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P. 867 PACTA CONVENTA
P
P. An abbreviation for "page;" also for "Paschalis," (Easter term,) in the Year Books, and for numerous other words of which it is the initial.
P. C. An abbreviation for "Pleas of the Crown;" sometimes also for "Privy Coun­cil," "Parliamentary Cases," "Patent Cases," "Practice Cases," "Penal Code," or "Political Code."
P. H. V. An abbreviation for "pro hao vice," for this turn, for this purpose or occa­sion.
P. J. An abbreviation for "president" (or presiding) "judge," (or justice.)
P. It. An abbreviation for "Pamphlet Laws" or "Public Laws."
P. M. An abbreviation for "postmaster;" also for "post-meridian," afternoon.
P. O. An abbreviation of "public officer;" also of "post-offlce."
P. P. An abbreviation for "propria per~ sona," in his proper person, in his own per­son.
P. S. An abbreviation for "Public Stat­utes ;" also for "postscript"
PAAGE. In old English law. A toll for passage through another's land. The same as "pedage."
PACARE. L. Lat To pay.
PACATIO. Payment Mat Par. A. D. 1248.
PACE. A measure of length containing two feet and a half, being the ordinary length of a step.
PACEATUR. Lat Let him be freed or discharged.
Paci sunt mazime eontraria vis et in­juria. Co. Litt 161. Violence and injury are the things chiefly hostile to peace.
PACIFICATION. The act of making peace between two hostile or belligerent states; re-establishment of public tranquility.
PACK. To put together in sorts with a fraudulent design. To pack a jury is to use unlawful, improper, or deceitful means to have the jury made up of persons favorably disposed to the party so contriving, or who have been or can be improperly influenced to give the verdict he seeks. The term imports the improper and corrupt selection of a jury
sworn and impaneled for the trial of a cause. Mix v. Woodward, 12 Conn. 289.
PACK OF WOOL. A horse load, which consists of seventeen stone and two pounds, or two hundred and forty pounds weight Fleta, 1. 2, c. 12; Cowell.
PACKAGE. A package means a bundle put up for transportation or commercial handling; a thing in form to become, as such, an article of merchandise or delivery from hand to hand. A parcel is a small package; "parcel" being the diminutive of "package." Each of the words denotes a thing in form suitable for transportation or handling, or sale from hand to hand. U. S. v. Goldback, 1 Hughes, 529, Fed. Cas. No. 15,222; Haley v. State, 42 Neb. 556, 60 N. W. 962, 47 Am. St Rep. 718; State v. Par­sons, 124 Mo. 436, 27 S. W. 1102, 46 Am. St Rep. 457.
"Package," in old English law, signifies one of various duties charged in the port of London on the goods imported and exported by aliens, or by denizens the sons of aliens. Tomlins. —Original package. See Original
PACKED PARCELS. The name for a consignment of goods, consisting of one large parcel made up of several small ones, (each bearing a different address,) collected from different persons by the immediate consign­or, (a carrier,) who unites them into one for his own profit, at the expense of the railway by which they are sent since the railway company would have been paid more for the carriage of the parcels singly than together. Wharton.
PACT. A bargain; compact; agreement. This word Is used in writings on Roman law and on general jurisprudence as the English form of the Latin "pactum," (which see.)
—Nude pact. A translation of the Latin "nudum pactum" a bare or naked pact, that is, a promise or agreement made without any consideration on the other side, which is there­fore not enforceable.—Pact de non alienan-do. An agreement not to alienate incumbered (particularly mortgaged) property. This stipu­lation, sometimes found in mortgages made in Louisiana, and derived from the Spanish law, binds the mortgagor not to sell or incumber the mortgaged premises to the prejudice of the mortgagee; it does not avoid a sale made to a third person, but enables the mortgagee to pro­ceed directly against the mortgaged property in a proceeding against the mortgagor alone and without notice to the purchaser. See Dodds v. Lanaux, 45 La. Ana. 287, 12 South. 345.
Paota oonventa quae neque contra leges neque dolo malo inita sunt omni modo observanda sunt. Agreements which are not contrary to the laws nor entered in-

PACTA DANT LEGEM 868
PAIRING-OFF

to with a fraudulent design are in all re­spects to be observed. Cod. 2, 3, 39; Broom, Max. 698, 732.
Pacta dant legem contractu!. Hob. 118. The stipulations of parties constitute the law of the contract.
Pacta privata juri publico derogare non possiint. 7 Coke, 23. Private com­pacts cannot derogate from public right
Pacta quae contra leges constitutio-nesque, vel contra bonos mores fiunt, nullam vim habere, indubitati juris est.
That contracts which are made against law or against good morals have no force is a principle of undoubted law. Cod. 2, 3, 6.
Pacta quae tnrpem cansam continent non sunt observanda. Agreements found­ed upon an immoral consideration are not to be observed. Dig. 2, 14, 27, 4; Broom, Max. 732.
PACTIO. Lat. In the civil law. A bargaining or agreeing of which pactum (the agreement itself) was the result. Calvin. It is used, however, as the synonym of "pactum."
PACTIONAL. Relating to or generating an agreement; by way of bargain or cove­nant.
PACTIONS. In international law. Con­tracts between nations which are to be per­formed by a -single act, and of which execu­tion is at an end at once. 1 Bouv. Inst. no. 100.
Pactis privatorum juri publico non derogatur. Private contracts do not dero­gate from public law. Broom, Max. 695
FACTITIOUS. Settled by covenant
Pacto aliquod licitum est, quod sine pacto non admittitur. Co. Litt 166. By special agreement things are allowed which are not otherwise permitted.
PACTUM. Lat In the civil law. A
pact. An agreement or convention without specific name, and without consideration, which, however, might, in its nature, pro­duce a civil obligation. Heinecc Elem. lib. 3, tit. 14, S 775.
In Roman law. With some exceptions, those agreements that the law does not di­rectly enforce, but which it recognizes only as a valid ground of defense, were called "pacta." Those agreements that are en­forced, in other words, are supported by ac­tions, are called "contractus." The excep­tions are few, and belong to a late period. Hunter, Rom. Law, 546.
—Nudum pactum. A bare or naked pact or agreement; a promise or undertaking made
without any consideration for it, and therefore not enforceable.—Pactum constitutes pe­cuniae. In the civil law. An, agreement by which a person appointed to his creditor a cer­tain day or a certain time at which he promised to pay; or an agreement by which a person promises to pay a creditor. Wharton.—Pac­tum de non alienando. A pact or agreement binding the owner of property not to alienate it, intended to protect the interests of another; particularly an agreement by the mortgage* of real estate that he will not transfer the title to a third person until after satisfaction of the mortgage. See Mackeld. Rom. Law, § 461.— Pactum de non petendo. In the civil law. An agreement not to sue. A simple conven­tion whereby a creditor promises the debtor that he will not enforce his claim. Mackeld. Rom. Law, § 542.—Pactum de quota litis. In the civil law. An agreement by which a creditor promised to pay a portion of a debt difficult to recover to a person who undertook to recover it. Wharton.
PADDER. A robber; a foot highway­man; a foot-pad.
PADDOCK. A small inclosure for deer or other animals.
PAGA. In Spanish law. Payment Las Partidas, pt 5, tit. 14, L 1. Pagamento, sat­isfaction.
PAGARCHUS. A petty magistrate of & pagus or little district in the country.
PAGODA. A gold or silver coin, of sev­eral kinds and values, formerly current in India. It was valued, at the United States custom-house, at $1.94.
PAGUS. A county. Jacob.
PAINE FORTE ET DURE. See PEINl
FOBTE ET DURE.
PAINS AND PENALTIES, BILLS OF.
The name given to acts of parliament to at­taint particular persons of treason or felony, or to inflict pains and penalties beyond or contrary to the common law, to serve a spe­cial purpose. They are in fact new laws, made pro re nata.
PAINTINGS. It is held that colored Imitations of rugs and carpets and colored working designs, each of them valuable and designed by skilled persons and hand paint­ed, but having no value as works of art, are not "paintings," within the meaning of that term as used in a statute on the liability of carriers. 3 Ex. Div. 121.
PAIRING-OFF. In the practice of leg* islative bodies, this is the name given to a species of negative proxies, by which tw© members, who belong to opposite parties or are on opposite sides with regard to a given question, mutually agree that they will both be absent from voting, either for a specified period or when a division is had on the par­ticular question. By this mutual agreement a vote is neutralized on each side of the

PAIS
869
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question, and the relative numbers on the division are precisely the same as if both members were present. May, Pari. Pr. 370.
PAIS, PAYS. Fr. The country; the neighborhood. A trial per pais signifies a trial by the country; that is, by jury. An assurance by matter in pais is an assurance transacted between two or more private per­sons "in the country;" that is, upon the very spot to be transferred. Matter in pais signifies matter of fact, probably because matters of fact are triable by the country; i. e., by jury; estoppels in pais are estoppels by conduct, as distinguished from estoppels by deed or by record.
PAIS, CONVEYANCES IN. Ordinary conveyances between two or more persons in the country; i. e., upon the land to be trans­ferred.
PALACE COURT. A court formerly ex­isting in England. It was created by Charles I., and abolished in 1849. It was held in the borough of Southwark, and had jurisdic­tion of all personal actions arising within twelve miles of the royal palace of White­hall, exclusive of London.
PAXAGIUM. A duty to lords of manors for exporting and importing vessels of wine at any of their ports. Jacob.
FAIiAM. Lat In the civil law. Open­ly; in the presence of many. Dig. 50, 16, 53.
PALATINE. Possessing royal privileges. See County Paxatine.
PALATINE COURTS formerly were the court of common pleas at Lancaster, the chancery court of Lancaster, and the court of pleas at Durham, the second of which alone now exists. (See the respective titles.) Sweet.
PAIiATIUM. Lat A palace. The em­peror's house in Rome was so called from the Mons Palatinus on which it was built. Adams, Rom. Ant 613.
PALFRIDUS. A palfrey; a horse to travel on.
PALINGMAN. In old English law. A merchant denizen; one born within the Eng­lish pale. Blount.
PALLIO COOPERIRE. In old English law. An ancient custom, where children were born out of wedlock, and their parents afterwards intermarried. The children, to­gether with the father and mother, stood un­der a cloth extended while the marriage was solemnized. It was in the nature of adoption. The children were legitimate by
the civil, but not by the common, law. Jacob.
PALMER ACT. A name given to the English statute 19 & 20 Vict c. 16, enabling a person accused of a crime committed out of the jurisdiction of the central criminal court, to be tried in that court
PAMPHLET. A small book, bound in paper covers, usually printed in the octavo form, and stitched. See U. S. v. Chase, 135 U. S. 255, 10 Sup. Ct. 756, 34 L. Ed. 117.
PAMPHLET LAWS. The name given in Pennsylvania to the publication, in pam­phlet or book form, containing the acts pass­ed by the state legislature at each of its biennial sessions.
PANDECTS. A compilation of Roman law, consisting of selected passages from the writings of the most authoritative of the older jurists, methodically arranged, pre­pared by Tribonlan with the assistance of sixteen associates, under a commission from the emperor Justinian. This work, which is otherwise called the "Digest," comprises fif­ty books, and is one of the four great works composing the Corpus Juris Civilis. It was first published in A. D. 533.
FANDOXATOR. In old records. A brewer.
PANDOXATRIX. An ale-wife; a wo­man that both brewed and sold ale and beer.
PANEL. The roll or slip of parchment returned by the sheriff in obedience to a ve­nire facias, containing the names of the per­sons whom he has summoned to attend the court as jurymen. Beasley v. People, 89 111. 571; People v. Coyodo, 40 Cal. 592.
The panel is a list of jurors returned by a sheriff, to serve at a particular court or for the trial of a particular action. Pen. Code Cal. § 1057.
The word is also used to denote the whole body of persons summoned as jurors for a particular term of court
In Scotch law. The prisoner at the bar, or person who takes his trial before the court of justiciary for any crime. This name is given to him after his appearance. Bell.
PANIER, in the parlance of the English bar societies, is an attendant or domestic who waits at table and gives bread, (pants,) wine, and other necessary things to those who are dining. The phrase was in fami­liar use among the knights templar, and from them has been handed down to the learned societies of the inner and middle temples, who at the present day occupy the halls and buildings once belonging to that distinguished order, and who have retained a few of their customs and phrases. Brown.

PANI8
870
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PAN1S. Lat In old English law. Bread; loaf; a loaf. Fleta, lib. 2, c. 9.
PANNAGE. A common of pannage Is the right of feeding swine on mast and acorns at certain seasons in a commonable wood or forest. Elton, Commons, 25; Wil­liams, Common, 168.
Pannagium est pastus porcorum, In nemoribus et in silvis, ut puta, de glan-dibns, etc. 1 Bulst 7. A pannagium is a pasture of hogs, in woods and forests, upon acorns, and so forth.
PANNEXATION. The act of impanel­ing a jury.
PANTOMIME. A dramatic performance in which gestures take the place of words. See 3 C. B. 871.
PAPER. A written or printed document or instrument A document filed or intro­duced in evidence in a suit at law, as, in the phrase "papers In the case" and in "pa­pers on appeal." Any writing or printed document, including letters, memoranda, le­gal or business documents, and books of account, as in the constitutional provision which protects the people from unreason­able searches and seizures in respect to their "papers" as well as their houses and per­sons. A written or printed evidence of debt particularly a promissory note or a bill of exchange, as in the phrases "accommoda­tion paper" and "commercial paper."
In English practice. The list of causes or cases intended for argument, called "the paper of causes." 1 Tidd, Pr. 504.
—Accommodation paper. See that title-Commercial paper. See Commercial.—Pa-Ser blockade. 'See Blockade.—Paper ook. In practice. A printed collection or abstract in methodical order, of the pleadings, evidence, exhibits, and proceedings in a cause, or whatever else may be necessary to a full understanding of it, prepared for the use of the judges upon a hearing or argument on ap-
!>eal. Copies of the proceedings on an issue in aw or demurrer, of cases, and of the proceedings ? on error, prepared for the use of the judges, and delivered to them previous to bringing the cause to argument. 3 Bl. Comm, 317; Archb. New Pr. 353; 5 Man. & G. 98. In proceedings on ap­peal or error in a criminal case, copies of the proceedings with a note of the points intended to be argued, delivered to the judges by the par­ties before the argument Archb. Crim. PI. 205; Sweet.—Paper credit. Credit given on the security of any written obligation purport­ing to represent property.—Paper days. In English law. Certain days in term-time appoint­ed by the courts for hearings or arguments in the cases set down in the various special papers. —Paper money. Bills drawn by a govern­ment against its own credit, engaging to pay money, but which do not profess to be immedi­ately convertible into specie, and which are put into compulsory circulation as a substitute for coined money.—Paper office. In English law. Afl ancient office in the palace of Whitehall, wjiere all the public writings, matters of state and council, proclamations, letters, intelligen­ces, negotiations of the queen's ministers abroad,
and generally all the papers and dispatches that pass through the offices of the secretaries of state, are deposited. Also an office or room in the court of queen's bench where the rec­ords belonging to that court are deposited; sometimes called "paper-mill." Wharton.—Pa­per title. See Title.
PAPIST. One who adheres to the com­munion of the Church of Rome. The word seems to be considered by the Roman Catho­lics themselves as a nickname of reproach, originating In their maintaining the supreme ecclesiastical power of the pope. Wharton.
PAR. In commercial law. Equal; equal­ity. An equality subsisting between the nominal or face value of a bill of exchange, share of stock, etc., and its actual selling value. When the values are thus equal, the instrument or share is said to be "at par;" if it can be sold for more than its nominal worth, it is "above par;" if for less, it is "below par." Ft. Edward V. Fish, 156 N. Y. 363, 50 N. E. 973; Evans v. Tillman, 38 S. C. 238, 17 S. E. 49.
—Par of exchange. In mercantile law. The precise equality or equivalency of any given sum or quantity of money in the coin of one country, and the like sum or quantity of money in the coin of any other, foreign country into which it is to be exchanged, supposing the mon­ey of such country to be of the precise weight and purity fixed by the mint standard of the respective countries. Story, Bills, § 30. Mur­phy v. Kastner, 50 N. J. Eq. 220, 24 Atl. 564; Blue Star S. S. Co. v. Keyser (D. C.) 81 Fed. 510. The par of the currencies of any two countries means the equivalence of a certain amount of the currency of the one in the cur­rency of the other, supposing the currency of both to be of the precise weight and purity fix­ed by their respective mints. The exchange be­tween the two countries is said to be at par when bills are negotiated on this footing; ?. e., when a bill for £100 drawn, on London sells in Paris for 2,520 frs., and vice versa, Bowen, Pol. Econ. 284.
PAR. Lat. Equal.
—Par delictum. Equal guilt. "This is not a case of par delictum. It is oppression on one side and submission on the other. It never earn be predicated as par delictum when one holds the rod and the other bows to it." 6 Maule & S. 165.—Par oneri. Equal to the burden or charge; equal to the detriment or damage.
Par in parent imperinm non habet.
Jenk. Cent 174. An equal has no dominion over an equal.
PARACHRONISM. Error In the com­putation of time.
PARACIUM. The tenure between par­ceners, viz., that which the youngest owes to the eldest without homage or service. Domesday.
PARAGE, or PARAGIUM. An equal­ity of blood or dignity, but more especially of land, in the partition of an inheritance between co-heirs; more properly, however, an equality of condition among nobles, or

PARAGRAPH
871
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persons holding by a noble tenure. Thus, when a fief is divided among brothers, the younger hold their part of the elder by par­age; i. e„ without any homage or service. Also the portion which a woman may obtain on her marriage. Cowell.
PARAGRAPH. A part or section of a statute, pleading, affidavit, etc., which con­tains one article, the sense of which is com­plete. McClellan v. Hein, 56 Neb. 600, 77 N. W. 120; Hill v. Fairhaven & W. R. Co., 75 Conn. 177, 52 Atl. 725; Marine v. Pack-ham, 52 Fed. 579, 3 C. C. A. 210; Bailey v. Mosher, 63 Fed. 488, 11 C. C. A. 304.
PARALLEL. For two lines of street railway to be "parallel," within the meaning of a statute, it may not be necessary that the two lines should be parallel for the whole length of each or either route. Ex­act parallelism is not contemplated. Cron-in v. Highland St. Ry. Co., 144 Mass. 254, 10 N. E. 833. And see East St. Louis Con­necting Ry. Co. v. Jarvis, 92 Fed. 735, 34 C. C. A. 639; Louisville & N. R. Co. v. Ken­tucky, 161 U. S. 677, 16 Sup. Ct 714, 40 L. Ed. 849.
PARAMOUNT. Above; upwards. That which is superior; usually applied to the highest lord of the fee of lands, tenements, or hereditaments, as distinguished from the mesne (or intermediate) lord. Fitzh. Nat. Brev. 135.
In the law of real property, the term "paramount title" properly denotes one which is superior to the title with which it Is compared, in the sense that the former is the source or origin of the latter. It is, however, frequently used to denote a title which is simply better or stronger than an­other, or will prevail over It. But this use is scarcely correct, unless the superiority consists In the seniority of the title spoken of as "paramount" See Hoopes v. Meyer, 1 Nev. 444.
—Paramount equity. An equitable right or claim which is prior, superior, or preferable to that with which it is compared.
PAEAPHERNA. In the civil law. Goods brought by wife to husband over and above her dowry.
PARAPHERNAL PROPERTY. See
Pabaphkbnaija.
PARAPHERNALIA. In the civil law.
The separate property of a married woman, other than that which is included in her dowry, or dos.
The separate property of the wife is di­vided Into dotal and extradotal. Dotal prop­erty Is that which the wife brings to the husband to assist him in bearing the ex­penses of the marriage establishment. Ex­tradotal property, otherwise called "para-
phernal property," Is that which forms no part of the dowry. Civ. Code La. art. 2335. The wife's paraphernalia shall not be sub­ject to the debts or contracts of the hus­band, and shall consist of the apparel of her­self and her children, her watch, and orna­ments suitable to her condition in life, and all such articles of personalty as have been given to her for her own use and comfort Code Ga. 1882, J 1773.
In English law. Those goods which a woman is allowed to have, after the death of her husband, oesides her dower, consist­ing of her apparel and ornaments, suitable to her rank and degree. 2 Bl. Comm. 436.
PARAPHERNAUX, BIENS. Fr. In
French law. All the wife's property which is not subject to the regime dotal Is called by this name; and of these articles the wife has the entire administration; but she may allow the husband to enjoy them, and in that case he is not liable to account. Brown.
PARASCEVE. The sixth day of the last week in Lent particularly called "Good Friday." In English law, it Is a dies non ju-ridicus.
PARASYNEXIS. In the civil law. A conventicle, or unlawful meeting.
PARATITLA. In the civil law. Notes or abstracts prefixed to titles of law, giving a summary of their contents. Cod. 1, 17, 1 12.
PARATUM HABEO. Lat. I have him In readiness. The return by the sheriff to a capias ad respondendum, signifying that he has the defendant in readiness to be brought into court
PARATUS EST VERIFICARE. Lat
He is ready to verify. The Latin form for concluding a pleading with a verification, <Q. v.)
PARAVAIL. Inferior; subordinate. Tenant paravail signified the lowest tenant of land, being the tenant of a mesne lord. He was so called because he was supposed to make "avail" or profit of the land for an­other. Cowell; 2 Bl. Oomm. 60.
PARCEL. In the law of real property parcel signifies a part or portion of land. As used of chattels, it signifies a small package or bundle. See State v. Jordan, 36 Fla. 1, 17 South. 742; Miller v. Burke, 6 Daly (N. Y.) 174; Johnson v. Sirret 153 N. Y. 51, 46 N. B. 1035.
—Parcel makers. Two officers in the ex­chequer who formerly made the parcels or items of the escheators' accounts, wherein they charg­ed them with everything they had levied for the king during the term of their office. Cowell.— Parcels. A description of property, formerly set forth in a conveyance, together with the

