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 surety. 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. Cantio fldejussoria. Security by means of bonds or pledges entered into by third parties. Du Cange. Cantio Muciana. Securitygiven by an heir or legatee, in order to obtain immediate possession of the inheritance or legacy, binding him and his surety for his observance of a condition annexed to the bequest, where the act which is the object of the condition is one which he must avoid committing during his whole life, e.g., that he will never marry, never leave the country, never engage in a particular trade, etc. See Mackeld. Rom. Law,