caution

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caution

1 a formal warning given to a person suspected or accused of an offence that his words will be taken down and may be used in evidence.
2 a warning to a person by the police, or in Scotland by the Procurator Fiscal, that while it is considered that there is enough evidence for a prosecution, no such prosecution will take place but that the matter will be kept on file.
3 a notice entered on the register of title to land that prevents a proprietor from disposing of land without a notice to the person who entered the caution.
4 see GUARANTEE.

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.

CAUTION, TURATORY, Scotch law. Juratory caution is that which a suspender swears is the best he can offer in order to obtain a suspension. Where the suspender cannot, from his low or suspected circumstances, procure unquestionable security, juratory caution is admitted. Ersk. Pr. L. Scot. 4, 3, 6.

References in periodicals archive ?
The figures for girls tell a different story, with one in every 833 of an ethnic minority cautioned or sentenced.
The data also shows the total number of children who were cautioned or sentenced - regardless of whether it was their first time or not.
Elsewhere, the data revealed that one offender in a position of trust was cautioned for causing a child to watch a sexual act.
Three were cautioned for "other" offences which the force did not disclose.
The star was cautioned last year for slapping a 15-year-old Arsenal fan who mocked him while he filmed an advert in a London park.
Last year's figure worked out at three people sentenced or cautioned for carrying knives every day in the capital.
China Supermar-ket, below, was cautioned over selling alcohol without a premises licence
Another three people were cautioned despite admitting threatening or conspiring to murder.
A MAN has been cautioned by police for a firearms offence and possessing an illegal wildlife trap.
In North Wales, seven people were cautioned for sexual assault on a female under 13, nine were cautioned for sexual activity involving a child under 16 and four received cautions for raping a female child under 13.
Two were accused of conspiracy or threatening to murder, while more than 50 were cautioned for race offences.
Victim groups last night called for police chiefs to get tough after figures revealed 727 North sex offenders had been cautioned instead of taken to court over the past five years.