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872
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boundaries thereof, in order to its easy identi­fication.—Parcels, bill of. An account of the items composing a parcel or package of goods, transmitted with them to the purchaser.
PARCELLA TERRJ!. A parcel of land.
PARCENARY. The state or condition of holding title to lands jointly by parceners or co-parceners, before a division of the joint estate.
PARCENER. A joint heir; one who, with others, holds an estate in co-parcenary, (Q- v.)
PARCHMENT. Sheep-skins dressed for writing, so called from Pergamm, Asia Min­or, where they were invented. Used for deeds, and used for writs of summons in England previous to the judicature act, 1875. Wharton.
PARCO FRACTO. Pound-breach; also the name of an old English writ against one chargeable with pound-breach.
PARCUS. A park, (g. v.) A pound for stray cattle. Spelman.
PARDON. An act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has com­mitted. U. S. v. Wilson, 7 Pet. 160, 8 L. Ed. 640; Ex parte Garland, 4 Wall. 380, 18 L. Ed. 366; Moore v. State, 43 N. J. Law, 241, 39 Am. Rep. 558; Rich v. Chamberlain, 104 Mich. 436, 62 N. W. 584, 27 L. R. A. 573; Edwards v. Com., 78 Va. 39, 49 Am. Rep. 377.
"Pardon" is to be distinguished from "amnes­ty." The former applies only to the individual, releases him from the punishment fixed by law for his specific offense, but does not affect the criminality of the same or similar acts when performed by other persons or repeated by the same person. The latter term denotes an act of grace, extended by the government to all per­sons who may come within its terms, and which obliterates the criminality of past acts done, and declares that they shall not be treated as pun­ishable.
—Conditional pardon. A conditional pardon is one granted on the condition that it shall only endure until the voluntary doing of some act by the person pardoned, or that it shall be revoked by a subsequent act on his part, as, that he shall leave the state and never return. Ex parte Janes, 1 Nev. 319; State v. Wolfer, 53 Minn. 135, 54 N. W. 1065, 19 L. R. A. 783, 39 Am. St. Rep. 582; State v. Barnes, 32 S. C. 14, 10 S. E. 611, 6 L. R. A. 743, 17 Am. St. Rep. 832; People v. Burns, 77 Hun, 92, 28 N. Y. Supp. 300.—General pardon. One granted to all the persons participating in a given criminal or treasonable offense (general­ly political), or to all offenders of a given class or against a certain statute or within certain limits of time. But "amnesty" is the more appropriate term for this.
PARDONERS. In old English law. Per­sons who carried about the pope's indul-
gences, and sold tljem to any who would buy them.
PARENS. Lat In Roman law. A par­ent ; originally and properly only the father or mother of the person spoken of; but also, by an extension of its meaning, any relative, male or female, in the line of direct ascent.
—Parens patriae. Parent of the country. In England, the king. In the United States, the state, as a sovereign, is the parent patriae.
"Parens" est nomen generale ad omne genns cognationis. Co. Litt 80. "Parent" is a name general for every kind of rela­tionship.
PARENT. The lawful father or the mother of a person. Appeal of Gibson, 154 Mass. 378, 28 N. E. 296. This word is dis­tinguished from "ancestors" in including only the immediate progenitors of the per­son, while the latter embraces his more re­mote relatives in the ascending line.
PARENTEIjA, or de parentela se tollere, in old English law, signified'a renunciation of one's kindred,and family. This was, ac­cording to ancient custom, done in open court, before the judge, and in the presence of twelve men, who made oath that they believed it was done for a just cause. We read of it in the laws of Henry I. After such abjuration, the person was incapable of inheriting anything from any of his re­lations, etc. Enc. Lond.
PARENTHESIS. Part of a sentence occurring in the middle thereof, and inclosed between marks like ( ), the omission of which part would not injure the grammatical construction of the rest of the sentence. Wharton; In re Schilling, 53 Fed. 81, 3 a a A. 440.
PARENTICIDE. One who murders a parent; also the crime so committed.
Parentum est liberos alere etiam no-thos. It is the duty of parents to support their children even when illegitimate. Lofft, 222.
PARERGON. One work executed in the Intervals of another; a subordinate task. Particularly, the name of a work on the Canons, in great repute, by Ayliffe.
PARES. Lat A person's peers or equals; as the jury for the trial of causes, who were originally the vassals or tenants of the lord, being the equals or peers of the parties litigant; and, as the lord's vas­sals judged each other in the lord's courts, so the sovereign's vassals, or the lords them­selves, judged each other in the sovereign'^ courts. 3 Bl. Comm. 349.
—?Pares curiae. Peers of the court. Vassals who were bound to attend the lord's court.— Pares regni. Peers of the realm. Spelman.

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PARESIS. In medical jurisprudence. Progressive general paralysis, involving or leading to the form of insanity known as "dementia paralytica." Popularly, but not very correctly, called "softening of the brain." See Insanity.
PARI CAUSA. Lat. With equal right; upon an equal footing; equivalent in rights or claims.
PARI DELICTO. Lat In equal fault See In Pabi Delicto.
PARI MATERIA. Lat. Of the same matter; on the same subject; as, laws pari materia must be construed with reference to each other. Bac. Abr. "Statute," I, 3.
PARI PASSU. Lat. By an equal prog­ress; equably; ratably; without preference. Coote, Mortg. 56.
PARI RATIONE. Lat. For the like reason; by like mode of reasoning.
Paria oopulantur paribus. Like things unite with like. Bac. Max.
Paribus sententiis reus absolvitor.
Where the opinions are equal, [where the court is equally divided,] the defendant is acquitted. 4 Inst. 64.
PARIENTES. In Spanish law. Rela­tions. White, New Recop. b. 1, tit 7, c. 5, § 2.
PARIES. Lat Id the civil law. A wall. Paries est, sive murus, sive maceria est. Dig. 50, 16, 157.
—Paries communis. A common wall; a party-wall. Dig. 29, 2, 39.
PARIS, DECLARATION OF. See
Declaration.
PARISH. In English law. A circuit of ground, committed to the charge of one parson or vicar, or other minister having cure of souls therein. 1 Bl. Comm. 111. Wilson v. State, 34 Ohio St. 199. The pre­cinct of a parish church, and the particular charge of a secular priest Cowell. An ec­clesiastical division of a town or district, subject to the ministry of one pastor. Brande.
In New England. A corporation estab­lished for the maintenance of public wor­ship, which may be coterminous with a town, or include only part of it
A precinct or parish is a corporation estab­lished solely for the purpose of maintaining public worship, and its powers are limited to that object. It may raise money for building and keeping in repair its meeting-house and sup­porting its minister, but for no other purpose. A town, is a civil and political corporation, es­tablished for municipal purposes. They may
both subsist together in the same territory, and be composed of the same persons. Milford v. Godfrey, 1 Pick. (Mass.) 91.
In Louisiana. A teiTitorial division of the state corresponding to what is elsewhere called a "county." See Sherman v. Parish of Vermillion, 51 La. Ann. 880, 25 South. 538; Attorney General v. Detroit Common Council, 112 Mich. 148, 70 N. W. 450, 37 L. R. A. 211.
—Parish apprentice. In English law. The children of parents unable to maintain them may, by law, be apprenticed, by the guardians or overseers of their parish, to such persons as may be willing to receive them as apprentices. Such children are called "parish apprentices." 2 Steph. Comm. 230.—Parish church. This expression has various significations. It is ap­plied sometimes to a select body of Christians, forming a local spiritual association, and some­times to the building in which the public wor­ship of the inhabitants of a parish is celebrat­ed ; but the true legal notion of a parochial church is a consecrated place, having attached to it the rights of burial and the administration of the sacraments. Story, J., Pawlet v. Clark, 9 Cranch, 326, 3 L. Ed. 735.—Parish clerk. In English law. An officer, in former times often in holy orders, and appointed to officiate at the altar; now his duty consists chiefly in making responses in church to the minister. By common, law he has a freehold in his office, but it seems now to be falling into desuetude. 2 Steph. Comm. 700; Mozley & Whitley.—Par­ish constable. A petty constable exercising his functions within a given parish. Mozley & Whitley.—Parish court. The name of a court established in each parish in Louisiana, and cor­responding to the county courts or common pleas courts in the other states. It has a limited civil jurisdiction, besides general probate powers.— Parish officers. Church-wardens, overseers, and constables.—Parish priest. In English law. The parson ; a minister who holds a par­ish as a benefice. If the predial tithes are ap­propriated, he is called "rector;" if impropriat­ed, "vicar." Wharton.
PARISHIONERS. Members of a parish. In England, for many purposes they form a body politic.
PARITOR. A beadle; a summoner to the courts of civil law.
Parinm eadem est ratio, idem jus. Of
things equal, the reason is the same, and the same is the law.
PARIUM JUDICIUM. The judgment of peers; trial by a jury of one's peers or equals.
PARK. In English law. A tract of inclosed ground privileged for keeping wild beasts of the chase, particularly deer; an inclosed chase extending only over a man's own grounds. 2 Bl. Comm. 38.
In American law. An inclosed pleas­ure-ground in or near a city, set apart for the recreation of the public Riverside v. MacLain, 210 111. 308, 71 N. E. 408, 66 L. R, A. 288, 102 Am. St Rep. 164; People v. Green, 52 How. Prac. (N. Y.) 440; Archer r. Salinas City, 93 Cal. 43, 28 Pac. 839, 16

PARK-BOTE
874
PARRIOIDIDM

L. R. A. 145; Ehmen v. Gothenburg, 50 Neb. 715, 70 N. W. 237.
PARK-BOTE. To be quit of inclosing a park or any part thereof.
PARKER. A park-keeper.
PARKING. In municipal law and ad­ministration. A strip of land, lying either in the middle of the street or in the space between the building line and the sidewalk, or between the sidewalk and the driveway, Intended to be kept as a park-like space, that is, not built upon, but beautified with turf, trees, flower-beds, etc. See Downing v. Des Moines, 124 Iowa, 289, 99 N. W. 1066.
PARLE HILL, or PARLING HILL. A
hill where courts were anciently held. Cow-ell.
PARLIAMENT. The supreme legisla­tive assembly of Great Britain and Ireland, consisting of the king or queen and the three estates of the realm, viz., the lords spiritual, the lords temporal, and the commons. 1 Bl. Comm. 153.
—High court of parliament. In English law. The English parliament, as composed of the house of peers and house of commons; or the house of lords sitting in its judicial capacity.
PARLIAMENTARY. Relating or be­longing to, connected with, enacted by or proceeding from, or characteristic of, the English parliament in particular, or any legislative body in general.
—Parliamentary agents. Persons who act as solicitors in promoting and carrying private bills through parliament. They are usually at­torneys or solicitors, but they do not usually confine their practice to this particular depart­ment. Brown.—Parliamentary committee. A committee of members of the house of peers or of the house of commons, appointed by ei­ther house for the purpose of making inquiries, by the examination of witnesses or otherwise, into matters which could not be conveniently inquired into by the whole house. Wharton.— Parliamentary law. The general body of enacted rules and recognized usages which gov­erns the procedure of legislative assemblies and other deliberative bodies.—Parliamentary taxes. See Tax.
PARLIAMENTUM. L. Lat A legisla­tive body in general or the English par­liament in particular.
—Parliamentnm diabolicnm. A parlia­ment held at Coventry, 38 Hen. VI., wherein Edward, Earl of March, (afterwards King Ed­ward IV.,) and many of the chief nobility were attainted, was so called; but the acts then made were annulled by the succeeding parlia­ment. Jacob. — Parliamentnm indoctnm. Unlearned or lack-learning parliament. A name given to a parliament held at Coventry in the sixth year of Henry IV. under an ordinance requiring that no lawyer should be chosen knight, citizen, or burgess; "by reason where­of," says Sir Edward Coke, this parliament was fruitless, and never a good law made there­at" 4 Inst. 48; 1 Bl. Comm. 177.—Parlia­mentnm insannm. A parliament assembled
at Oxford, 41 Hen. III., so styled from the madness of their proceedings, and-because tfc* lords came with armed men to it, and conten­tions grew very high between the king, lords, and commons, whereby many extraordinary things were done. Jacob.—Parliamentnm re-ligiosornm. In most convents there has been a common room into which the brethren with-, drew for conversation; conferences there being termed "parliamentum." Likewise, the societies of the two temples, or inns of court, call that assembly of the benchers or governors wherein they confer upon the common affairs of their several houses a "parliament" Jacob.
Parochia est locns qno degit popnlns alicnjns ecclesise. 5 Coke, 67. A parish is a place in which the population of a cer­tain church resides.
PAROCHIAL. Relating or belonging to a parish.
—Parochial chapels. In English law. Plac­es of public worship in which the rites of sac­rament and sepulture are performed.
PAROL. A word; speech ; hence, oral or verbal; expressed or evidenced by speech only; not expressed by writing; Dot ex­pressed by sealed instrument.
The pleadings in an action are also, In old law French, denominated the "parol," because they were formerly actual viva voce pleadings in court, and not mere written allegations, as at present. Brown.
As to parol "Agreement," "Arrest," "De­murrer," "Evidence," "Lease," and "Prom­ise," see those titles.
PAROLE. In military law. A promise given by a prisoner of war, when he has leave to depart from custody, that he will return at the time appointed, unless dis­charged. Webster.
An engagement by a prisoner of war, upon being set at liberty, that he will not again take up arms against the government by whose forces he was captured, either for a limited period or while hostilities continue.
PAROLS DE LEY. L. Fr. Words of law; technical words.
Parols font plea. Words make the plea. 5 Mod. 458.
PARQUET. In French law. 1. The magistrates who are charged with the con­duct of proceedings in criminal cases and misdemeanors.
2. That part of the bourse which is re­served for stock-brokers.
PARRICIDE. The crime of killing one's father; also a person guilty of killing his father.
PARRICIDIUM. Lat In the civil law. Parricide; the murder of a parent Dig, 48, 9, 9.

PARS
876
PARTICULAR

PARS. Lat A part; a party to a deed, action, or legal proceeding.
—Pars enitia. In old English law. The priv­ilege or portion of the eldest daughter in the partition of lands by lot.—Pars gravata. In old practice. A party aggrieved; the party ag­grieved. Hardr. 50; 3 Leon. 237.—Par» pro toto. Part for the whole; the name of a part used to represent the whole; as the roof for the house, ten spears for ten armed men, etc. —Pars rationabili*. That part of a man's goods which the law gave to his widow and chil­dren. 2 Bl. Comm. 492.—Pars rea. A party defendant. St. Marlbr. c. 13.—Pars viscerum matris. Part of the bowels of the mother; i. e., an unborn child.
PARSON. The rector of a church; one that has full possession of all the rights of a parochial church. The appellation of "par­son," however It may be depreciated by familiar, clownish, and Indiscriminate use, is the most legal, most beneficial, and most honorable title that a parish priest can en­joy, because such a one, Sir Edward Coke observes, and he only, is said vicem sen per­sonam ecclesice gerere, (to represent and bear the person of the church.) 1 Bl. Comm. 384.
—Parson imparsonee. In English law. A clerk or parson in full possession of a benefice. .Cowell.—Parson mortal. A rector instituted and inducted for his own life. But any collegi­ate or conventional body, to whom a church was forever appropriated, was termed "persona immortalis." Wharton.
PARSONAGE. A certain portion of lands, tithes, and offerings, established by law, for the maintenance of the minister who has the cure of souls. Tomlins.
The word Is more generally used for the house set apart for the residence of the minister. Mozley & Whitley. See Wells' Estate v. Congregational Church, 63 Vt. 116, 21 Atl. 270; Everett v. First Presbyterian Church, 53 N. J. Eq. 500, 32 Atl. 747; Reeves v. Reeves, 5 Lea (Tenn.) 644.
PART. A portion, share, or purpart One of two duplicate originals of a convey­ance or covenant, the other being called "counterpart." Also, in composition, partial or incomplete; as part payment, part per­formance. Cairo v. Bross, 9 111. App. 406.
—Part and pertinent. In the Scotch law of conveyancing. Formal words equivalent to the English "appurtenances." Bell.
As to part "Owner," "Payment," and "Per­formance," see those titles.
PARTAGE. In French law. A division made between co-proprietors of a particular estate held by them in common. It Is the operation by means of which the goods of a succession are divided among the co-heirs; while licitation (q. v.) is an adjudication to the highest bidder of objects which are not divisible. Duverger.
PARTE INAUDITA. Lat. One side be­ing unheard. Spoken of any action which is taken ex parte.
PARTE NON COMPARENTE. Lat
The party not having appeared. The con­dition of a cause called "default"
Parte quacumque integrante sublata, tollitnr totum. An integral part being taken away, the whole is taken away. 8 Coke, 41.
Partem aliquam recte intelligere ne­mo potest, anteqnam totum, iterum at-que iterum, perlegerit. 3 Coke, 52. No one can rightly understand any part until he has read the whole again and again.
PARTES FINIS NIHIL HABUERUNT.
In old pleading. The parties to the fine had nothing; that is, had no estate which could be conveyed by it. A plea to a fine which had been levied by a stranger. 2 BL Comm. 357; 1 P. Wms. 520.
PARTIAL. Relating to or constituting a part; not complete; not entire or universal.
—Partial account. An account of an exec­utor, administrator, guardian, etc., not exhibit­ing his entire dealings with the estate or fund from his appointment to final settlement, but covering only a portion of the time or of the estate. See Marshall v. Coleman, 187 111. 556, 58 N. E. 628.—Partial average. Another name for particular average. See Avebagk. And see Peters v. Warren Ins. Co., 19 Fed. Cas. 370.—Partial evidence. See Evidence.— Partial insanity. Mental unsoundness al­ways existing, although only occasionally mani­fest; monomania. 3 Add. 79.—Partial loss. See Loss.—Partial verdict. See Vebdict.
PARTIARIUS. Lat. In Roman law. A legatee who was entitled, by the directions of the will, to receive a share or portion of the inheritance left to the heir.
PARTICEPS. Lat. A participant; a sharer; anciently, a part owner, or parcener.
—Particeps criminis. A participant in a crime; an accomplice. One who shares or co-operates in a criminal offense, tort, or fraud. Alberger v. White, 117 Mo. 347, 23 S. W. 92; State v. Fox, 70 N. J. Law, 353, 57 Atl. 270.
Participes plures sunt quasi unum corpus in eo quod unum jus habent, et oportet quod corpus sit integrum, et quod in nulla parte sit defectus. Co.
Litt. 4. Many parceners are as one body, inasmuch as they have one right, and It is necessary that the body be perfect, and that there be a defect in no part.
PARTICULA. A small piece of land.
PARTICULAR. This term, as used in law, is almost always opposed to "general," and means either individual, local, partial, special, or belonging to a single person, place, or thing.
—Particular statement. This term, in use in Pennsylvania, denotes a statement which a plaintiff may be required to file, exhibiting in detail the items of his claim, (or its nature, if

