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 ?
Minister Benjamin Netanyahu, cautioning against the serious reflections of a
Cautioning against the Act were representatives from the ACLU and the Federal Defenders office.
In the same address, he noted: "Harmony, liberal intercourse with all nations, are recommended by policy, humanity, and interest." And he advised that "amicable feelings towards all [nations] should be cultivated." It was political entanglements of the kind advocated by the current administration (as well as by the Clinton and Bush administrations before it) that he was cautioning against.