Page:The New International Encyclopædia 1st ed. v. 05.djvu/784

CUKTAL FRIAB. 676 CURTIS. CTJR'TAL FRI'AR. A term used by Sir ■'alter Scott in Iranhoc, to denote an irregular flerlv or "hedge-priest,' and applied by him to Jriar Tuck of Copmanburst. The phrase seems to denote a monk with his gown or frock short- ened (curtailed) for convenience of moving about. Consult: /l•on/^oc. chap, xxxii., and "Robin Hood and the Curtail Friar," in Child's Ballads, V. 273. CTJRTA'NA (Neo-Lat., from Lat. curt us, short ) . ( 1 ) The name given to the sword of Ogier the Dane. (2) The sword of Roland, the I5oint of which had been broken off in trying it. (3) A pointless sword, also known as 'the sword of Edward the Confessor,' carried before English kings at coronation and symbolizing mercy. CURTESY (OF. curteisle, cort'oisie, Fr. cowr- toisie, courtesy, from OF. curteis, cortois, Fr. ■courtois, courteous, from !ML. cortis, court, from Lat. eor.s, cohors, place inclosed: connected with ■Gk. x6p~°C> chortos, garden, Olr. gort, sedge, Goth, gards, Icel. garTpr, house, OHG. gart, circle, Ger. Garten, AS. gcard, Engl. yard). In law, the life interest which the surviving husband has in the real or heritable estate of the wife. It is rtmarkaljle that, both in England and Scotland, this customary right should be regarded as a national peculiarity — that in England it should be called the curtesy of England, and in Scotland ilie curtesy of Scotland — whereas it is well known to be peculiar tn neither of them. Traces of it are to be found in a constitution of the Emperor Constantine (code (i. 00, 1) ; and there can be no doubt that it had found a place, with all the peculiarities which now belong to it, in the eovtume of Normandy, whence there is every reason to think that it was transfen'ed to England (Barnage, vol. ii., p. 60; Stephen's Commentary, vol. i., p. 264: 'Eraser's Domestic Relations, o.i.. p. 63.5) . The four circumstances which are requi- site to make a tenancy by curtesy in England are lawful marriage, actual seizin of the wife, birtli of living issue, and the wife's death. It is not necessary, however, that the child survive; it is enough that it was once in existence, al- though it may have died immediately after its birth. Xot only must the estate of the wife be one of inheritance, i.e. a fee simple or a fee tail, in order that the husband shall be entitled to curtesy therein, but the child born must have been one capable of inheriting the estate in ques- tion. Thus if the estate were entailed on male issue, and a daughter were born, the husband's inchoate estate of curtesy would not become vested, or 'initiate.' as the phrase was. Accord- ingly it is said that curtesy is due to the sur- viving husband rather as the father of an heir than as the widower of an heiress. As soon as the estate becomes vested in the husband by tlie birth of appropriate issue, he may alienate his life interest in it, subject of course to the wife's rights therein during her life. If she die first the estate, notwithstanding the conveyance, is defeated. Originally curtesy attached, as dower still does in the United States, to all estates of inheritance of which the wife was seized at any time during the marriage. But it is now limited, both in this country and in England, to such lands as she is seized of at her death : and she may, by alienating the land during her lifetime or by last will and testament, defeat her hus- band's claims as tenant bv the curtesy. See Blackstone, Commentaries on tJie Laus of Eng- land; Pollock and Maitland, History of English Laic (Boston, 1809). CURTILAGE (OF. cortillage, curlillage, cur- lilagv, courtilhige, from courtil, cortil, curtil, courtyard, from Lat. cor.s, cohors, inclosed place). The inclosed space of ground and build- ings immediately surrounding or lying near a dwelling and used for its convenient occupation. The term is of feudal origin and originally meant a castle and outbuildings inclosed in a stone wall for defense. There is no exact limit to the area which may be included under the term, and it is a matter of proof in each ease as to what is set apart for the use of any particular dwelling. The law lias always given the curtilage greater protection than outside property, and this idea prevails to-day, as in most jurisdictions breaking and entering curtilage is burglary, and setting lire to any building in it constitutes arson. See Real Property, and consult the authorities there referred to. CUR'TIN, AxDKEW Gregg (1817-94). An American politician, famous as the 'war Gov- ernor" of Pennsylvania. He was born in Belle- fonte, Pa., studied law in Dickinson College, waa admitted to the bar in 1839, and soon became prominent, as a Republican, in State polities. He was appointed Secretary of State for Pennsyl- vania in 1854, and from 1800 to 1800 served as Governor of the St.ate. From 1809 to 1872 he was Minister to Russia, and after his return abandoned the Republican Party and served as a Democratic member of Congress from 1881 to 1887. During the Civil War he was always prompt in his response to President Lincoln's calls for troops, and by his minute care for the persons and families of the Pennsjlvania sol- diers, won their esteem and became widely known as "the soblier's friend.' CURTIN, Jeremiah (1840 — ). An Ameri- can linguist and translator, born in Milwaukee, Wis. He prepared for Harvard and by his own eflforts graduated there in 1863, as an excel- lent linguist. In the following year he went to Russia, where he remained until 1870 as sec- retary of legation for the L'nited States at Saint Petersburg. While serving in this capacity he made a careful study of the languages of the Slavic group, and it was the knowledge thus acquired which has enabled him to make his translations of works by Sienkiewicz. Zagoskin, and Alexis Tolstoy. From 1883 to 1891 he was connected with the Bureau of Ethnology of the Smithsonian Institution, and since that time has made independent researches in matters pertain- ing to the Xorth American Indians. Besides his translations, Curtin has written books dealing with folk-lore and mythology, and is said to be more or less familiar with more than sixty lan- guages. CUR'TIS, Benjamix RoBDixs (1809-74). An American jurist, bom in Watertown, Mass. He graduated at Harvard in 1829, was admitted to the Massachusetts bar in 1832, and soon became one of the foremost lawyers of the State. In 1851 he was appointed by President Fillmore to the United States Supreme Court, and in 1857 he dissented, in a powerful argument, from the opinion of the majority in the Dred Scott de- cision (q.v.). In the same year he resigned and resumed his practice in Boston. During the