PARTICULAR £
single,) with the dates and sums. It is a spe­cies of declaration, but is informal and not required to be methodical. Dixon v. Sturgeon, 6 Serg. & B. (Pa.) 28.—Particular tenant. The tenant of a particular estate. 2 Bl. Comm. 274. See Estate.
As to particular *'Average," "Custom," "Es­tate," "Lien," "Malice," and "Partnership," see those titles.
PARTICULARITY, in a pleading, affida­vit, or the like, is the detailed statement of particulars.
PARTICULARS. The details of a claim, or the separate items of an account When these are stated in an orderly form, for the information of a defendant, the statement is called a "bill of particulars," (q. v.)
—Particulars of breaches and objections.
In an action brought, in England, for the in­fringement of letters patent, the plaintiff is bound to deliver with his declaration (now with his statement of claim) particulars (t. e., de­tails) of the breaches which he complains of. Sweet.—Particulars of criminal charges. A prosecutor, when a charge is general, is fre­quently ordered to give the defendant a state­ment of the acts charged, which is called, in England, the "particulars" of the charges.— Particulars of sale. When property such as land, houses, shares, reversions, etc., is to be sold by auction, it is usually described in a doc­ument called the "particulars," copies of which are distributed among intending bidders. They should fairly and accurately describe the prop­erty. Dart, Vend. 113; 1 Dav. Con v. 511.
PARTIDA. Span. Part; a part See Las Pabtidas.
PARTIES. The persons who take part In the performance of any act or who are directly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. U. S. v. Henderlong (C. C.) 102 Fed. 2; Robbins v. Chicago, 4 Wall. 672, 18 L. Ed. 427; Green v. Bogue, 158 U. S. 478, 15 Sup. Ct 975, 39 L. Ed. 1061; Hughes v. Jones, 116 N. Y. 67, 22 N. E. 446, 5 L. R. A. 637, 15 Am. St. Rep. 386. See also Pabty.
In the Roman civil law, the parties were designated as "actor" and "reus." In the com­mon law, they are called "plaintiff" and "defend­ant ;" in real actions, "demandant" and "ten­ant;" in equity, "complainant" or "plaintiff" and "defendant;" in Scotch law, "pursuer" and "defender;" in admiralty practice, "libelant" and "respondent;" in appeals, "appellant" and "respondent" sometimes, "plaintiff in error" and "defendant in error;' in criminal proceed­ings, "prosecutor" and "prisoner."
Classification. Formal parties are those who have no interest in the controversy between the immediate litigants, but have an interest in the subject-matter which may be conveniently settled in the suit and thereby prevent further litigation; they may be made parties or not, at the option of the complainant. Chadbourne r. Coe, 51 Fed. 479, 2 C. C. A. 327.—Neces­sary parties are those parties who have such an interest in the subject-matter of a suit in equity, or whose rights are so involved in the contro-< Tersy, that n© complete and effective decree can be made, disposing of the matters in issue and
3 PARTITION
dispensing complete justice, unless they are be­fore the court in such a manner as to entitle them to be heard in vindication or protection of their interests. See Chandler v. Ward, 188 111. 322, 58 N. E. 919; Phoenix Nat Bank v. Cleveland Co., 58 Hun, 606, 11 N. Y. Supp. 873; Chadbourne v. Coe, 51 Fed. 480, 2 C. O. A. 327; Burrill v. Garst, 19 R. I. 38, 31 Atl. 436; Castle v. Madison, 113 Wis. 346, 89 N. W. 156; Iowa County Sup'rs v. Mineral Point R. Co., 24 Wis. 132. Nominal parties are those who are joined as plaintiffs or de­fendants, not because they have any real in­terest ^ in the subject-matter or because any relief is demanded as against them, but merely because the technical rules of pleading require their presence on the record. It should be noted that some courts make a further distinction between "necessary" parties and "indispensable" parties. Thus, it is said that the supreme court of the United States divides parties in equity suits into three different classes: (1) Formal parties, who have no interest in the controversy between the immediate litigants, but have such an interest in the subject-matter as may be conveniently settled in the suit, and thereby prevent further litigation; (2) necessary par­ties, who have an interest in the controversy, but whose interests are separable from those of the parties before the court, and will not be directly affected by a decree which does com­plete and full justice between them; (3) in­dispensable parties, who not only have an in­terest in the subject-matter of the controversy, but an interest of such a nature that a final decree cannot be made without either affecting their interests or leaving the contrbversy in such a condition that its final determination may be wholly inconsistent with equity and
§ood conscience. Hicklin v. Marco, 56 Fed. 52, 6 C. C. A. 10, citing Shields v. Barrow, 17 How. 139, 15 L. Ed. 158; Ribon v. Railroad Co.. 16 Wall. 450, 21 L. Ed. 367; Williams v. Bankhead, 19 Wall. 571, 22 L Ed. 184; Kendig v. Dean, 97 U. S. 425, 24 L. Ed. 1061. —Parties and privies. Parties to a deed or contract are those with whom the deed or con­tract is actually made or entered into. By the term "privies," as applied to contracts, is fre­quently meant those between whom the contract is mutually binding, although not literally par­ties to such contract Thus, in the case of a lease, the lessor and lessee are both parties and privies, the contract being literally made be­tween the two, and also being mutually bind­ing; but, if the lessee assign his interest to a third party, then a privity arises between the assignee and the original lessor, although such assignee is not literally a party to the original lease. Brown.
PARTITIO. Lat In the civil law. Par­tition; division. This word did not always signify dimidium, a dividing into halves. Dig. 50, 16, 164, 1.
—Partitio legata. A testamentary partition. This took place where the testator, in his will, directed the heir to divide the inheritance and deliver a designated portion thereof to a named legatee. See Mackeld. Rom. Law, §§ 781, 785.
PARTITION. The dividing of lands held by joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or co-proprietors, Meacham v. Meacham, 91 Tenn. 532, 19 S. W. 757; Hudgins v. Sansom, 72 Tex. 229, 10 S. W. 104; Weiser v. Weiser, 5 Watts (Pa.) 279, 30 Am. Dec 313; Gay t»

PARTITION i
Parpart, 106 U. S. 679, 1 Sup. Ct 456, 27 L. Ed. 256.
—Owelty of partition. See Owelty. Par­tition, deed of. In conveyancing. A species of primary or original conveyance between two or more joint tenants, coparceners, or tenants in common, by which they divide the lands so held among them in severalty, each taking a distinct part. 2 Bl. Comm. 323, 324.—Partition of a succession. The partition of a succession is the division of the effects of which the succes­sion is composed, among all the co-heirs, ac­cording to their respective rights. Partition is voluntary or judicial. It is voluntary when it is made among all the co-heirs present and of age, and by their mutual consent. It is ju­dicial when it is made by the authority of the court, and according to the formalities prescrib­ed by law. Every partition is either definitive or provisional. Definitive partition is that which is made in a permanent and irrevocable manner. Provisional partition is that which is made provisionally, either of certain things be­fore the rest can be divided, or even of every­thing that is to be divided, when the parties are not in a situation to make an irrevocable par­tition. Civ. Code La. art. 1293, et seq.
PARTNER. A member of a copartner­ship or firm; one who has united with others to form a partnership in business. See Part­nership.
—Dormant partners. Those whose names are not known or do not appear as partners, but who nevertheless are silent partners, and partake of the profits, and thereby become part­ners, either absolutely to all intents and pur­poses, or at all events in respect to third par­ties. Dormant partners, in strictness of lan­guage, mean those who are merely passive in the firm, whether known or unknown, in con­tradistinction to those who are active and con­duct the business of the firm, as principals. See Story, Partn. § 80: Rowland v. Estes. 190 Pa. Ill, 42 Atl. 528; National Bank of Salem v. Thomas, 47 N. Y. 15; Metcalf v. Officer (C. C.) 2 Fed. 640; Pooley v. Driver, 5 Ch. Div. 458; Jones v. Fegely, 4 Phila. (Pa.) 1.—Liquidating partner. The partner who,' upon the dissolution or insolvency of the firm, is appointed to settle its accounts, collect assets, adjust claims, and pay debts.—Nominal partner. One whose name appears in con­nection with the business as a member of the firm, but who has no real interest in it.—Os­tensible partner. One whose name appears to the world as such, or who is held out to all persons hairing dealings with the firm in the character of a partner, whether or not he has any real interest in the firm. Civ. Code Ga. § 1889.—Quasi partners. Partners of lands, goods, or chattels who are not actual partners are sometimes so called. Poth. de So­ciety, App. no. 184.—Silent partner, sleep­ing partner. Popular names for dormant partners or special partners.—Special part­ner. A member of a limited partnership, who furnishes certain funds to the common stock, and whose liability extends no further than the fund furnished. A partner whose responsibility is restricted to the amount of his investment. 3 Kent, Comm. 34.—Surviving partner. The partner who, on the dissolution of the firm by the death of his copartner, occupies the position of a trustee to settle up its affairs.
PARTNERSHIP. A voluntary contract between two or more competent persons to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a proportional sharing of the
7 PARTNERSHIP
profits and losses between them. Story, Partn. § 2; Colly. Pactn. § 2; 3 Kent, Comm. 23.
Partnership is the association of two or more persons for the purpose of carrying on business together, and dividing its profits between them. Civ. Code Cal. § 2395.
Partnership is a synallagmatic and com­mutative contract made between two or more persons for the mutual participation in the profits which may accrue from property, credit, skill, or industry, furnished in deter­mined proportions by the parties. Civ. Code La. art 2801.
Partnership Is where two or more persons agree to carry on any business or adventure together, upon the terms of mutual partici­pation In its profits and losses. Mozley & Whitley. And see Macomber v. Parker, 13 Pick. (Mass.) 181; Bucknam v. Barnum, 15 Conn. 71; Farmers' Ins. Co. v. Ross, 29 Ohio St 431; In re Gibb's Estate, 157 Pa. 59, 27 Atl. 383, 22 L. R. A. 276; Wild v. Davenport, 48 N. J. Law, 129, 7 Atl. 295, 57 Am. Rep. 552; Morse v. Pacific Ry. Co., 191 111. 356, 61 N. E. 104.
—General partnership. A partnership in which the parties carry on all their trade and business, whatever it may be, for the joint ben­efit and profit of all the parties concerned, whether the capital stock be limited or not, or the contributions thereto be equal or un­equal. Story, Partn. § 74; Bigelow v. Elliot, 3 Fed. Cas. 351; Eldridge v. Troost, 3 Abb. Prac., N. S. (N. Y.) 23.—Limited partner­ship. A partnership consisting of one or more general partners, jointly and severally respon­sible as ordinary partners, and by whom the business is conducted, and one or more special partners, contributing in cash payments a spe­cific sum as capital to the common stock, and who are not liable for the debts of the part­nership beyond the fund so contributed. 1 Rev. St. N. Y. 764. And see Moorhead v. Seymour (City Ct. N. Y.) 77 N. Y. Supp. 1054; Taylor v. Webster, 39 N. J. Law, 104.—Mining part­nership. See Mining.—Particular part­nership. One existing where the parties have united to share the benefits of a single individ­ual transaction or enterprise. Spencer y. Jones (Tex. Civ. App.) 47 S. W. 665.—Partnership assets. Property of any kind belonging to the firm as such (not the separate property of the individual partners) and available to the recourse of the creditors of the firm in the first instance.—Partnership at will. One designed to continue for no fixed period of time, but only during the pleasure of the par­ties, and which may be dissolved by any part­ner without previous notice.—Partnership debt. One due from the partnership or firm as such and not (primarily) from one of the in­dividual partners.—Partnership in commen-dam. Partnership in commendam is formed by a contract by which one person or partnership agrees to furnish another person or partnership a certain amount, either in property or money, to be employed by the person or partnership to whom it is furnished, in his or their own name or firm, on condition of receiving a share in the profits, in the proportion determined by the contract, and of being liable to losses and expenses to the amount furnished and no more. Civ. Code La. art. 2839.—Secret partnership. One where the existence of certain persons as partners is not avowed to the public by any of the partners. Deering v. Flanders, 49 N. H. 225.—Special partnership. At common law. One formed for the prosecution of a special

PARTNERSHIP
878
PARVI8E

branch of business, as distinguished from the general business of the parties, or for one par­ticular venture or subject. Bigelow v. Elliot, 3 Fed. Cas. 351. Under statutes. A limited partnership, (q. v.)—Subpartnership. One formed where one partner in a firm makes a stranger a partner with him in his share of the profits of that firm.—Universal partner­ship. One in which the partners jointly agree to contribute to the common fund of the part­nership the whole of their property, of what­ever character, and future, as well as present. Poth. Soci*t4, 29; Civ. Code La. 1900, art 2829.
PARTURITION. The act of giving birth to a child.
PARTUS. Lat Child; offspring; the child just before it is born, or immediately after its birth.
Partus ex legitimo tnoro noa certius noscit matrem quaxn genitorem suum.
Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father.
Partus sequitur ventrem. The offspring follows the mother; the brood of an animal belongs to the owner of the dam; the off­spring of a slave belongs to the owner of the mother, or follow the condition of the mother. A maxim of the civil law, which has been adopted in the law of England in regard to animals, though never allowed in the case of human beings. 2 Bl. Comm. 390, 94; Fortes. 42.
PARTY. A person concerned or having or taking part in any affair, matter, transac­tion, or proceeding, considered individually. See Parties.
The term "parties" Includes all persons who are directly interested in the subject-matter in issue, who have a right to make defense, control the proceedings, or appeal from the judgment. Strangers are persons who do not possess these rights. Hunt v. Haven, 52 N. H. 162.
"Party" is a technical word, and has a pre­cise meaning in legal parlance. By it is under­stood he or they by or against whom a suit is brought, whether in law or equity; the party plaintiff or defendant, whether composed of one or more individuals, and whether natural or legal persons, (they are parties in the writ, and parties on the record;) and all others who may be affected by the suit, indirectly or consequen­tially, are persons interested, but not parties. Merchants' Bank v. Cook, 4 Pick. 405.
—Party and party. This phrase signifies the contending parties in an action; *. e., the plain­tiff and defendant, as distinguished from the at­torney and his client It is used in connection with the subject of costs, which are differently taxed between party and party and between at­torney and client. Brown.—Real party. In statutes requiring suits to be brought in the name of the "real party in interest, this term means the person who is actually and substan­tially interested in the subject-matter, as dis­tinguished from one who has only a nominal, formal, or technical interest in it or connection with it Hoagland v. Van Etten, 22 Neb. 681, 35 N. W. 870; Gruber v. Baker, 20 Nev. 453, ,23 Pac. 858, 9 L. R. A. 802*; Chew v. Bmmag-en, 13 Wall. 504, 20 L. Ed. 663.—Third par-
ties. A term used to include all persons wh« are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. Morrison t. Trudeau (La.) 1 Mart (N. S.) 384.
PARTY, adj. Relating or belonging to, or composed of, two or more parts or portions, or two or more persons or classes of persons.
—Party jury. A jury de medietate lingua; (which title see.)—Party structure is a struc­ture separating buildings, stories, or rooms which belong to different owners, or which are approached by distinct staircases or separate entrances from without, whether the same be a partition, arch, floor, or other structure. (St 18 & 19 Vict. c. 122, § 3.) Mozley & Whitley. —Party-wall. A wall built partly on the land of one owner, and partly on the land of another, for the common benefit of both in supporting timbers used in the construction of contiguous buildings. Brown v. Werner, 40 Md. 19. In the primary and most ordinary meaning of the term, a party-wall is (1) a wall of which the two adjoining owners are tenants in common. But it may also mean (2) a wall divided longi­tudinally into two strips, one belonging to each of the neighboring owners; (3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements, (the term is so used in some of the English building acts;) or (4) a wall divided longitudinally into two moieties, each moiety being subject to a cross-easement in favor of the owner of the other moiety. Sweet.
PARUM. Lat Little; but little.
Parum oavet natnra. Nature takes lit­tle heed. Vandenheuvel v. United Ins. Co., 2 Johns. Cas. (N. Y.) 127, 166.
PARUM CAVISSE VIDETUR. Lat. In Roman law. He seems to have taken too little care; he seems to have been incautious, or not sufficiently upon his guard. A form of expression used by the judge or magis­trate in pronouncing sentence of death upon a criminal. Festus, 325; Tayl. Civil Law, 81; 4, Bl. Comm. 362, note.
Parum differnnt quae re concordant.
2 Bulst. 86. Things which agree in sub­stance differ but little.
Parum est latam esse sententiam nisi mandetur execution!. It is little [or to little purpose] that judgment be given un­less it be committed to execution. Co. Litt. 289.
Parum proficit scire qnid fieri debet, ?i non cognoscas qnomodo sit facturum.
2 Inst 503. It profits little to know what ought to be done, if you do not know how it is to be done.
PARVA SERJEANTIA. Petty serjeanty, (Q. v.)
PARVISE. An afternoon's exercise or moot for the instruction of young students, bearing the same name originally with the Parvisice (little-go) of Oxford. Wharton.

