CALLING THE PL人工智能NTIFF, practice. When a plaintiff perceives that he has not given evidence to maintain his issue, and intends to become nonsuited, he withdraws himself, when the cryer is ordered to call the plaintiff, and on his failing to appear, he becomes nonsuited. 3 Bl. Com. 376.
CALUMNIATORS, civil law. Persons who accuse others, whom they know to be innocent, of having committed crimes. Code 9, 46, 9.
CAMBIST. A person skilled in exchange; one who deals or trades in promissory notes or bills of exchange.
CAMERA STELLATA, Eng. law. The court of the Star Chamber1, now abolished.
CAMPARTUM. A part or portion of a larger field or ground, which would otherwise be in gross or common. Vide Champerty.
CANAL. A trench2 dug for leading water in a particular direction, and confin- ing it.
2. Public canals are generally protected by the law which authorizes3 their being made. Various points have arisen under numerous laws authorizing4 the construction of canals, which have been decided5 in cases reported in 1 Yeates, 430; 1 Binn. 70; 1 Pennsyl. 462; 2 Pennsyl. 517; 7 Mass. 169; 1 Sumu. 46; 20 Johns. 103, 735; 2 Johns. 283; 7 John. Ch. 315; 1 Wend. 474; 5 Wend. 166; 8 Wend. 469; 4 Wend. 667; 6 Cowen, 698; 7 Cowen, 526 4 Hamm. 253; 5 Hamm. 141, 391; 6 Hamm. 126; 1 N. H. Rep. 339; See River.
CANCELLARIA CURIA. The name formerly6 given to the court of chancery.
CANCELLATION7. Its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operation of tearing or destroying the instrument itself. Hyde v. Hyde, 1 Eq. Cas. Abr. 409; Rob. on Wills, 367, n.
2. Cancelling a will, animo revocandi, is a revocation8 of it, and it is unnecessary to show a complete destruction or obliteration9. 2 B. B. 650; 3 B. A. 489; 2 Bl. R. 1043; 2 Nott M'Cord, 272; Whart. Dig. Wills, c.; 4 Mass. 462. When a duplicate has been cancelled, animo revocandi, it is the cancellation of both parts. 2 Lee, Ecc. R. 532.
3. But the mere10 act of cancelling a will is nothing, unless it be done animo revocandi, and evidence is admissible to show, quo animo, the testator cancelled it., 7 Johns. 394 2 Dall. 266; S. C. 2 Yeates, 170; 4 Serg. Rawle, 297; cited 2 Dall. 267, n.; 3 Hen. Munf. 502; Rob. on Wills, 365; Lovel, 178; Toll11. on Ex'rs, Index, h. t.; 3 Stark12. Ev. 1714; 1 Adams' Rep. 529 Mass. 307; 5 Conn. 262; 4 Wend. 474; 4 Wend. 585; 1 Harr. M'H. 162; 4 Conn. 550; 8 Verm. 373; 1 N. H. Rep. 1; 4 N. H. Rep. 191; 2 Eccl. Rep. 23.
4. As to the effect of cancelling a deed, which has not been recorded, see 1 Adams' Rep. 1; Palm. 403; Latch13. 226; Gilb. Law, Ev. 109, 110; 2 H . Bl. 263: 2 Johns. 87 1 Greenl. R. 78; 10 Mass. 403; 9 Pick. 105; 4 N. H. Rep. 191; Greenl. Ev. 265; 5 Conn. 262; 4 Conn. 450; 5 Conn. 86; 2 John. R. 84; 4 Yerg. 375; 6 Mass. 24; 11 Mass. 337; 2 Curt14. Ecc. R. 458.
5. As to when a court of equity15 will order an agreement or other instrument to be cancelled and delivered up, see 4 Bouv. Inst. n. 3917-22.
CANDIDATE. One who offers himself or is offered by others for an office.
CANON, eccl. law. This word is taken from the Greek, and signifies a rule or law. In ecelesiastical law, it is also used to designate an order of religious persons. Francis Duaren says, the reason why the ecclesiastics16 called the rules they established canons or rules, and not laws, was modesty17. They did not dare to call them laws, lest they should seem to arrogate18 to themselves the authority of princes and magistrates19. De Sacris Ecclesiae Ministeriis, p. 2, in pref. See Law, Canon.
