat. In old English law. Guilty. Culpabilis de intrusione,

Blamable; censurable; involving the breach of a legal duty or the commission of a fault. The term is not necessarily equivalent to Òcriminal,Ó for, in present use, and notwithstanding its derivation, it implies that the act or conduct spoken of Is reprehensible or wrong but not that it Involves malice or a guilty purpose. ÒCulpableÓ in fact connotes fault rather than guilt. Railway Co. v. Clayberg, 107 111. 051; Bank v. Wright, 8 Allen (Mass.) 121. As to culpable ÒHomicide,Ó ÒNeglect,Ó and ÒNegligence,Ó see those titles.Culpae poena par esto. Poena ad men- ?uram delicti statnenda est. Let the punishment be proportioned to the crime. Punishment is to be measured by the extent of the offense.

This term applies to a thing that a reasonable and prudent person would not do.

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 prisoner’s pleading not guilty, the clerk would respond, “culpabilis. pr-it,” i. e., he is guilty and the crown is ready. It was (he says) the viva 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 paroit, [may it prove so.] How will you be tried?” Prisoner, “By God and my country.” 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 species of pledge or cautioner, (ScotticG, back boryh,) used in cases of the replevin of persons from one man’s court to another’s. Skene.

A field on which a crop of wheat is growing is a cultivated field, although 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.