PARVUM OAPE
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PARVUM CAPE. See Petit Cafe.
PAS. In French. Precedence; right of going foremost
PASCH. The passover; Easter.
PASCHA. In old English law and prac­tice. Easter. De termino Paschce, of the term of Easter. Bract fol. 2466.
—Pascha clausum. The octave of Easter, or Low-Sunday, which closes that solemnity.— Pasoha floridum. The Sunday before Easter, called "Palm-Sunday."—Pascha rents. In English ecclesiastical law. Yearly tributes paid by the clergy to the bishop or archdeacon at their Easter visitations.
PASCTJA. A particular meadow or pas­ture land set apart to feed cattle.
PASCTJA SILVA. In the civil law. A feeding wood; a wood devoted to the feeding of cattle. Dig. 50, 16, 30, 5.
PASCUAGE. The grazing or pasturage. of cattle.
PASS, v. 1. In practice. To utter or pro­nounce; as when the court passes sentence upon a prisoner. Also to proceed; to be ren­dered or given; as when judgment is said to pass for the plaintiff in a suit.
2.In legislative parlance, a bill or resolu­tion is said to pass when it is agreed to or enacted by the house, or when the body has sanctioned its adoption by the requisite ma­jority of votes; in the same circumstances, the body is said to pass the bill or motion.
3.When an auditor appointed to examine into any accounts certifies to their correct­ness, he is said to pass them; i. e., they pass through the examination without being detained or sent back for inaccuracy or im­perfection. Brown.
4.The term also means to examine into anything and then authoritatively determine the disputed questions which it involves. In this sense a jury is said to pass upon the rights or issues in litigation before them.
5.In the language of conveyancing, the term means to move from one person to an­other; to be transferred or conveyed from one owner to another; as in the phrase "the word 'heirs' will pass the fee."
6.To publish; utter; transfer; circulate; impose fraudulently. This is the meaning of the word when the offense of passing coun­terfeit money or a forged paper is spoken of.
"Pass," "utter," "publish," and "sell" are in some respects convertible terms, and, in a given case, "pass" may include utter, publish', and sell. The words "uttering" and "passing, used of notes, do not necessarily import that they are transferred as genuine. The words include any delivery of a note to another for value, with in­tent that it shall be put into circulation as money. U. S. v. Nelson, 1 Abb. (U. S.) 135, Fed. Oas. No. 15,861.
Passing a paper is putting it off in payment
or exchange. Uttering it is a declaration that it is good, with an intention to pass, or an offer to pass it.
PASS, tu Permission to pass; a license to go or come; a certificate, emanating from authority, wherein it is declared that a des­ignated person is permitted to go beyond cer­tain boundaries which, without such author­ity, he could not lawfully pass. Also a ticket issued by a railroad or other transportation company, authorizing a designated person to travel free on its lines, between certain points or for a limited time.
PASS-BOOK. A book in which a bank or banker enters the deposits made by a cus­tomer, and which is retained by the latter. Also a book in which a merchant enters the items of sales on credit to a customer, and which the latter carries or keeps with him.
PASSAGE. A way over water; an ease­ment giving the right to pass over a piece of private water.
Travel by sea; a voyage over water; the carriage of passengers by water; money paid for such carriage.
Enactment; the act of carrying a bill or resolution through a legislative or delibera­tive body in accordance with the prescribed forms and requisites; the emergence of the bill in the form of a law, or the motion in the form of a resolution.
PASSAGE COURT. An ancient court of record in Liverpool, once called the "may­or's court of pays sage" but now usually called the "court of the passage of the bor­ough of Liverpool." This court was for­merly held before the mayor and two bailiffs of the borough, and had jurisdiction in ac­tions where the amount in question exceeded forty shillings. Mozley & Whitley.
PASSAGE MONEY. The fare of a pas­senger by sea; money paid for the transpor­tation of persons in a ship or vessel; as dis­tinguished from "freight" or "freight-mon­ey," which is paid for the transportation of goods and merchandise.
PASSAGIO. An ancient writ addressed to the keepers of the ports to permit a man who had the king's leave to pass over sea. Reg. Orig. 193.
PASSAGIUM REGIS. A voyage or ex­pedition to the Holy Land made by the kings of England in person. CowelL
PASSATOR. He who has the interest or command of the passage of a river; or a lord to whom a duty is paid for passage. Whar­ton.
PASSENGER. A person whom a com­mon carrier has contracted to carry from one place to another, and has, in the course of

PASSIAGIARIUS
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the performance of that contract, received under his care either upon the means of con­veyance, or at the point of departure of that means of conveyance. Bricker r. Philadel­phia & R. R. Co., 132 Pa. 1, 18 Atl. 983, 19 Am. St. Rep. 585; Schepers v. Union De­pot R. Co., 126 Mo. 665, 29 S. W. 712; Penn­sylvania R. Co. v. Price, 96 Pa. 256; The Main v. Williams, 152 U. S. 122, 14 Sup. ,Ct 486, 38 L. Ed. 381; Norfolk & W. R. Co. v. Tanner, 100 Va. 379, 41 S. E. 721.
PASSIAGIARIUS. A ferryman. Jacob.
PASSING-TICKET. In English law. A kind of permit, being a note or check which the toll-clerks on some canals give to the boatmen, specifying the lading for which they have paid toll. Wharton.
PASSIO. Pannage; a liberty for hogs to run in forests or woods to feed upon mast Mon. Angl. 1, 682.
PASSION. In the definition of man­slaughter as homicide committed without premeditation but under the influence of sud­den "passion," this term means any intense and vehement emotional excitement of the kind prompting to violent and aggressive ac­tion, as, rage, anger, hatred, furious resent­ment, or terror. See Stell v. State (Tex. Cr. App.) 58 S. W. 75; State v. Johnson, 23 N. C. 362, 35 Am. Dec. 742.
PASSIVE. As used in law, this term means inactive; permissive; consisting in endurance or submission, rather than action; and in some connections it carries the impli­cation of being subjected to a burden or charge.
As to passive "Debt," "Title," "Trust," and "Use," see those titles.
PASSPORT. In international law.
A document issued to a neutral' merchant vessel, by her own government, during the progress of a war, and to be carried on the voyage, containing a sufficient description of the vessel, master, voyage, and cargo to evi­dence her nationality and protect her against the cruisers of the belligerent powers. This paper is otherwise called a "pass," "sea-pass," "sea-letter," "sea-brief."
A license or safe-conduct, issued during the progress of a war, authorizing a person to re­move himself or his effects from the territory of one of the belligerent nations to another country, or to travel from country to country without arrest or detention on account of the war.
In American law. A special instrument intended for the protection of American ves­sels against the Barbary powers, usually called a "Mediterranean pass." Jac Sea Laws, 69.
In modern European law. A warrant of protection and authority to travel, granted to persons moving from place to place, by the competent officer. Brande.
PASTO. In Spanish law. Feeding; pas­ture; a right of pasture. White, New Recopi. b. 2, tit 1, c. 6, § 4.
PASTOR. Lat. A shepherd. Applied to a minister of the Christian religion, who has charge of a congregation, hence called his "flock." See First Presbyterian Church v. Myers, 5 Okl. 809, 50 Pac. 70, 38 L. R. A. 687.
PASTURE. Land on which cattle are fed; also the right of pasture. Co. Litt 46.
PASTUS. In feudal law. The procura­tion or provision which tenants were bound to make for their lords at certain times, or as often as they made a progress to their lands. It was often converted into money.
PATEAT UNIVERSES PER PRX-SENTES. Know all men by these presents. Words with which letters of attorney ancient­ly commenced. Reg. Orig. 305 &, 306.
PATENT, adj. Open; manifest; evident; unsealed. Used in this sense in such phrases as "patent ambiguity," "patent writ" "letters patent"
—Letters patent. Open letters, as distin­guished from letters close. An instrument pro­ceeding from the government, and conveying a right, authority, or grant to an individual, as a patent for a tract of land, or for the exclu­sive right to make and sell a new invention. Familiarly termed a "patent." See Interna­tional Tooth Crown Co. v. Hanks Dental Ass'n (C. C.) Ill Fed. 918.—Patent ambiguity. See Ambiguity.—Patent defect. In sales of personal property, one which is plainly visible or which can be discovered by such an inspec­tion as would be made in the exercise of ordi­nary care and prudence. See Lawson v. Baer, 52 N. C. 461.—Patent writ. In old practice. An open writ; one not closed or sealed up. See Close Weits.
PATENT, n. A grant of some privilege, property, or authority, made by the govern­ment or sovereign of a country to one or more individuals. Phil. Pat. 1.
In English law. A grant by the sover­eign to a subject or subjects, under the great seal, conferring some authority, title, fran­chise, or property; termed "letters patent" from being delivered open, and not closed up from inspection.
In American law. The instrument by which a state or government grants public lands to an individual.
A grant made by tne government to an in­ventor, conveying and securing to him the exclusive right to make and sell his invention for a term of years. Atlas Glass Co. v. Si-monds Mfg. Co., 102 Fed. 647, 42 C. C. A. 554; Societe Anonyme v. General Electric Co,

PATENT
881
PATRIA POTESTAS

(C. C.) 97 Fed. 605; Minnesota v. Barber, 136 U. S. 313, 10 Sup. Ct 862, 34 L. Ed. 455; Pegram v. American Alkali Co. (C. C.) 122 Fed. 1000.
—Patent bill office. The attorney general's patent bill office is the office in which were for­merly prepared the drafts of all letters patent issued in England, other than those for inven­tions. The draft patent was called a "bill," and the officer who prepared it was called the "clerk of the patents to the queen's attorney and solic­itor general." Sweet.—Patent of precedence. Letters patent granted, in England, to such bar­risters as the crown thinks fit to honor with that mark of distinction, whereby they are en­titled to such rank and preaudience as are as­signed in their respective patents, which is some­times next after the attorney general, but more usually next after her majesty's counsel then be­ing. These rank promiscuously with the king's (or queen's) counsel, but are not the sworn serv­ants of the crown. 3 Bl. Comm. 28; 3 Steph. Comm. 274.—Patent-office. In the adminis­trative system of the United States, this is one of the bureaus of the department of the interior. It has charge of the issuing of patents to inven­tors and of such business as is connected there­with.—Patent-right. A right secured by pa­tent; usually meaning a right to the exclusive ' manufacture and sale of an invention or patent­ed article. Avery v. Wilson (O. C.) 20 Fed. 856; Crown Cork & Seal Co. v. State, 87 Md. 687, 40 Atl. 1074, 53 L. R. A. 417; Com. v. Central, etc., Tel. Co., 145 Pa. 121, 22 Atl. 841, 27 Am. St. Rep. 677.—Patent-right dealer. Any one whose business it is to sell, or offer for sale, patent-rights. 14 St. at Large, 118.—Pat­ent rolls. The official records of royal char­ters and grants; covering from the reign of King John to recent times. They contain grants of offices and lands, restitutions of temporalities to ecclesiastical persons, confirmations of grants made to bodies corporate, patents of creation of peers, and licenses of all kinds. Hubb. Succ. 617; 32 Phila. Law Lib. 429.—Pioneer pat­ent. A patent for an invention covering a func­tion never before performed, or a wholly novel device, or one of such novelty and importance as to mark a distinct step in the progress of the art, as distinguished from a mere improvement or perfecting of what has gone before. West-inghouse v. Boyden Power-Brake Co., 170 U. S. 537, 18 Sup. Ct. 707, 42 L. Ed. 1136.
PATENTABLE. Suitable to be patented; entitled by law to be protected by the issu­ance of a patent. Heath Cycle Co. v. Hay (C. C.) 67 Fed. 246; Maier v. Bloom (C: C.) 95 Fed. 166; Boyd v. Cherry (C. C.) 50 Fed. 282; Providence Rubber Co. v. Goodyear, 9 Wall. 796, 19 L. Ed. 566.
PATENTEE. He to whom a patent has been granted. The term is usually applied to one who has obtained letters patent for a new invention.
PATER. Lat. A father; the father. In the civil law, this word sometimes included avu8, (grandfather.) Dig. 50, 16, 201.
—Pater patriae. Father of the country. See Paeens Patbls:.
Pater is est quern nnptiee dexnonstrant.
The father is he whom the marriage points out. 1 Bl. Comm. 446; Tate v. Penne, 7 Mart (N. S. La.) 548, 553; Dig. 2, 4, 5; Broom, Max. 516.
Bl.Law Dtct.(2d Ed.)—56
PATERFAMILIAS. The father of a family.
In Roman law. The head or master of a family.
This word is sometimes employed, in a wide sense, as equivalent to sui juris. A person sui juris is called "paterfamilias" even when under the age of puberty. In the narrower and more common use, a paterfamilias is any one invest­ed with potestas over any person. It is thus as applicable to a grandfather as to a father. Hunter, Rom. Law, 49.
PATERNA PATERNIS. Lat. Pater­nal estates to paternal heirs. A rule of the French law, signifying that such portion of a decedent's estate as came to him from his father must descend to his heirs on the fa­ther's side.
PATERNAL. That which belongs to the father or comes from him.
—Paternal power. The authority lawfully exercised by parents over their children. This phrase is also used to translate the Latin "pa-tria potestas" (g. v.)—Paternal property.
That which descends or comes to one from his father, grandfather, or other ascendant or col­lateral on the paternal side of the house.
PATERNITY. The fact of being a fa­ther ; the relationship of a father.
The Latin "paternitas" is used in the can­on law to denote a kind of spiritual relation­ship contracted by baptism. Heinecc. Elem. lib. 1, tit 10, § 161, note.
PATHOLOGY. In medical jurispru­dence. The science or doctrine of diseases. That part of medicine which explains the nature of diseases, their causes, and their symptoms. See Bacon v. U. S. Mut Ace. Ass'n, 123 N. Y. 304, 25 N. E. 399, 9 L. R. A. 617, 20 Am. St. Rep. 748.
PATIBULARY. Belonging to the gal­lows.
PATIBUXATED. Hanged on a gibbet.
PATIBULUM. In old English law. A gallows or gibbet. Fleta, lib. 2, c. 3, § 9.
PATIENS. Lat One who suffers or per­mits; one to whom an act is done; the pas­sive party in a transaction.
PATRIA. Lat. The country, neighbor­hood, or vicinage; the men of the neighbor­hood; a jury of the vicinage. Synonymous, in this sense, with "pais."
Patria laboribns et expensis non debet fatigari. A jury ought not to be harassed by labors and expenses. Jenk. Cent. 6.
PATRIA POTESTAS. Lat In Roman law. Paternal authority; the paternal pow­er. This term flenotes the aggregate of those peculiar powers and rights which, by the civil law of Rome, belonged to the head of a

PATRIA POTESTAS
882
PAUPERIE8

family in respect to his wife, children, (nat­ural or adopted,) and any more remote de­scendants who sprang from him through males only. Anciently, it was of very ex­tensive reach, embracing even the power of life and death, but was gradually curtailed, until finally it amounted to little more than a right in the paterfamilias to hold as his own any property or acquisitions of one un­der his power. Mackeld. Rom. Law, § 589.
Patria poteatas in pietate debet, non in atrocitate, consistere. Paternal power should consist [or be exercised] in affection, not in atrocity.
PATRIARCH. The chief bishop over several countries or provinces, as an arch­bishop is of several dioceses. Godb. 20.
PATRICIDE. One who has killed his father. As to the punishment of that offense by the Roman law, see Sandars' Just Inst. (5th Ed.) 496.
PATRICIT7S. In the civil law. A title of the highest honor, conferred on those who enjoyed the chief place in the emperor's es­teem.
PATRIMONIAL. Pertaining to a patri­mony; inherited from ancestors, but strict­ly from the direct male ancestors.
PATRIMONIUM. In the civil law. The private and exclusive ownership or dominion of an individual. Things capable of being possessed by a single person to the exclusion of all others (or which are actually so pos­sessed) are said to be in patrimonii; if not capable of being so possessed, (or not act­ually so possessed,) they are said to be extra patrimonium. See Gaius, bk. 2, § 1.
PATRIMONY. A right or estate inher­ited from one's ancestors, particularly from direct male ancestors.
PATRINUS. In old ecclesiastical law. A godfather. Spelman.
PATRITIUS. An honor conferred on men of the first quality in the time of the English Saxon kings.
PATROGINIT7M. In Roman law. Pat­ronage; protection; defense. The business or duty of .a patron or advocate.
PATROLMAN. A policeman assigned to duty in patrolling a certain beat or district; also the designation of a grade or rank in the organized police force of large cities, a pa­trolman being generally a private in the ranks, as distinguished from roundsmen, ser­geants, lieutenants, etc. See State v. Wal-bridge, 153 Mo. 194, 54 S. W. 447.
PATRON. In ecclesiastical law. He
who has the right, title, power, or privilege of presenting to an ecclesiastical benefice.
In Roman law. The former master of an emancipated slave.
In French marine law. The captain or master of a vessel.
PATRONAGE. In English ecclesiastical law. The right of presentation to a church or ecclesiastical benefice; the same with ad-vowson, (q. v.) 2 Bl. Comm. 21.
The right of appointing to office, consid­ered as a perquisite, or personal right; not in the aspect of a public trust
PATRONATUS. Lat In Roman law.
The condition, relation, right or duty of a patron.
In ecclesiastical law. Patronage, (q. v.)
Patronum facinnt dos, sedincatio, fundus. Dod. Adv. 7. Endowment, build­ing, and land make a patron.
PATRONTJS. Lat. In Roman law. A person who stood in the relation of protector to another who was called his "client" One who advised his client in matters of law, and advocated his causes in court Gilb. Forum Rom. 25.
PATROON. The proprietors of certain manors created in New York in colonial times were so called.
PATRUELIS. Lat In the civil law. A cousin-german by the father's side; the son or daughter of a father's brother. Wharton.
PATRUUS. Lat An uncle by the fa­ther's side; a father's brother.
—Patruus magnus. A grandfather's brother; granduncle.—Patruus major. A great-grand­father's brother.—Patruus maximus. A great-grandfather's father's brother.
PAUPER. A person so poor that he must be supported at public expense; also a suitor who, on account of poverty, is allowed to sue or defend without being chargeable with costs. In re Hoffen's Estate, 70 Wis. 522, 36 N. W. 407; Hutchings v. Thompson, 10 Cush. (Mass.) 238; Charleston v. Groveland, 15 Gray (Mass.) 15; Lee County v. Lackie, 30 Ark. 764.
—Dispauper. To deprive one of the status of a pauper and of any benefits incidental thereto: particularly, to take away the right to sue in forma pauperis because the person so suing, dur­ing the progress of the suit, has acquired money or property which would enable him to sustain the costs of the action.
PAUPERIES. Lat In Roman law. Damage or injury done by an irrational ani­mal, without active fault on the" part of the owner, but for which the latter was bound

PAVAQE
883
PAYMENT

to make compensation. Inst 4, 9; Mackeld. Bom. Law, { 510.
PAVAGE. Money paid towards paving the streets or highways.
PAVE. To pave is to cover with stones or brick, or other suitable material, so as to make a level or convenient surface for horses, carriages, or foot-passengers, and a sidewalk is paved when it is laid or flagged with fiat stones, as well as when paved with brick, as is frequently done. In re Phillips, 60 N. Y. 22; Buell v. Ball, 20 Iowa, 282; Harrisburg v. Segelbaum, 151 Pa. 172, 24 Atl. 1070, 20 L. R. A. 834.
PAWN, v. To deliver personal property to another In pledge, or as security for a debt or sum borrowed.
PAWN, n. A bailment of goods to a cred­itor, as security for some debt or engage­ment; a pledge. Story, Bailm. § 7; Coggs v. Bernard, 2 Ld. Raym. 913; Barrett v. Cole, 49 N. C. 40; Surber v. McClintic, 10 W. Va. 242; Commercial Bank v. Flowers, 116 Ga. 219, 42 S. E. 474.
Pawn, or pledge, is a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged. Wharton.
Also the specific chattel delivered to the creditor In this contract.
In the law of Louisiana, pawn is known as one species of the contract of pledge, the other being antichresis; but the word "pawn" is sometimes used as synonymous with "pledge," thus including both species. Civ. Code La. art 3101.
PAWNBROKER. A person whose busi­ness is to lend money, usually in small sums, on security of personal property deposited with him or left in pawn. Little Rock v. Barton, 33 Ark. 444; Schaul v. Charlotte, 118 N. C 733, 24 S. E. 526; Chicago v. Hulbert, 118 111. 632, 8 N. E. 812, 59 Am. Rep. 400.
Whoever loans money on deposit or pledges of personal property, or who purchases per­sonal property or choses In action, on condi­tion of selling the same back again at a stip­ulated price, is hereby defined and declared to* be a pawnbroker. Rev. St. Ohio 1880, § 4387. See, also, 14 U. S. St at Large, 116.
PAWNEE. The person receiving a pawn, or to whom a pawn is made; the person to whom goods are delivered by another in pledge.
PAWNOR. The person pawning goods or delivering goods to another in pledge.
PAX ECCXESLS:. Lat In old English law. The peace of the church. A particular privilege attached to a church; sanctuary, (q. v.) Crabb, Eng. Law, 41; Co well.
PAX REGIS. Lat The peace of the king; that is, the peace, good order, and se­curity for life and property which it is one of the objects of government to maintain, and which the king, as the personification of the power of the state, is supposed to guaranty to all persons within the protection of the law.
This name was also given, In ancient times, to a certain privileged district or sanctuary. The pax regis, or verge of the court, as it was afterwards called, extended from the palace-gate to the distance of three miles, three fur­longs, three acres, nine feet, nine palms, and nine barleycorns. Crabb, Eng. Law, 41.
PAY. To pay is to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance, by which the debt is discharged. Beals v. Home Ins. Co., 36 N. Y. 522.
PAYABLE. A sum of money is said to be payable when a person is under an obliga­tion to pay it. "Payable" may therefore sig­nify an obligation to pay at a future time, but, when used without qualification, "pay­able" means that the debt is payable at once, as opposed to "owing." Sweet And see First Nat. Bank v. Greenville Nat Bank, 84 Tex. 40, 19 S. W. 334; Easton v. Hyde, 13 Minn. 91 (Gil. 83).
PAYEE. In mercantile law. The per­son in whose favor a bill of exchange, prom­issory note, or check is made or drawn; the person to whom or to whose order a bill, note, or check Is made payable. 3 Kent, Comm. 75.
PAYER, or PAYOR. One who pays, or who is to make a payment; particularly the person who is to make payment of a bill or note. Correlative to "payee."
PAYMASTER. An officer of the army or navy whose duty is to keep the pay-ac­counts and pay the wages of the officers and men. Any official charged with the disburse­ment of public money.
—Paymaster general. In English law. The officer who makes the various payments out of the public money required for the different de­partments of the state by issuing drafts on the Bank of England. Sweet. In American law, the officer at the head of the pay corps of the army is so called, also the naval officer holding corresponding office and rank with reference to the pay department of the navy.
PAYMENT. The performance of a duty, promise, or obligation, or discharge of a debt or liability, by the delivery of money or oth­er value. Also the money or other thing so delivered. Brady v. Wasson, 6 Heisk. (Tenn.) 135; Blood worth v. Jacobs, 2 La. Ann. 24; Root v. Kelley, 39 Misc. Rep. 530, 80 N. Y. Supp. 482; Moulton v. Robison, 27 N. H. 554; Clay v. Lakenan, 101 Mo. App. 563, 14 S. W. 391; Claflin v. Continental Works, 85

