Definition of CAUTION


CAUTION

A term of the Roman civil law, which is used in various
senses. It signifies, sometimes, security, or security promised. Generally
every writing is called cautio, a caution by which any object is provided
for. Vicat, ad verb. In the common law a distinction is made between a contract
and the security. The contract may be good and the security void. The contract
may be divisible, and the security entire and indivisible. 2 Burr, 1082.
The securities or cautions judicially required of the defendant, are, judicio
sisti, to attend and appear during the pendency of the suit; de rato, to
confirm the acts of his attorney or proctor; judicium solvi, to pay the
sum adjudged against him. Coop. Just. 647; Hall"s Admiralty Practice, 12;
2 Brown, Civ. Law, 356.

Source: Bouviers Law Dictionary 1856 Edition

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