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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
In these difficult economic times, however, one is hesitant to mar this festive occasion by asking a graduate the now politically incorrect question, "Do you have a job?" Nonetheless, throwing caution to the wind, I ventured to ask a former student of mine who graduated with honors recently about his employment prospects.
I recognize that in taking that position some would suggest that, in the name of progressive change, I am throwing caution to the wind. I also recognize that against the history of the savings and loan association mess, even a hint of throwing caution to the wind takes on special significance to the Congress and the American taxpayer.
Dave Gorman, throwing caution to the wind, and demonstrating his unique love of PowerPoint, proceeded to spend a good hour and a half presenting a manifesto.
Spokesman Chris Brown said: "While men are more up for having fun and throwing caution to the wind during vacations, their female counterparts keep a level head and consciously try to avoid accidents and illness."