PAYMENT 884 PECULIARS, COURT OF
Ga. 27, 11 S. E. 721; Huffmans T. Walker, 26 Grat. (Va.) 316.
By "payment" is meant not only the de­livery of a sum of money, when such is the obligation of the contract, but the perform­ance of that which the parties respectively undertook, whether it be to give or to do. Civ. Code La. art. 2131.
Performance of an obligation for the de­livery of money only is called "payment." Civ. Code Cal. § 1478.
In pleading. When the defendant alleges that he has paid the debt or claim laid in the declaration, this is called a "plea of pay­ment."
—Fart payment. The reduction of any debt or demand by the payment of a sum less than the whole amount originally due. Young v. Perkins, 29 Minn. 173, 12 N. W. 515; Moffitt v. Carr, 48 Neb. 403, 67 N. W. 150, 58 Am. St. Bep. 696.—Payment into court. In practice. The act of a defendant in depositing the amount which he admits to be due, with the proper of­ficer of the court, for the benefit of the plain­tiff and in answer to his claim.—Voluntary payment. A payment made by a debtor of his own will and choice, as distinguished from one exacted from him by process of execution or other compulsion. Redmond v. New York, 125 N. Y. 632, 26 N. E. 727; Rumford Chemical Works v. Ray, 19 R. I. 456, 34 Atl. 814; Tag-gart v. Rice, 37 Vt. 47; Maxwell v. Griswold, 10 How. 255, 13 L. Ed. 405.
PAYS. Fr. Country. Trial per pays, trial by jury, (the country.) See Pais.
PEACE. As applied to the affairs of a state or nation peace may be either external or internal. In the former case, the term denotes the prevalence of amicable relations and mutual good will between the particu­lar society and all foreign powers. In the latter case, it means the tranquility, securi­ty, and freedom from commotion or disturb­ance which is the sign of good order and harmony and obedience to the laws among all the members of the society. In a some­what technical sense, peace denotes the quiet, security, good order, and decorum which is guarantied by the constitution of civil soci­ety and by the laws. People v. Rounds, 67 Mich. 482, 35 N. W. 77; Corvallis v. Carlile, 10 Or. 139, 45 Am. Rep. 134.
The concord or final agreement in a fine of lands. 18 Edw. I. "Modus Levandi Finis."
—Articles of the peace. See Articles.— Bill of peace. See Bill.—Breach of peace. See Breach.—Conservator of the peace. See Conservator.—Justice of the peace. See that title.—Peace of God and the church. In old English law. That rest and cessation which the king's subjects had from trouble and suit of law between the terms and on Sundays and holidays. Cowell; Spelman. —Peace of the state. The protection, securi­ty, and immunity from violence which the state undertakes to secure and extend to all persons within its jurisdiction and entitled to the bene­fit of its laws. This is part of the definition of murder, it being necessary that the victim should be "in the peace of the state," which now practically includes all persons except arm­ed public enemies. See Murder. And see State
v. Dunkley, 25 N. C. 121.—Peace officers. This term is variously defined by statute in the different states; but generally it includes sher­iffs and their deputies, constables, marshals, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace. See People v. Clinton, 28 App. Div. 478, 51 N. Y. Supp. 115; Jones v. State (Tex. Cr. App.) 65 S. W. 92.—Public peace. The peace or tranquillity of the community in general; the good order and repose of the peo­ple composing a state or municipality. See Neu-endorff v. Duryea, 6 Daly (N. Y.) 280; State v. Benedict, 11 Vt. 236, 34 Am. Dec. 688.
PEACEABLE. Free from the character of force, violence, or trespass; as, a "peace­able entry" on lands. "Peaceable posses­sion" of real estate is such as is acquiesced in by all other persons, including rival claim­ants, and not disturbed by any forcible at­tempt at ouster nor by adverse suits to re­cover the possession or the estate. See Stanley v. Schwalby, 147 U. S. 508, 13 Sup. Ct. 418, 37 L. Ed. 259; Allaire v. Ketcham, 55 N. J. Eq. 168, 35 Atl. 900; Bowers v. Cherokee Bob, 45 Cal. 504; Gitten v. Lowry, 15 Ga. 336.
Peccata contra naturam sunt gravis-sima. 3 Inst. 20. Crimes against nature are the most heinous.
Peccatum peccato addit qui cnlpse qnam facit patrocinia defensionis ad-jungit. 5 Coke, 49. He adds fault to fault who sets up a defense of a wrong committed by him.
PECIA. A piece or small quantity of ground. Paroch. Antiq. 240.
PECK. A measure of two gallons; a dry measure.
PECORA. Lat. In Roman law. Cat­tle ; beasts. The term included all quadru­peds that fed in flocks. Dig. 32, 65, 4.
PECULATION. In the civil law. The unlawful appropriation, by a depositary of public funds, of the property of the govern­ment intrusted to his care, to his own use, or that of others. Domat Supp. au Droit Public, 1. 3, tit. 5. See Bork v. People, 91 N. Y. 16.
PECULATUS. Lat In the civil law. The offense of stealing or embezzling the pub­lic money. Hence the common English word "peculation," but "embezzlement" is the proper legal term. 4 Bl. Comm. 121, 122.
PECULIAR. In ecclesiastical law. A parish or church in England which has juris­diction of ecclesiastical matters within itself, and independent of the ordinary, and is sub­ject only to the metropolitan.
PECULIARS, COURT OF. In English
law. A branch of and annexed to the court of arches. It has a jurisdiction over all those

PEOULIUM
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parishes dispersed through the province of Canterbury, in the midst of other dioceses, which are exempt from the ordinary's juris­diction, and subject to the metropolitan only.
PECUL.IUM. Lat In Roman law. Such private property as might be held by a slave, wife, or son who was under the patria po-testas, separate from the property of the father or master, and in the personal dispos­al of the owner.
—Peculium castrense. In Roman law. That kind of peouhum which a son acquired in war, or from his connection with the camp, (castrwn.) Heinecc. Elem. lib. 2, tit. 9, § 474.
PECUNIA. Lat. Originally and radi­cally, property in cattle, or cattle themselves. So called because the wealth of the ancients consisted in cattle. Co. Litt. 2076.
In the civil law. Property In general, real or personal; anything that Is actually the subject of private property. In a nar­rower sense, personal property; fungible things. In the strictest sense, money. This has become the prevalent, and almost the ex­clusive, meaning of the word.
In old English law. Goods and chat­tels. Spelman.
—Pecunia constituta. In Roman law. Mon­ey owing (even upon a moral obligation) up­on a day being fixed {constitute) for its pay­ment, became recoverable upon the implied promise to pay on that day, in an action called "de pecunia constituta," the implied promise not amounting (of course) to a stipulatio. Brown. —Pecunia non nnmerata. In the civil law. Money not paid. The subject of an exception or plea in certain cases. Inst. 4, 13, 2.—Pecu­nia nnmerata. Money numbered or counted out; i. e., given in payment of a debt.—Pecu­nia sepulchralis. Money anciently paid to the priest at the opening of a grave for the good of the deceased's soul.—Pecunia trajectitia. In the civil law. A loan in money, or in wares which the debtor purchases with the money to be sent by sea, and whereby the creditor, accord­ing to the contract, assumes the risk of the loss from the day of the departure of the vessel till the day of her arrival at her port of destination. Interest does not necessarily arise from this loan, but when is stipulated for it is termed "nauticum faenus," (maritime interest,) and, be­cause of the risk which the creditor assumes, he is permitted to receive a higher interest than usual. Mackeld. Rom. Law, § 433.
Pecunia dicitur a pecus, omnes enim veterum divitise in animalibus consis-tebant. Co. Litt 207. Money (pecunia) is so called from cattle, (pecus,) because all the wealth of our ancestors consisted in cattle.
PECUNIARY. Monetary; relating to money; consisting of money.
—Pecuniary causes. In English ecclesiasti­cal practice. Causes arising from the withhold­ing of ecclesiastical dues, or the doing or neg­lecting some act relating to the church, whereby some damage accrues to the plaintiff. 3 Bl. Comm. 88.—Pecuniary consideration. See Consideeation.—Pecuniary damages. See Damages.—Pecuniary legacy. See Legacy. —Pecuniary loss. A pecuniary loss is a loss
of money, or of something by which money, or something of money value, may be acquired. Green v. Hudson River R, Co., 32 Barb. (N. Y.) 33.
PECUS. Lat In Roman law. Cattle; a beast Under a bequest of pecudes were in­cluded oxen and other beasts of burden. Dig. 32, 81, 2.
PEDAGE. In old English law. A toll or tax paid by travelers for the privilege of passing, on foot or mounted, through a forest or other protected place. Spelman.
PEDAGIUM. L. Lat Pedage, (g. v.)
PEDANEUS. Lat In Roman law. At the foot; in a lower position; on the ground. See Judex Pedaneus.
PEDDLERS. Itinerant traders; persons who sell small wares, which they carry with them in traveling about from place to place. In re Wilson, 19 D. C. 341, 12 L. R. A. 624; Com. v. Farnum, 114 Mass. 270; Hall v. State, 39 Fla. 637, 23 South. 119; Graffty v. Rushville, 107 Ind. 502, 8 N. E. 609, 57 Am. Rep. 128; In re Pringle, 67 Kan. 364, 72 Pac. 864.
Persons, except those peddling newspapers, Bibles, or religious tracts, who sell, or offer to sell, at retail, goods, wares, or other com­modities, traveling from place to place, in the street, or through different parts of the coun­try. 12 U. S. St at Large, p. 458, § 27.
PEDE PULVEROSUS. In old English and Scotch law. Dusty-foot A term ap­plied to Itinerant merchants, chapmen, or peddlers who attended fairs.
PEDERASTY. In criminal law. The un­natural carnal copulation of male with male, particularly of a man with a boy; a form of sodomy; (q. v.)
PEDIGREE. Lineage; line of ancestors from which a person descends; genealogy. An account or register of a line of ancestors. Family relationship. Swink v. French, 11 Lea (Tenn.) 80, 47 Am. Rep. 277; People v. Mayne, 118 Cal. 516, 50 Pac. 654, 62 Am. St. Rep. 256.
PEDIS ABSCHSSIO. Lat In old crim­inal law. The cutting off a foot; a punish­ment anciently inflicted instead of death. Fleta, lib. 1, c. 38.
PEDIS POSITIO. Lat In the civil and old English law. A putting or placing of the foot. A term used to denote the possession of lands by actual corporal entry upon them. Waggoner v. Hastings, 5 Pa. 303.
PEDIS POSSESSIO. Lat A foothold; an actual possession. To constitute adverse possession there must be pedis possessio, or a substantial inclosure. 2 Bouv. Inst. no.

PEDONES
886
PENAL

2193; Bailey v. Irby, 2 Nott & McC. (S. C.) 343, 10 Am. Dec. 609.
PEDONES. Foot-soldiers.
PEERAGE. The rank or dignity of a peer or nobleman. Also the body of nobles taken collectively.
PEERESS. A woman who belongs to the nobility, which may be either in her own right or by right of marriage.
PEERS. In feudal law. The vassals of a lord who sat in his court as judges of their co-vassals, and were called "peers," as being each other's equals, or of the same condition.
The nobility of Great Britain, being the lords temporal having seats in parliament, and including dukes, marquises, earls, vis­counts, and barons.
Equals; those who are a man's equals in rank and station; this being the meaning in the phrase "trial by a jury of his peers."
PEERS OF FEES. Vassals or tenants of the same lord, who were obliged to serve and attend him in his courts, being equal in function. These were termed "peers of fees," because holding fees of the lord, or because their business in court was to sit and judge, under their lords, of disputes arising upon fees; but, if there were too many in one lord­ship, the lord usually chose twelve, who had the title of peers, by way of distinction; whence, it is said, we derive our common juries and other peers. Cowell.
PEINE FORTE ET DURE. L. Fr. In
old English law. A special form of punish­ment for those who, being arraigned for fel­ony, obstinately "stood mute;" that is, re­fused to plead or to put themselves upon trial. It is described as a combination of solitary confinement, slow starvation, and crushing the naked body with a great load of iron. This atrocious punishment was vulgarly called "pressing to death." See 4 Bl. Comm. 324-328; Britt. cc. 4, 22; 2 Reeve, Eng. Law, 134; Cowell.
PELA. A peal, pile, or fort. Cowell.
FELES. Issues arising from or out of a thing. Jacob.
PELFE, or PELFRE. Booty; also the personal effects of a felon convict. Cowell.
PELLAGE. The custom or duty paid for skins of leather.
PELLEX. Lat. In Roman law. A con­cubine. Dig. 50, 16, 144.
PELLICIA. A pilch or surplice. Spel-man.
PELLIPARIT7S. A leather-seller or skin­ner. Jacob.
PELLOTA. The ball of a foot 4 Inst 308.
PELLS, CLERK OF THE. An officer in the English exchequer, who entered every seller's bill on the parchment rolls, the roll of receipts, and the roll of disbursements.
PELT-WOOL. The wool pulled off the skin or pelt of dead sheep. 8 Hen. VI. c. 22.
PENAL. Punishable; inflicting a pun­ishment; containing a penalty, or relating to a penalty.
—Penal action. In practice. An action up­on a penal statute; an action for the recovery of a penalty given by statute. 3 Steph. 535, 536. Distinguished from a popular or qui tarn action, in which the action is brought by the informer, to whom part of the penalty goes'. A penal action or information is brought by an officer, and the penalty goes to the king. 1 Chit. Gen. Pr. 25, note; 2 Archb. Pr. 188. But in American law, the term includes actions brought by informers or other private persons, as well as those instituted by governments or public officers. In a broad sense, the term has been made to include all actions in which there may be a recovery of exemplary or vindictive damages, as suits for libel and slander, or in which special, double, or treble damages are given by statute, such as actions to recover money paid as usury or lost in gaming. See Bailey v. Dean, 5 Barb. (N. Y.) 303; Ashley v. Frame, 4 Kan. App. 265, 45 Pac. 927; Cole v. Groves, 134 Mass. 472. But in a more par­ticular sense it means (1) an action on a stat­ute which gives a certain penalty to be recover­ed by any person who will sue for it, (In re Barker, 56 Vt. 20,) or (2) an action in which the judgment against the defendant is in the nature of a fine or is intended as a punishment, actions in which the recovery is to be compensa­tory in its purpose and effect not being penal actions but civil suits, though they may carry special damages by statute. See Moller v. U. S., 57 Fed. 490, 6 C. C. A. 459; Atlanta v. Chattanooga Foundry & Pipe Works, 127 Fed. 23, 61 C. C. A. 387, 64 L. R, A. 721.—Penal bill. An instrument formerly in use, by which a party bound himself to pay a certain sum or sums of money, or to do certain acts, or, in default thereof, to pay a certain specified sum by way of penalty; thence termed a "penal sum." These instruments have been superseded by the use of a bond in a penal sum, with con­ditions. Brown.—Penal bond. A bond prom­ising to pay a named sum of money (the pen­alty) with a condition underwritten that, if a stipulated collateral thing, other than the pay­ment of money, be done or forborne, as the case may be, the obligation shall be void. Burn-side v. Wand, 170 Mo. 531, 71 S. W. 337, 02 L. R. A. 427.—Penal clause. A penal clause is a secondary obligation, entered into for the purpose of enforcing the performance of a primary obligation. Civ. Code La. art. 2117. Also a clause in a statute declaring a penalty for a violation of the preceding clauses.—Penal laws. Those which prohibit an act and impose a penalty for the commission of it. 2 Cro. Jac. 415. Strictly and properly speaking, a penal' law is one imposing a penalty or punishment (and properly a pecuniary fine or mulct) for some offense of a public nature or wrong com­mitted against the state. Sackett v. Sackett 8 Pick. (Mass.) 320; Kilton v. Providence Tool Co., 22 R. I. 605. 48 Atl. 1039; Drew v. Rus­sell, 47 Vt. 252; Nebraska Nat. Bank v. Walsh, 68 Ark. 433, 59 S. W. 952, 82 Am. St Rep. 301. Strictly speaking, statutes giving a private action against a wrongdoer are not pe­nal in their nature, neither the liability imposed nor the remedy given being penal. If the wrong

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done is to the individual, the law giving him a right of action is remedial, rather than penal, though the sum to be recovered may be called a "penalty" or may consist in double or treble damages. See Huntington v. Attrill, 146 U. S. 657, 13 Sup. Ot. 224, 36 L. Ed. 1123; Diver-sey v. Smith, 103 111. 390, 42 Am, Rep. 14: Oullinan v. Bnrkhard, 41 Misc. Rep. 321, 84 N. T. Supp. 825; People v. Common Council of Bay City, 36 Mich. 189.—Penal servitude, in English criminal law, is a punishment which consists in keeping an offender in confinement, and compelling him to labor. Steph. Crim. Dig. 2.—Penal statutes. See "penal laws" supra. —Penal sum. A sum agreed upon in a bond, to be forfeited if the condition of the bond is not fulfilled.
PENALTY. 1. The sum of money which the obligor of a bond undertakes to pay by way of penalty, in the event of his omitting to perfofm or carry out the terms imposed upon him by the conditions of the bond. Brown; Tayloe v. Sandiford, 7 Wheat. 13, 5 L. Ed. 384; Watt v. Sheppard, 2 Ala. 445.
A penalty is an agreement to pay a greater sum, to secure the payment of a less sum. It is conditional, and can be avoided by the pay­ment of the less sum before the contingency agreed upon shall happen. By what name it is called is immaterial. Henry v. Thompson, Mi­nor (Ala.) 209, 227.
2. A punishment; a punishment imposed
by statute as a consequence of the commis­
sion of a certain specified offense. Lancas­
ter v. Richardson, 4 Lans. (N. Y.) 136; Peo­
ple v. Nedrow, 122 111. 363, 13 N. E. 533;
Iowa v. Chicago, etc., R."Co. (C. C.) 37 Fed.
497, 3 L. R. A. 554.
The terms "fine," "forfeiture," and "penalty" are often used loosely, and even confusedly; but, when a discrimination is made, the word "peDalty" is found to be generic in its charac­ter, including both fine and forfeiture. A "fine" is a pecuniary penalty, and is commonly (per­haps always) to be collected by suit in some form. A "forfeiture" is a penalty by which one loses his rights and interest in his proper­ty. Gosselink v. Campbell, 4 Iowa, 300.
3. The term also denotes money recover­
able by virtue of a statute imposing a pay­
ment by way of punishment.
PENANCE. In ecclesiastical law. An ecclesiastical punishment inflicted by an ec­clesiastical court for some spiritual offense. Ayl. Par. 420.
PENDENCY. Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and be­fore the final disposition of it.
PENDENS. Lat. Pending; as lis pen­dens, a pending suit
PENDENTE LITE. Lat. Pending the suit; during the actual progress of a suit; during litigation.
Pendente lite nihil innovetur. Co.
Litt. 344. During a litigation nothing new should be introduced.
PENDENTES. In the civil law. The fruits of the earth not yet separated from the ground; the fruits hanging bj the roots. Ersk. Inst 2, 2, 4.
PENDICLE. In Scotch law. A piece or parcel of ground.
PENDING. Begun, but not yet com­pleted; unsettled; undetermined; in process of settlement or adjustment Thus, an ac­tion or suit is said to be "pending" from its inception until the rendition of final judg­ment. Wentworth v. Farmington, 48 N. H. 210; Mauney v. Pemberton, 75 N. O. 221; Ex parte Munford, 57 Mo. 603.
PENETRATION. A term used in crim­inal law, and denoting (in cases of alleged rape) the insertion of the male part into the female parts to however slight an extent; and by which insertion the offense is com­plete without proof of emission. Brown.
PENITENTIARY. A prison or place of punishment; the place of punishment in which convicts sentenced to confinement and hard labor are confined by the .authority of the law. Millar v. State, 2 Kan. 175.
PENNON. A standard, banner, or ensign carried in war.
PENNY. An English coin, being the twelfth part of a shilling. It was also used in America during the colonial period.
PENNYWEIGHT. A Troy weight, equal to twenty-four grains, or one-twentieth part of an ounce.
PENSAM. The full weight of twenty ounces.
PENSIO. Lat. In the civil law. A pay­ment, properly, for the use of a thing. A rent; a payment for the use and occupation of another's house.
PENSION. A stated allowance out of the public treasury granted by government to an individual, or to his representatives, for his valuable services to the country, or in compensation for loss or damage sustain­ed by him in the public service. Price v. Society for Savings, 64 Conn. 362, 30 Atl. 139, 42 Am. St. Rep. 198; Manning v. Spry, 121 Iowa, 191, 96 N. W. 873; Frisbie v. U. S., 157 U. S. 160, 15 Sup. Ct. 586, 39 L. Ed. 657.
In English practice. An annual pay­ment made by each member of the inns of court Cowell; Holthouse.
Also an assembly of the members of the society of Gray's Inn, to consult of their affairs.
In the civil, Scotch, and Spanish law.
A rent; an .annual rent
—Pension of churches. In English ecclesi­astical law. Certain sums of money paid to

