CAUTIO. In the civil and French law.
Security given for the performance of any
thing; bail; a bond or undertaking by way
of surety. Also the person who becomes a
In Scotch law. A pledge, bond, or other
security for the performance of an obligation,
or completion of the satisfaction to be obtained
by a judicial process. Bell
CAUTION. In Scotch law, and in admiralty
law. Surety; security; bail; an undertaking
by way of surety. 6 Mod. 162.
CAUTION JURATORY. In Scotch
law. Security given by oath. That which
a suspender swears is the best he can afford
in order to obtain a suspension. Ersk. Fract.
4, 3, 6.
CAUTIONARY. In Scotch law. An
instrument in which a person binds himself
as surety for another.
CAUTIONER. In Scotch law. A surety;
a bondsman. One who binds himself in
a bond with the principal for greater security.
He is still a cautioner whether the bond
be to pay a debt, or whether he undertake to
produce the person of the party for whom he
is bound. Bell.
CAUTIONNEMENT. In French law.
The same as becoming surety in English law.