PENSION
888
PER AND CUI

clergymen in lieu of tithes. A spiritual person may sue in the spiritual court for a pension originally granted and confirmed by the ordina­ry, but, where it is granted by a temporal per­son to a clerk, he cannot; as, if one grant an annuity to a parson, he must sue for it in the temporal courts. Cro. Dliz. 675.—Pension writ. A peremptory order against a member of an inn of court who is in arrear for his pensions, (that is, for his periodical dues,) or for other duties. Cowell.
PENSIONER. One who is supported by an allowance at the will of another; a de­pendent. It is usually applied (in a pub­lic sense) to those who receive pensions or annuities from government, who are chief­ly such as have retired from places of honor and emolument Jacob.
Persons making periodical payments are sometimes so called. Thus, resident under­graduates of the university of Cambridge, who are not on the foundation of any col­lege, are spoken of as "pensioners." Mozley & Whitley.
PENT-ROAD. A road shut up or closed at its terminal points. Wolcott v. Whit-comb, 40 Vt 41.
PENTECOSTAIiS. In ecclesiastical law. Pious oblations made at the feast of Pente­cost by parishioners to their priests, and sometimes by inferior churches or parishes to the principal mother churches. They are also called "Whitsun farthings." Whar­ton.
PEON. In Mexico. A debtor held by his creditor in a qualified servitude to work out the debt; a serf. Webster.
In India. A footman; a soldier; an in­ferior officer; a servant employed in the bus­iness of the revenue, police, or judicature.
PEONAGE. The state or condition of a peon as above defined; a condition of en­forced servitude, by which the servitor is restrained of his liberty and compelled to labor in liquidation of some debt or obliga­tion, real or pretended, against his will. Peonage Cases (D. C.) 123 Fed. 671; In re Lewis (C. C.) 114 Fed. 963; U. S. v. McClel-lan (D. C.) 127 Fed. 971; Rev. St. U. S. § 5526 (U. S. Comp. St. 1901, p. 3715).
PEONIA. In Spanish-American law. A lot of land of fifty feet front, and one hun­dred feet deep. Originally the portion grant­ed to foot-soldiers of spoils taken or lands conquered in war.
PEOPLE. A state; as the people of the state of New York. A nation in its collect­ive and political capacity. Nesbitt v. Lush-lngton, 4 Term R, 783; U. S. v. Quincy, 6 Pet. 467, 8 L. Ed. 458; U. S. v. Trumbull (D. C.) 48 Fed. 99. In a more restricted sense, and as generally used in constitution­al law, the entire body of those citizens of
a state or nation who are invested with political power for political purposes, that is, the qualified voters or electors. See Koehler v. Hill, 60 Iowa, 543, 15 N. W. 609; Dred Scott v. Sandford, 19 How. 404, 15 II Ed. 691; Boyd v. Nebraska, 143 U. S. 135, 12 Sup. Ct. 375, 36 L. Ed. 103; Rogers v. Jacob, 88 Ky. 502, 11 S. W. 513; People y. Counts, 89 Cal. 15, 26 Pac. 612; Blair v. Ridgely, 41 Mo. 63, 97 Am. Dec. 248; Bev­erly v. Sabin, 20 111. 357; In re Incurring of State Debts, 19 R. I. 610, 37 Atl. 14.
# The word "people" may have various significa­tions according to the connection in which it is used. When we speak of the rights of the peo­ple, or of the government of the people by law, or of the people as a non-political aggregate, we mean all the inhabitants of the state or nation, without distinction as to sex, age, or otherwise. But when reference is made to the people as the repository of sovereignty, or as the source of governmental power, or to popular govern­ment, we are in fact speaking of that selected and limited class of citizens to whom the con­stitution accords the elective franchise and the right of participation in the offices of govern­ment. Black, Const Law (3d Ed.) p. 30.
PEPPERCORN. A dried berry of the black pepper. In English law, the reserva­tion of a merely nominal rent, on a lease, is sometimes expressed by a stipulation for the payment of a peppercorn.
PER. Lat By. When a writ of entry is sued out against the alienee of the orig­inal intruder or disseisor, or against his heir to whom the land has descended, it is said to be brought "in the per," because the writ then states that the tenant had not% entry but by (per) the original wrong-doer. 3 BL Comm. 181.
PER 2ES ET LIBRAM. Lat. In Roman law. The sale per ess et libram (with copper and scales) was a ceremony used in transfer­ring res mancipi, in the emancipation of a son or slave, and in one of the forms of making a will. The parties having assem­bled, with a number of witnesses, and. one who held a balance or scales, the purchaser struck the scales with a copper coin, repeat­ing a formula by which he claimed the sub­ject-matter of the transaction as his prop­erty, and handed the coin to the vendor.
PER AXLUVIONEM. Lat. In the civil law. By alluvion, or the gradual and im­perceptible increase arising from deposit by water.
Per alluvionem id videtur adjici quod ita paulatim adjicitnr nt intelligere non possunvus quantum quoquo momento temporis adjiciatur. That is said to be added by alluvion which is so added little by little that we cannot tell how much is added at any one moment of time. Dig. 41, 1, 7, 1; Fleta, 1. 3, c. 2, § 6.
PER AND CTJI. When a writ of entry is brought against a second alienee or de-

PER AND POST
889
PER MISADVENTURE

scendant from the disseisor, it is said to be iD the per and cui, because the form of the writ is that the tenant had not entry but oy and under a prior alienee, to whom the in­truder himself demised it 3 Bl. Comm. 181.
PER AND POST. To come in in the per is to claim by or through the person last en­titled to an estate; as the heirs or assigns of the grantee. To come in in the post is to claim by a paramount and prior title; as the lord by escheat.
PER ANNULUM ET BACULUM. L.
Lat. In old English law. By ring and staff, or crozier. The symbolical mode of confer­ring an ecclesiastical investure. 1 Bl. Comm. 378, 379.
PER ANNUM. Lat. By the year. A phrase still in common use. Ramsdell v. Hulett, 50 Kan. 440, 31 Pac. 1092; State v. McFetridge, 64 Wis. 130, 24 N. W. 140; Haney v. Caldwell, 35 Ark. 168.
PER AUTRE VIE. L. Fr. For or
during another's life; for such period as an­other person shall live.
PER AVERSIONEM. Lat In the civil law. By turning away. A term applied to that kind of sale where the goods are tak­en in bulk, and not by weight or measure, and for a single price; or where a piece of land is sold as containing in gross, by es­timation, a certain number of acres. Poth. Cont. Sale, nn. 256, 309. So called because the buyer acts without particular examina­tion or discrimination, turning his face, as it were, away. Calvin.
PER BOUCHE. L. Fr. By the mouth; orally. 3 How. State Tr. 1024.
PER CAPITA. Lat. By the heads or polls; according to the number of individ­uals; share and share alike. This term, de­rived from the civil law, is much used in the law of descent and distribution, and de­notes that method of dividing an intestate estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent, with­out reference to their stocks or the right of representation. It is the antithesis of per stirpes, (q. v.)
PER CENT. An abbreviation of the Lat­in "per centum," meaning by the hundred, or so many parts in the hundred, or so many hundredths. See Blakeslee v. Mans­field, 66 111. App. 119; Code Va. 1887, § 5 (Code 1904, p. 7.)
PER CONSEQUENS. Lat By conse­quence; consequently. Yearb. M. 9 Edw. III. 8.
PER CONSIDERATIONEM CURLS.
Lat. In old practice. By the consideration (judgment) of the court Yearb. M. 1 Edw. II. 2.
PER CURIAM. Lat. By the court. A phrase used in the reports to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it de­notes an opinion written by the chief jus­tice or presiding judge. See Clarke v. West­ern Assur. Co., 146 Pa. 561, 23 Atl. 248, 15 L. R. A. 127, 28 Am. St Rep. 821.
PER EUNDEM. Lat By the same. This phrase is commonly used to express "by, or from the mouth of, the same judge." So "per eundem in eadem" means "by the same judge in the same case."
PER EXTENSUM. Lat In old prac­tice. At length.
PER FORMAM DONI. L. Lat. In Eng­lish law. By the form of the gift; by the designation of the giver, and not by the op­eration of law. 2 Bl. Comm. 113, 191.
PER FRAUDEM. Lat By fraud. Where a plea alleges matter of discharge, and the replication avers that the discharge was fraudulently obtained and is therefore invalid, it is called a "replication per fraud-em*"
PER INCURIAM. Lat Through inad­vertence. 35 Eng. Law & Eq. 302.
PER INDUSTRIAM HO MINIS. Lat. In old English law. By human industry. A term applied to the reclaiming or taming of wild animals by art, Industry, and educa­tion. 2 Bl. Comm. 391.
PER INFORTUNIUM. Lat. By misad­venture. In criminal law, homicide per in­fortunium is committed where a man, doing a lawful act without any intention of hurt, unfortunately kills another. 4 Bl. Comm. 182.
PER LEGEM ANGLING. Lat. By the law of England; by the curtesy. Fleta, lib. 2, c. 54, § 18.
PER LEGEM TERR^J. Lat By the
law of the land; by due process of law. U. S. v. Kendall, 26 Fed. Cas. 748; Appeal of Drvine, 16 Pa. 263, 55 Am. Dec. 499; Rhinehart v. Schuyler, 7 111. 519.
PER METAS ET BUND AS. L. Lat In
old English law. By metes and bounds.
PER MINAS. Lat B?, threats. See Duress.
PER MISADVENTURE. In old English law. By mischance. 4 Bl. Comm. 182. The same with per infortunium, (q. v.)

PER MITTER LE DROIT 890 PER VARIOS ACTUS LEGEM
PER MITTER £E DROIT. L. Fr. By
passing the right One of the modes by which releases at common law were said to inure was ''per piitter le droit" as where a person who had been disseised released to the disseisor or his heir or feofee. In such case, by the release, the right which was in the releasor was added to the possession of the releasee, and the two combined perfected the estate. Miller v. Emans, 19 *I. Y. 387/
PER MITTER L ESTATE. L. Fr. By
passing the estate. At common law, where two or more are seised, either by deed, devise, or descent, as joint tenants or coparceners of the same estate, and one of them releases to the other, this is said to inure by way of "per mitter Vestate." Miller v. Emans, 19 N. Y. 388.
PER MY ET PER TOUT. L. Fr. By
the "half and by the whole. A phrase de­scriptive of the mode in which joint tenants hold the joint estate, the effect of which, technically considered, is that for purposes of tenure and survivorship each is the holder of the whole, but for purposes of alienation each has only his own share, which is pre-\ sumed in law to be equal. 1 Washb. Real Prop. 406.
PER PAIS, TRIAL. Trial by the coun­try; i. e., by jury.
PER PROCURATION. By proxy; by one acting as an agent with special powers; as under a letter of attorney. These words "give notice to all persons that the agent is acting under a special and limited authority." 10 O. B. 689. The phrase is commonly ab­breviated to "per proc," or "p. p.," and is more used in the civil law and in England than in American law.
PER QUiE SERVITIA. Lat. A real ac­tion by which the grantee of a seigniory could compel the tenants of the grantor to attorn to himself. It was abolished by St 3 & 4 Wm. IV. c 27, § 35.
PER QUOD. Lat Whereby. When the declaration in an action of tort, after stating the acts complained of, goes on to allege the consequences of those acts as a ground of special damage to the plaintiff, the recital of such consequences is prefaced by these words, "per quod" whereby; and sometimes the phrase is used as the name of that clause of the declaration.
PER QUOD CONSORTIUM AMISIT.
Lat. In old pleading. Whereby he lost the company [of his wife.] A phrase used in the old declarations in actions of trespass by a husband, for beating or ill using his wife, descriptive of the special damage he had sus­tained. 3 Bl. Comm. 140; Cro. Jac. 501, 538; Crocker v. Crocker (O. C.) 98 Fed. 703.
PER QUOD SERVITIUM AMISIT.
Lat In old pleading. Whereby he lost the service [of his servant] A phrase used in the old declarations in actions of trespass by a master, for beating or ill using his servant, descriptive of the special damage he had him­self sustained. 3 Bl. Comm. 142; 9 Coke, 113a; Callaghan v. Lake Hopatcong Ice Co., 69 N. J. Law, 100, 54 Atl. 223.
Per rationes pervenitur ad legitimam rationexn. Litt § 386. By reasoning we come to true reason.
Per rerun natnram factum, negantis nulla probatio est. It is in the nature of things that he who denies a fact is not bound to give proof.
PER SAXTUM. Lat By a leap 'or bound; by a sudden movement; passing over certain proceedings. 8 East, 51L
PER SE. Lat By himself or itself; in itself; taken alone; inherently; in isola­tion; unconnected with other matters.
PER STIRPES. Lat By roots or stocks; by representation. This term, de­rived from the civil law, is much used in the law of descents and distribution, and de­notes that method of dividing an intestate es­tate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking thus by their right of representing such an­cestor, and not as so many individuals; while other heirs, who stand in equal degree with such ancestor to the decedent, take each a share equal to his. See Rotmanskey v. Heiss, 86 Md. 633, 39 Atl. 415.
PER TOTAM CURIAM. L. Lat By
the whole court A common phrase in the old reports.
PER TOUT ET NON PER MY. L. Fr.
By the whole, and not by the moiety. Where an estate in fee is given to a man and his wife, they cannot take the estate by moieties, but both are seised of the entirety, per tout et non per my. 2 Bl. Comm. 182.
PER UNIVERSITATEM. Lat In the
civil law. By an aggregate or whole; as an entirety. The term described the acquisition of an entire estate by one act or fact, as distinguished from the acquisition of single or detached things.
PER VADIUM. L. Lat In old practice. By gage. Words in the old writs of attach­ment or pone. 3 Bl. Comm. 280.
Per varios actus legem, experientia faeit. By various acts experience frames the law. 4 Inst 50.

PER VERBA DE FUTURO 891
PEREMPTORY

FEB VERBA DE FUTURO. Lat By
words of the future [tense.] A phrase ap­plied to contracts of marriage. 1 Bl. Comm. 439; 2 Kent, Comm. 87.
FEB VERBA DE PRJESENTI. Lat
By words of the present [tense.] A phrase applied to contracts of marriage. 1 BL Comm. 439.
PER VISUM ECCLESIiE. Lat In old
English law. By view of the church; under the supervision of the church. The disposi­tion of intestates' goods per visum ecclesice was one of the articles confirmed to the prel­ates by King John's Magna Charta. 3 Bl. Comm. 96.
FEB VIVAM VOCEM. Lat In old
English law. By the living voice; the same with viva voce. Bract fol. 95.
FEB YEAR, in a contract is equivalent to the word "annually." Curtiss v. Howell, 39 N. Y. 211.
PERAMBULATION. The act of walk­ing over the boundaries of a district or piece of land, either for the purpose of determin­ing them or of preserving evidence of them. Thus, in many parishes in England, it is the custom for the parishioners to perambulate the boundaries of the parish in rogation week in every year. Such a custom entitles them to enter any man's land and abate nuisances in their way. Phillim. Ecc. Law, 1867; Hunt Bound. 103; Sweet See Greenville v. Mason, 57 N. H. 385.
PERAMBULATIONE FACIENDA, WBIT DE. In English law. The name of a writ which is sued by consent of both par­ties when they are in doubt as to the bounds of their respective estates. It is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty. Fitzh. Nat Brev. 133.
PEBCA. A perch of land; sixteen and one-half feet See Perch.
PEBCEPTION. Taking into possession. Thus, perception of crops or of profits is re­ducing them to possession.
PERCEPTURA. In old records. A wear; a place in a river made up with banks, dams, etc., for the better convenience of pre­serving and taking fish. Cowell.
PERCH. A measure of land containing five yards and a half, or sixteen feet and a half in length; otherwise called a "rod" or "pole." Cowell.
As a unit of solid measure, a perch of masonry or stone or brick work contains, ac­cording to some authorities and in some lo­calities, sixteen and one-half cubic feet but
elsewhere, or according to others, twenty-fly*. Unless defined by statute, it is a very indefi­nite term and must be explained by evidence. See Baldwin Quarry Co. v. Clements, 38 Ohio St 587; Harris v. Rutledge, 19 Iowa, 388, 87 Am. Dec. 441; Sullivan v. Richardson, 33 Fla. 1, 14 South. 692; Wood v. Vermont Cent R. Co., 24 Vt 608.
PERCOLATE, as used in the cases re­lating to the right of land-owners to use wa­ter on their premises, designates any flow-age of sub-surface water other than that of a running stream, open, visible, clearly to be traced. Mosier v. Caldwell, 7 Nev. 363. —Percolating waters. See Wateb.
PERDONATIO UTLAGABIiE. L. Lat
A pardon for a man who, for contempt in not yielding obedience to the process of a court is outlawed, and afterwards of his own accord surrenders. Reg. Orig. 28.
FERDUELLIO. Lat In Roman law^ Hostility or enmity towards the Roman re­public; traitorous conduct on the part of a citizen, subversive of the authority of the laws or tending to overthrow the government Calvin; Vicat
PERDURABLE. As applied to an estate, perdurable signifies lasting long or forever. Thus, a disseisor or tenant in fee upon con­dition has as high and great an estate as the rightful owner or tenant in fee-simple absolute, but not so perdurable. The term is chiefly used with reference to the extinguish­ment of rights by unity of seisin, which does not take place unless both the right and the land out of which it issues are held for equal­ly high and perdurable estates. Co. Litt 313a, 3136; Gale, Easem. 582; Sweet
PEREGRINI. Lat In Roman law. The class of peregrini embraced at the same time both those who had no capacity in law, (capacity for rights or jural relations,) name­ly, the slaves, and the members of those na­tions which had not established amicable re­lations with the Roman people. Sav. Dr. Rom. f 66.
PEBEMPT. In ecclesiastical procedure an appeal is said to be perempted when the appellant has by his own act waived or bar­red his right of appeal; as where he par­tially complies with or acquiesces in the sen­tence of the court Phillim. Ecc. Law, 1275.
PEBEMPTION. A nonsuit; also a quashing or killing.
PEBEMPTOBIUS. Lat In the civil law. That which takes away or destroys for­ever; hence, exceptio peremptoria, a plea which is a perpetual bar. Calvin.
PEBEMPTOBY. Imperative; absolute; not admitting of question, delay, or recon-

PEREMPTORY
892
PERIL

slderation. Positive; final; decisive; not admitting of any alternative. Self-determin­ed; arbitrary; not requiring any cause to be shown.
—Peremptory day. A day assigned for trial or hearing in court, absolutely and without further opportunity for postponement.—Per­emptory exception. In the civil law. Any defense which denies entirely the ground of action.—Peremptory paper. A list of the causes which were enlarged at the request of the parties, or which stood over from press of business in court.—Peremptory rule. In practice. An absolute rule; a rule without any condition or alternative of showing cause.— Peremptory undertaking. An undertaking by a plaintiff to bring on a cause for trial at the next sittings or assizes. Lush, Pr. 649.
As to peremptory "Challenge," "Defense," "Instruction," "Mandamus," "Nonsuit,** "Plea," and "Writ," see those titles.
PERFECT. Complete; finished; execut­ed ; enforceable.
—Perfect condition. In a statement of the rule that, when two claims exist in "perfect con­dition" between two persons, either may insist on a set-off, this term means that state of a de­mand when it is of right demandable by its terms. Taylor v. New York, 82 N. Y. 17.— Perfect instrument. An instrument such as a deed or mortgage is said to become perfect when recorded (or registered) or filed for record, because it then becomes good as to all the world. See Wilkins v. McCorkle, 112 Term. 688, 80 S. W. 834.—Perfect trust. An exe­cuted trust, (q. v.)
As to perfect "Equity," "Machine," "Obli­gation," "Ownership," "Title," and "Usu­fruct," see those titles.
PERFECTING BAH*. Certain qualifica­tions of a property character being requir­ed of persons who tender themselves as bail, when such persons have justified, i. e., es­tablished their sufficiency by satisfying the court that they possess the requisite qualifi­cations, a rule or order of court is made for their allowance, and the bail is then said to be perfected, i. e., the process of giving bail is finished or completed. Brown.
Perfectum est cui nihil deest secun­dum suae perfectionis vel naturae mo-dum. That is perfect to which nothing is wanting, according to the measure of its per­fection or nature. Hob. 151.
PERFIDY. The act of one who has en­gaged his faith to do a thing, and does not do it, but does the contrary. Wolff, Inst § 390.
PERFORM. To perform an obligation or contract is to execute, fulfill, or accomplish it according to its terms. This may consist either in action on the part of the person bound by the contract or in omission to act, according to the nature of the subject-mat­ter; but the term is usually applied to any action in discharge of a contract other than payment
PERFORMANCE. The fulfillment or ac­complishment of a promise, contract, or oth­er obligation according to its terms.
—Part performance. The doing some por­tion, yet not the whole, of what either party to a contract has agreed to do. Borrow v. Bor­row, 34 Wash. 684, 76 Pac. 305.—Specific performance. Performance of a contract in the specific form in which it was made, or ac­cording to the precise terms agreed upon. This is frequently compelled by a bill in equity filed for the purpose. 2 Story, Eq. PI. § 712, et seq. The doctrine of specific performance is that, where damages would be an inadequate compen­sation for the breach of an agreement, the con­tractor will be compelled to perform specifical­ly what he has agreed to do. Sweet.
PER GAME NUM. In old practice. Parchment In pergameno scriM fecit. 1 And. 54.
PERICARDITIS. In medical jurispru­dence. An inflammation of the lining mem­brane of the heart.
PERICUIiOSUS. Lat Dangerous; per­ilous.
Periculosum est res novas et inusita-tas inducere. Co. Litt 379a. It is peril­ous to introduce new and untried things.
Periculosum existimo quod bonorunt virorum non comprobatnr exemplo. 9
Coke, 976. I consider that dangerous which is not approved by the example of good men.
PERICITLUM. Lat In the civil law. Peril; danger; hazard; risk.
Periculum rei venditse, nondum tra-ditse, est emptoris. The risk of a thing sold, and not yet delivered, is the purchaser's. 2 Kent Comm. 498, 499.
PERIL. The risk, hazard, or contingen­cy insured against by a policy of insurance.
—Perils of the lakes. As applied to naviga­tion of the Great Lakes, this term has the same meaning as "perils of the sea." See infra.—' Perils of the sea. In maritime and insur­ance law. Natural accidents peculiar to the sea, which do not happen by the intervention of man, nor are to be prevented by human pru­dence. 3 Kent Comm. 216. Perils of the se* are from (1) storms and waves; (2) rocks, shoals, and rapids; (3) other obstacles, though of human origin; (4) changes of climate; (5) the confinement necessary at sea; (6) animals peculiar to the sea; (7) all other dangers pe­culiar to the sea. Civ. Code Cal. $ 2199. All losses caused by the action of wind and wa­ter acting on the property insured- under ex­traordinary circumstances, either directly or mediately, without the intervention of other in­dependent active external causes» are losses by "perils of the sea or other perils and dangers," within the meaning of the usual clause in a
golicy of marine insurance. Baily, Perils of ea, 6. In an enlarged sense, all losses which occur from maritime adventure may be said to arise from the perils of the sea; but underwrit­ers are not bound to this extent. They insure against losses from extraordinary occurrences only; such as stress of weather, winds and waves, lightning, tempests, eta These are un­derstood to be meant by the phrase "the peril*

PERINDE VALERE
893
PERMIT

of the sea," in a marine policy, and not those or­dinary perils which every vessel must encounter. Hazard v. New England Mar. Ins. Co.- 8 Pet. 557, 8 L. Ed. 1043.
PERINDE VALERE. A dispensation granted to a clerk, who, being defective in capacity for a benefice or other ecclesiastical function, is de facto admitted to it. Cowell.
PERIOD. Any point, space, or division of time. "The word 'period' has its etymo­logical meaning, but it also has a distinctive signification, according to the subject with which it may be used in connection. It may mean any portion of complete time, from a thousand years or less to the period of a day; and when used to designate an act to be done or to be begun, though its completion may take an uncertain time, as, for instance, the act of exportation, it must mean the day on which the exportation commences, or it would be an unmeaning and useless word in its connection in the statute." Sampson v. Peas-lee, 20 How. 579, 15 L. Ed. 1022.
PERIODICAL. Recurring at fixed inter­vals; to be made or done, or to happen, at successive periods separated by determined intervals of time; as periodical payments of interest on a bond.
PERIPHRASIS. Circumlocution; use of many words to express the sense of one.
PERISH. To come to an end; to cease to be; to die.
PERISHABLE ordinarily means subject to speedy and natural decay. But, where the time contemplated is necessarily long, the term may embrace property liable mere­ly to material depreciation in value from other causes than such decay. Webster v. Peck, 31 Conn. 495.
—Perishable goods. Goods which decay and lose their value if not speedily put to their in­tended use.
Ferjuri sunt qui servatis verbis jura-menti decipiunt aures eornm qui acci-piunt. 3 Inst. 166. They are perjured, who, preserving the words of an oath, de­ceive the ears of those who receive it
PERJURY. In criminal law. The will­ful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion be­ing known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. 2 Whart. Crlm. Law, § 1244; Herring v. State, 119 Ga. 709, 46 S. E. 876; Beecher v. Ander­son, 45 Mich. 543, 8 N. W. 539; Schmidt v.
Witherick, 29 Minn. 156, 12 N. W. 448; State v. Simons, 30 Vt. 620; Miller v. State, 15 Fla. 585; Clark v. Clark, 51 N. J. Eq. 404, 26 Atl. 1012; Hood v. State, 44 Ala. 81.
Perjury shall consist in willfully, knowingly, absolutely, and falsely swearing, either with or without laying the hand on the Holy Evangelist of Almighty God, or affirming, in a matter mate­rial to the issue or point in question, in some judicial proceeding, by a person to whom a lawful oath or affirmation is administered. Code Ga. 1882, § 4460.
Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal officer, or per­son, in any of the cases in which such an oath may by law be administered, willfully, and con­trary to such oath, states as truth any material matter which he knows to be false, is guilty of perjury. Pen. Code Cal. § 118.
The willful giving, under oath, in a judicial proceeding or course of justice, of false testi­mony material to the issue or point of inquiry. 2 Bish. Crim. Law, § 1015.
Perjury, at common law, is the "taking of a willful false oath by one who, being lawfully sworn by a competent court to depose the truth in any judicial proceeding, swears absolutely and falsely in a matter material to the point in issue, whether he believed or not." Comm. v. Powell, 2 Mete (Ky.) 10; Cothran v. State, 39 Miss. 541.
It will be observed that, at common law, the crime of perjury can be comimitted only in the course of a suit or judicial proceeding. But statutes have very generally extended both the definition and the punishment of this offense to willful false swearing in many different kinds of affidavits and depositions, such as those re­quired to be made in tax returns, pension pro­ceedings, transactions at the custom house, and various other administrative or non-judicial pro­ceedings.
PERMANENT. Fixed, enduring, abiding, not subject to change. Generally opposed in law to "temporary."
—Permanent abode. A domicile or fixed home, which the party may leave as his inter­est or whim may dictate, but which he has no present intention of abandoning. Dale v. Irwin, 78 111. 170; Moffett v. Hill, 131 111. 239, 22 N. E 821; Berry v. Wilcox, 44 Neb. 82, 62 N. W. 249, 48 Am. St. Rep. 706.—Permanent building and loan association. One which issues its stock, not all at once or in series, but at any time when application is made therefor. Cook v. Equitable B. & L. Ass'n, 104 Ga. 814, 30 S. E. 911.
As to permanent "Alimony," "Injunction," and "Trespass," see those titles.
PERMISSION. A license to do a thing; an authority to do an act which, without such authority, would have been unlawful.
PERMISSIONS. Negations of law, aris­ing either from the law's silence or its ex­press declaration. Ruth. Inst. b. 1, c. 1.
PERMISSIVE. Allowed; allowable; that which may be done.
—Permissive use. See Use.—Permissive waste. See Waste.
PERMIT. A license or instrument grant­ed by the officers of excise, (or customs,) certifying that the duties on certain goods

PERMIT
894
PERQUISITES

have been paid, or secured, and permitting their removal from some specified place to another. Wharton.
A written license or warrant, issued by a person in authority, empowering the grantee to do some act not forbidden by law, but not allowable without such authority.
PERMUTATIO. Lat. In the civil law. Exchange; barter. Dig. 19, 4.
PERMUTATION. The exchange of one movable subject for another; barter.
PERMUTATIONE. A writ to an ordi­nary, commanding him to admit a clerk to a benefice upon exchange made with another. Beg. Grig. 307.
PERNANCY. Taking; a taking or re­ceiving ; as of the profits of an estate. Actu­al pernancy of the profits of an estate is the taking, perception, or receipt of the rents and other advantages arising therefrom. 2 Bl. Gomm. 163.
PERNOR OF PROFITS. He who re­ceives the profits of lands, etc.; he who has the actual pernancy of the profits.
PERNOUR. L. Fr. A taker. Le per-nour ou le detenour, the taker or the detain­er. Britt c. 27.
PERPARS. L. Lat A purpart; a part of the inheritance.
PERPETRATOR. Generally, this term denotes the person who actually commits a crime or delict, or by whose immediate agen­cy it occurs. But, where a servant of a rail­road company is killed through the negli­gence of a co-employe, the company itself may be regarded as the "perpetrator" of the act, within the meaning of a statute giving an action against the perpetrator. Philo v. Illinois Cent R. Co., 33 Iowa, 47.
Perpetua lex est nullam legem huma-nam ao positivam perpetuam esse, et clausula quae abrogationem excludit ab initio non valet. It is a perpetual law that no human and positive law can be perpetual, and a clause [in a law] which precludes the power of abrogation is void ab initio. Bac. Max. p. 77, in reg. 19.
FERPETUAI<. Never ceasing; continu­ous; enduring; lasting; unlimited in respect of time; continuing without intermission or interval. See Scanlan v. Crawshaw, 5 Mo. App. 337.
.—Perpetual edict. In Roman law. Origi­nally the term "perpetual" was merely opposed to "occasional" and was used to distinguish the general edicts of the prsetors from the special edicts or orders which they issued in their judi­cial capacity. But under Hadrian the edict
was revised by the jurist Julianus, and was re-
fiublished as a permanent act of legislation. t was, then styled "perpetual," in the sense of being calculated to endure in perpetuum, or un­til • abrogated by competent authority. Aust Jur. 855.—Perpetual succession. That con­tinuous existence which enables a corporation to manage its affairs, and hold property with­out the necessity of perpetual conveyances, for the purpose of transmitting it By reason of this quality, this ideal and artificial person re­mains, in its legal entity and personality, the same, though frequent changes may be made of its members. Field, Corp. § 58; Scanlan v. Crawshaw, 5 Mo. App. 340.
As to perpetual "Curacy," "Injunction," "Lease," and "Statute," see those titles
PERPETUATING TESTIMONY. A
proceeding for taking and preserving the tes­timony of witnesses, which otherwise might be lost before the trial in which it is intended to be used. It is usually allowed where the Witnesses are aged and infirm or are about to remove from the state. 3 Bl. Comm. 450.
PERPETUITY. A future limitation, whether executory or by way of remainder, and of either real or personal property, which is not to vest until after the expiration of or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, and which is, not destructible by the persons for the time being entitled to the property subject to the future limitation, except with the concur­rence of the individual interested under that limitation. Lewis, Perp. 164; 52 Law Lib. 139.
Any limitation tending to take the subject of it out of commerce for a longer period than a life or lives in being, and twenty-one years beyond, and, in case of a posthumous child, a few months more, allowing for the term of gestation. Rand. Perp. 48.
Such a limitation of property as renders it unalienable beyond the period allowed by law. Gilb. Uses, (Sugd. Ed.) 260. And see Ould v. Washington Hospital, 95 U. S. 303, 24 L. Ed. 450; Duggan v. Slocum, 92 Fed. 806, 34 C. C. A. 676; Waldo v. Cummings, 45 111. 421; Franklin v. Armfleld, 2 Sneed (Tenn.) 354; Stevens v. Annex Realty Co., 173 Mo. 511, 73 S. W. 505; Griffin v. Graham, 8 N. C. 130, 9 Am. Dec. 619; In re John's Will, 30 Or. 494, 47 Pac. 341, 36 L. R, A. 242.
PERPETUITY OF THE KING. That fiction of the English law which for certain political purposes ascribes to the king in his political capacity the attribute of immortali­ty; for, though the reigning monarch may die, yet by this fiction the king never dies, i. e., the office is supposed to be reoccupied for all political purposes immediately on his death. Brown.
PERQUISITES. In its most extensive sense, "perquisites" signifies anything obtain­ed by industry or purchased with money, dif-

PERQUISITES
895 PERSONALIS ACTIO

ferent from that which descends from a fa­ther or ancestor. Bract 1. 2, c. 30, n. 3.
Profits accruing to a lord of a manor by virtue of his court-baron, over and above the yearly profits of his land; also other things that come casually and not yearly. Mozley & Whitley.
In modern use. Emoluments or incident­al profits attaching to an office or official po­sition, beyond the salary or regular fees. Delaplane v. Crenshaw, 15 Grat <Va.) 468; Vansant v. State, 96 Md. 110, 53 Atl. 711; Wren v. Luzerne County, 6 Kulp (Pa.) 37.
PERQUISITIO. Purchase. Acquisition by one's own act or agreement, and not by descent.
PERQUISFTOR. In old English law. A purchaser; one who first acquired an estate to his family; one who acquired an estate by sale, by gift, or by any other method, ex­cept only that of descent 2 Bl. Comm. 220.
PERSECUTIO. Lat In the civil law. A following after; a pursuing at law; a suit or prosecution. Properly that kind of judi­cial proceeding before the praetor which was called "extraordinary." In a general sense, any judicial proceeding, including not only "actions," (actiones,) properly so called, but other proceedings also. Calvin.
PERSEQUI. Lat In the civil law. To follow after; to pursue or claim in form of law. An action is called a "jus persequendi."
PERSON. A man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137.
A human being considered as capable of having rights and of being charged with du­ties; while a "thing11 is the object over which rights may be exercised.
—Artificial persons. Such as are created and devised by law for the purposes of society and government, called "corporations" or "bodies politic."—Natural persons. Such as are formed by nature, as distinguished from artifi­cial persons, or corporations.—Private per­son. An individual who is not the incumbent of an office.
PERSONA. Lat In the civil law.
Character, in virtue of which certain rights belong to a man and certain duties are im­posed upon him. Thus one man may unite many characters, (persona,) as, for example, the characters of father and son, of master and servant. Mackeld. Rom. Law, § 129.
In ecclesiastical lair. The rector of a church instituted and inducted, for his own life, was called "persona mortalisf and any collegiate or conventual body, to whom the church was forever appropriated, was termed "persona ImmortaUs." Jacob.
—Persona designata. A person pointed out or described as an individual, as opposed to a
person ascertained as a member of a class, or as filling a particular character.—Persona ec-clesise. The parson or personation of the church.—Persona non grata. In internation­al law and diplomatic usage, a person not accept­able (for reasons peculiar to himself) to the court or government to which it is proposed to accredit him in the character of an ambassador or minister.—Persona standi in judieio. Ca­pacity of standing in court or in judgment; capacity to be a party to an action; capacity or ability to sue.
Persona conjnncta aequiparatur inter-esse proprio. A personal connection [liter­ally, a united person, union with a person] is equivalent to one's own interest; nearness of blood is as good a consideration as one's own interest. Bac. Max. 72, reg.
Persona est homo cum statu quodam oonsideratus. A person is a man consid­ered with reference to a certain status. Heinecc. Elem. 1. 1, tit 3, § 75.
Persona regis mergitur persona duels.
Jenk. Cent 160. The person of duke merges in that of king.
PERSONABLE. Having the rights and powers of a person; able to hold or maintain a plea In court; also capacity to take any­thing granted or given.
Personse vice fungitur municipium et decuria. Towns and boroughs act as if per­sons. Warner v. Beers, 23 Wend. (N. Y.) 103, 144.
PERSONAL. Appertaining to the per­son; belonging to an individual; limited to the person; having the nature or partaking of the qualities of human beings, or of mova­ble property.
As to personal "Action," "Assets," "Chat­tels," "Contract," "Covenant," "Credit," "De­mand," "Disability," "Franchise," "Injury," "Judgment," "Knowledge," "Law," "Liabili­ty," "Liberty," "Notice," "Property," "Re­plevin," "Representatives," "Rights," "Securi­ty," "Service," "Servitude," "Statute," "Tax," "Tithes," "Tort," and "Warranty," gee those titles.
Personal things cannot be done by an­other. Finch, Law, b. 1, c 3, n. 14.
Personal things cannot be granted over. Finch, Law, b. 1, c 3, n. 15.
Personal things die with the person.
Finch, Law, b. 1, c. 3, n. 16.
Personalia personam sequuntur. Per­sonal things follow the person. Flanders v. Cross, 10 Cush. (Mass.) 516.
PERSONALIS ACTIO. Lat In the civil law. A personal action; an action

PERSONALIS ACTIO 896
PESSIMI EXEMPLI

against the person, {in personam.) Dig. 50, 16, 178, 2.
In old English, law. A personal action. In this sense, the term was borrowed from the civil law by Bracton. The English form is constantly used as the designation of one of the chief divisions of civil actions.
PERSONALITER. In old English law. Personally; in person.
PERSONALITY. In modern civil law. The incidence of a law or statute upon per­sons, or that quality which makes it a per­sonal law rather than a real law. "By the personality of laws, foreign jurists generally mean all laws which concern the condition, state, and capacity of persons." Story, Confl. Laws, § 16.
PERSONALTY. Personal property; movable property; chattels.
An abstract of personal. In old practice, an action was said to be in the personalty, where it was brought against the right per­son or the person against whom In law It lay. Old Nat Brev. 92; Cowell.
—Quasi personalty. Things which are mov­able in point of law, though fixed to things real, either actually, as emblements, (fructus indus-triales,) fixtures, etc.; or fictitiously, as chat­tels-real, leases for years, etc.
PERSONATE. In criminal law. To as­sume the person (character) of another, with­out his consent or knowledge, in order to de­ceive others, and, In such feigned character, to fraudulently do some act or gain some advantage, to the harm or prejudice of the person counterfeited. See 2 East, P. C. 1010.
PERSONERO. In Spanish law. An at­torney. So called because he represents the person of another, either in or out of court Las Partidas, pt 3, tit 5, 1.1.
PERSONNE. Fr. A person. This term is applicable to men and women, or to either. Civ. Code Lat art. 3522, § 25.
Perspicna vera non sunt probanda.
' Co. Litt 16. Plain truths need not be proved.
PERSUADE, PERSUADING. To per­suade is to induce to act Persuading is in­ducing others to act. Crosby v. Hawthorn, 25 Ala. 221; Wilson v. State, 38 Ala. 411; Nash v. Douglass, 12 Abb. Prac. (N. S.) (N. T.) 190.
PERSUASION. The act of persuading; the act of influencing the mind by arguments ©r reasons offered, or by anything that moves the mind or passions, or inclines the will to a determination. See Marx v. Threet 131 Ala. 340, 30 South. 831.
PERTAIN. To belong or relate to, wheth­er by nature, appointment or custom. See
People v. Chicago Theological Seminary, 174 111. 177, 51 N. B. 198.
PERTENENCIA. In Spanish law. The claim or right which one has to the property In anything; the territory which belongs to any one by way of jurisdiction or property; that which is accessory or consequent to a principal thing, and goes with the ownership of it, as when it is said that such an one buys such an estate with all its appurtenances, (pertenencias.) Escriche. See Castillero v. United States, 2 Black. 17, 17 L. Ed. 360.
PERTICATA TERRS. The fourth part of an acre. Cowell.
PERTICULAS. A pittance; a small por­tion of alms or victuals. Also certain poor scholars of the Isle of Man. Cowell.
PERTINENT. Applicable; relevant Evidence is called "pertinent" when it is di­rected to the issue or matters In dispute, and legitimately tends to prove the allegations of the party offering it; otherwise it is called "impertinent." A pertinent hypothesis is one which, if sustained, would logically influence the issue. Whitaker v. State, 106 Ala. 30, 17 South. 456.
PERTINENTS. In Scotch law. Appur­tenances. "Parts and pertinents" are formal words in old deeds and charters. 1 Forb. Inst, pt 2, pp. 112, 118.
PERTURBATION. In the English ec­clesiastical courts, a "suit for perturbation of seat" is the technical name for an action growing out of a disturbance or Infringement of one's right to a pew or seat in a church. 2 Phillim. Ecc. Law, 1813.
PERTURBATRIX. A woman who breaks the peace.
PERVERSE VERDICT. A verdict whereby the jury refuse to follow the direc­tion of the judge on a point of law.
PERVISE, PARVISE. In old English law. The court or yard of the king's palace at Westminster. Also an afternoon exer­cise or moot for the instruction of students. Cowell; Blount
PESA. A weight of two hundred and fifty-six pounds. Cowell.
PESAGE. In England. A toll charged for weighing avoirdupois goods other than wool. 2 Chit Com. Law, 16.
PESQUISIDOR. In Spanish law. Coro­ner. White, New Recop. b. 1, tit 1, § 3.
PESSIMI EXEMPLI. Lat Of the
worst example.

PESSONA
897
PETITORY ACTION

PESSONA. Mast of oaks, etc., or money taken for mast, or feeding hogs. Cowell.
PESSURABLE WARES. Merchandise which takes up a good deal of room in a ship. Cowell.
PETENS. Lat In old English law. A demandant; the plaintiff in a real action. Bract fols. 102, 1066.
PETER-PENCE. An ancient levy or tax of a penny on each house throughout Eng­land, paid to the pope. It was called "Peter-pence," because collected on the day of St. Peter, ad vinculo,; by the Saxons it was called "Rome-f eoh," "Rome-scot," and "Rome-pennying," because collected and sent to Rome; and, lastly, it was called "hearth money," because every dwelling-house was liable to it, and every religious house, the abbey of St Albans alone excepted. Whar­ton.
PETIT. Fr. Small; minor; inconsider­able. Used in several compounds, and some­times written "petty."
—Petit cape. A judicial writ, issued in the old1 actions for the recovery t>f land, requiring the sheriff to take possession of the estate, where the tenant, after having appeared in answer to the summons, made default in a subsequent stage of the proceedings.
As to petit "Jury," "Larceny," "Sergeanty," and "Treason," see those titles.
PETITE ASSIZE. Used in contradistinc­tion from the grand assize, which was a jury to decide on questions of property. Petit* assize, a jury to decide on questions of pos­session. Britt. c. 42; Glan. lib. 2, cc. 6, 7.
PETITIO. Lat. In the civil law. The
plaintiff's statement of his cause of action in an action in rem. Calvin.
In old English law. Petition or demand; the count in a real action; the form of words in which a title to land was stated by the de­mandant, and which commenced with the word "peto." 1 Reeve, Eng. Law, 176.
PETITIO PRINCIPII. In logic. Beg­ging the question, which is the taking of a thing for true or for granted, and drawing conclusions from it as such, when it is really dubious, perhaps false, or at least wants to be proved, before any inferences ought to be drawn from it
PETITION. A written address, embody­ing an application or prayer from the person or persons preferring it to the power, body, or person to whom it is presented, for the exercise of his or their authority in the re­dress of some wrong, or the grant of some favor, privilege, or license.
In practice. An application made to a court ex parte, or where there are no parties Bl.Law Dict.(2d Ed.)—57
in opposition, praying for the exercise of the judicial powers of the (court in relation to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for leave to sell trust property, etc.
The word "petition" is generally used in ju­dicial proceedings to describe an application in writing, in contradistinction to a motion, which may be viva voce. Bergen v. Jones, 4 Mete. (Mass.) 371.
In the practice of some of the states, the word "petition" is adopted as the name of that initiatory pleading in an action which is elsewhere called a "declaration" or "com­plaint." See Code Ga. 1882, § 3332.
In equity practice. An application in writing for an order of the court, stating the circumstances upon which it is founded; a proceeding resorted to whenever the nature of the application to the court requires a full­er statement than can be conveniently made in a notice of motion. 1 Barb. Ch. Pr. 578.
—Petition de droit. L. Fr. In English prac­tice. A petition of right; a form of proceed­ing to obtain restitution from the crown of ei­ther real or personal property, being of use where the crown is in possession of any here­ditaments or chattels, and the petitioner sug­gests such a right as controverts the title of the crown, grounded on facts disclosed in the pe­tition itself. 3 Bl. Comm. 256.—Petition in bankruptcy. A paper filed in a court of bank­ruptcy, or with the clerk, by a debtor praying for the benefits of the bankruptcy act, or by creditors alleging the commission of an act oi bankruptcy by their debtor and praying an ad­judication of bankruptcy against him.—Petition of right. In English law. A proceeding in chancery by which a subject may recover prop­erty in the possession of the king. See Peti­tion DE Deoit.—Petition of rights. A par­liamentary declaration of the liberties of the people, assented to by King Charles I. in 1629. It is to be distinguished from the bill of rights, (1689,) which has passed into a permanent con­stitutional statute. Brown.
PETITIONER. One who presents a pe­tition to a court, officer, or legislative body. In legal proceedings begun by petition, the person against whom action or relief is prayed, or who opposes the prayer of the pe­tition, is called the "respondent"
PETITIONING CREDITOR. The cred­itor at whose instance an adjudication of bankruptcy is made against a bankrupt.
PETITORY ACTION. A droitural ac­tion ; that is, one in which the plaintiff seeks to establish and enforce, by an appropri­ate legal proceeding, his right of property, or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point in litigation, and not the mere right of property. The term is chiefly used in admiralty. 1 Kent, Comm. 371; The Tilton, 5 Mason, 465, Fed. Cas. No. 14,054.
In Scotch law. Actions in which dam­ages are sought

PETO
898
PICKETING

PETO. Lat In Roman law. I request A common word by which a fldeicommis-sum, or trust, was created in a will. Inst 2, 24, 3.
PETRA. A stone weight. OowelL
PETTIFOGGER. A lawyer who is em­ployed in a small or mean business, or who carries on a disreputable business by unprin­cipled or dishonorable means.
"We think that the term 'pettifogging shyster' needed no definition by witnesses before the jury. This combination of epithets, every lawyer and citizen knows, belongs to none but unscrupulous practitioners who disgrace their profession by doing mean work, and resort to sharp practice to do it." Bailey v. Kalamazoo Pub. Co., 40 Mich. 256.
PETTY. Small, minor, of less or incon­siderable importance. The English form of "petit," and sometimes used instead of that word in such compounds as "petty jury," "petty larceny," and "petty treason." See Petit.
—Petty bag office. In English law. An of­fice in the court of chancery, for suits against attorneys and officers of the court, and for pro­cess and proceedings by extent on statutes, re­cognizances, ad quod damnum, and the like. Termes de la Ley.—Petty officers. Inferior officers in the naval service, of various ranks and kinds, corresponding to the non-commis­sioned officers in the army. See U. S. v. Fuller, 160 U. S. 593, 16 Sup. Ct. 386, 40 L. Ed. 549.
As to petty "Average," "Constable," and "Sessions," see those titles.
FEW. An inclosed seat in a church. O'Hear v. De Goesbriand, 33 Vt. 606, 80 Am. Dec. 653; Trustees of Third Presbyterian Congregation v. Andruss, 21 N. J. Law, 328; Gay v. Baker, 17 Mass. 435, 9 Am. Dec. 159,
PHAROS. A watch-tower, light-house, or sea-mark.
PHLEBITIS. In medical jurisprudence. An inflammation of the veins, which may originate in septicemia (bacterial blood-poisoning) or pyemia, (poisoning from pus), and is capable of being transmitted to other tissues, as, the brain or the muscular tissue of the heart In the latter case, an inflam­mation of the heart is produced which is called "endocarditis" and which may result fatally. See Succession of Bidwell, 52 La. Ann. 744, 27 South. 281.
PHOTOGRAPHER. Any person who makes for sale photographs, ambrotypes, daguerrotypes, or pictures, by the action of light Act Cong. July 13, 1866, {9; 14 St at Large, 120.
PHYLASIST. A jailer.
PHYSICAL. Relating or pertaining to the body, as distinguished from the mind or soul or the emotions; material, substantive, having an objective existence, as distinguish-
ed from imaginary or fictitious; real, having relation to facts, as distinguished from moral or constructive.
—Physical disability. See Disability.— Physical fact. In the law of evidence. A fact having a physical existence, as distinguish­ed from a mere conception of the mind; one which is visible, audible, or palpable; such as the sound of a pistol shot, a man running, im­pressions of human feet on the ground. Burrill, Circ. Bv. 130. A fact considered to have its seat in some inanimate being, or, if in an ani­mate being, by virtue, not of the qualities by which it is constituted animate, but of those which it has in common with the class of in­animate beings. 1 Benth. Jud. Ev. 45 —Physi­cal force. Force applied to the body; actual violence. State v. Wells, 31 Conn. 212.—Phy­sical incapacity. In the law of marriage and divorce, impotence, inability to accomplish sexual coition, arising from incurable physical imperfection or malformation. Anonymous, 89 Ala. 291, 7 South. 100, 7 L. R. A. 425, 18 Am. St. Rep 116; Franke v. Franke (Cal.) 31 Pac. 574, 18 D. R. A. 375.—Physical injury. Bod­ily harm or hurt, excluding mental distress, fright, or emotional disturbance. Deming v. Chicago, etc., R. Co., 80 Mo. App. 157.—Physi­cal necessity. A condition in which a per­son is absolutely compelled to act in a particu­lar way by overwhelming superior force; as distinguished from moral necessity, which arises where there is a duty incumbent upon a ration­al being to perform, which he ought at the time to perform. The Fortitude, 3 Sumn. 248, Fed. Cas. No. 4,953.
PHYSICIAN. A practitioner of medi­cine ; a person duly authorized or licensed to treat diseases; one lawfully engaged in the practice of medicine, without reference to any particular school. State v. Beck, 21 R. I. 288, 43 Atl. 366, 45 L. R. A. 269; Raynor v. State, 62 Wis. 289, 22 N. W. 430; Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501, 50 L. R. A. 383.
PIA FRATTS. Lat. A pious fraud; a subterfuge or evasion considered morally justifiable on account of the ends sought to be promoted. Particularly applied to an evasion or disregard of the laws in the interests of religion or religious institutions, such as circumventing the statutes of mort­main.
PIACLE. An obsolete term for an enor­mous crime.
PICAROON. A robber; a plunderer.
PICK-LOCK. An instrument by which locks are opened without a key.
PICK OF LAND. A narrow slip of land running into a corner.
PICKAGE. Money paid at fairs for breaking ground for booths.
PICKERY. In Scotch law. Petty theft; stealing of trifles, punishable arbitrarily. Bell.
PICKETING, by members of a trade union on strike, consists in posting members

PICKLE
899
PIN-MONEY

at all the approaches to the. works struck against, for the purpose of observing and re­porting the workmen going to or coming from the works, and of using such influence as may be in their power to prevent the workmen from accepting work there. See Beck v. Railway Teamsters' Protective Un­ion, 118 Mich. 497, 77 N. W. 13, 42 L. R. A. 407, 74 Am. St. Rep. 421; Cumberland Glass Mfg. Co. v. Glass Bottle Blowers' Ass'n, 59 N. J. Eq. 49, 46 Atl. 208.
PICKLE, PYCLE, or PIGHTEL. A
small parcel of land inclosed with a hedge, which, in some countries, is called a "pingle." Enc. Lond.
PICKPOCKET. A thief who secretly steals money or other property from the per­son of another.
PIEDPOUDBE. See Cotjbt of Pied-poudbe.
PIER. A structure extending from the solid land out into the water of a river, lake, harbor, etc., to afford convenient passage for persons and property to and from vessels along the sides of the pier. Seabright v. Allgor, 69 N. J. Law, 641, 56 Atl. 287.
PIERAGE. The duty for maintaining piers and harbors.
PIGNORATIO. Lat. In the civil law. The contract of pledge; and also the obliga­tion of such contract.
PIGNORATITIA ACTIO. Lat. In the civil law. An action of pledge, or founded on a pledge, which was either directa, for the debtor, after payment of the debt, or con-traria, for the creditor. Heinecc. Elem. lib. 3, tit. 13, §§ 824-826.
PIGNORATIVE CONTRACT. In the
civil law. A contract of pledge, hypotheca­tion, or mortgage of realty.
PIGNORIS CAPIO. Lat. In Roman law. This was the name of one of the legis actiones. It was employed only in certain particular kinds of pecuniary cases, and con­sisted in that the creditor, without prelimi­nary suit and without the co-operation of the magistrate, by reciting a prescribed formula, took an article of property from the debtor to be treated as a pledge or security. The proceeding bears a marked analogy to dis­tress at common law. Mackeld. Rom. Law, f 203: Gaius, bk. 4, §§ 26-29.
PIGNUS. Lat In the civil law. A pledge or pawn; a delivery of a thing to a creditor, as security for a debt. Also a thing delivered to a creditor as security for a debt.
PHiA. In old English law. That side of coined money which was called "pile," be-
cause it was the side on which there was an impression of a church built on piles. Fleta, lib. 1, c 39.
PIIiETTTJS. In the ancient rorest laws. An arrow which had a round knob a little above the head, to hinder it from going far into the mark. Cowell.
PILFER. To pilfer, In the plain and popular sense, means to steal. To charge another with pilfering is to charge him with stealing, and is slander. Becket v. Sterrett, 4 Blackf. (Ind.) 499.
PILFERER. One who steals petty things.
PILLAGE. Plunder; the forcible taking of private property by an invading or con­quering army from the enemy's subjects. American Ins. Co. v. Bryan, 26 Wend. (N. Y.) 573, 37 Am. Dec. 278.
PILLORY. A frame erected on a pillar, and made with holes and movable boards, through which the heads and hands of crim­inals were put
PILOT. A particular officer serving on board a ship during the course of a voyage, and having the charge of the helm and the ship's route; or a person taken on board at any particular place for the purpose of con­ducting a ship through a river, road, or channel, or from or into a port People v. Francisco, 10 Abb. Prac. (N. Y.) 32; State v. Turner, 34 Or. 173, 55 Pac. 92; Chapman r. Jackson, 9 Rich. Law (S. C.) 212; State v. Jones, 16 Fla. 306.
—Branch pilot. One possessing a license, commission, or certificate of competency issued by the proper authority and usually after an examination. U. S. v. Forbes, 25 Fed. Cas. 1141; Petterson v. State (Tex. Cr. R.) 58 S. W. 100; Dean v. Healy, 66 Ga. 503; State v. Follett, 33 La. Ann. 228.
PILOTAGE. The navigation of a ves­sel by a pilot; the duty of a pilot. The charge or compensation allowed for piloting a vessel.
PILOTAGE AUTHORITIES. In Eng­lish law. Boards of commissioners appoint­ed and authorized for the regulation and ap­pointment of pilots, each board having juris­diction within a prescribed district
PIMP-TENTTRE. A very singular and odious kind of tenure mentioned by the old writers, "Wilhelmus Hoppeshort tenet di-midiam virgatam terrce per servitium cus-todiendi sex damisellas, scil. meretrices ad usum domini regis." Wharton.
PIN-MONET. An allowance set apart by a husband for the personal expenses of his wife, for her dress and pocket money.

PINCERNA
900
PIX

PINCERNA. In old English law. But­ler ; the king's butler, whose office it was to select out of the cargo of every vessel laden with wine, one cask at the prow and another at the stern, for the king's use. Fleta, lib. 2, c. 22.
PINNAGE. Poundage of cattle.
PINNER. A pounder of cattle; a pound-keeper.
PINT. A liquid measure of half a quart, or the eighth part of a gallon.
PIONEER PATENT. See Patent.
PIOUS USES. See Chaeitable Uses.
PIPE. A roll in the exchequer; otherwise called the "great roll." A liquid measure containing two hogsheads.
PIRACY. In criminal law. A robbery or forcible depredation on the high seas, without lawful authority, done animo fur-andi, in the spirit and intention of universal hostility. United States v. Palmer, 3 Wheat. 610, 4 L. Ed. 471. This is the definition of this offense by the law of nations. 1 Kent, Comm. 183. And see Talbot v. Janson, 3 Dall. 152, 1 L. Ed. 540; Dole v. Insurance Co., 51 Me. 467; U. S. v. Smith, 5 Wheat. 161, 5 L. Ed. 57; U. S. v. The Ambrose Light (D. C.) 25 Fed. 408; Davison v. Seal-skins, 7 Fed. Cas. 192.
There is a distinction between the offense of piracy, as known to the law of nations, which is justiciable everywhere, and offenses created by statutes of particular nations, cognizable only before the municipal tribunals of such nations. Dole v. Insurance Co., 2 Cliff. 394, 418, Fed. Cas. No. 3,966.
The term is also applied to the illicit re­printing or reproduction of a copyrighted book or print or to unlawful plagiarism from it.
Pirata est hostis humani generis. 3
Inst. 113. A pirate is an enemy of the hu­man race.
PIRATE. A person who lives by piracy; one guilty of the crime of piracy. A sea-rob­ber, who, to enrich himself, by subtlety or open force, setteth upon merchants and oth­ers trading by sea, despoiling them of their loading, and sometimes bereaving them of life and sinking their ships. Ridley, Civil & Ecc. Law, pt. 2, c. 1, § 3.
A pirate is one who acts solely on his own authority, without any commission or authori­ty from a sovereign state, seizing by force, and appropriating to himself without discrimination, every vessel he meets with. Robbery on the high seas is piracy; but to constitute the of­fense the taking must be felonious. Consequent­ly the quo animo may be inquired into. Davi­son v. Seal-skins, 2 Paine, 324, Fed. Cas. No. 3,661.
Pirates are common sea-rovers, without any fixed place of residence, who acknowledge no
sovereign and no law, and support themselves by pillage and depredations at sea; but there are instances wherein the word "ptrata" has been formerly taken for a sea-captain. Spel-man.
PIRATICAIi. "Where the act uses the word 'piratical,' it does so in a general sense; importing that the aggression is un­authorized by the law of nations, hostile in its character, wanton and criminal in its commission, and utterly without any sanc­tion from any public authority or sovereign power. In short, it means that the act be­longs to the class of offenses which pirates are in the habit of perpetrating, whether they do it for purposes of plunder, or for purposes of hatred, revenge, or wanton abuse of power." U. S. v. The Malek Adhel, 2 How. 232, 11 L. Ed. 239.
PIRATICALLY. A technical word which must always be used in an indictment for piracy. 3 Inst. 112.
PISCARY. The right or privilege of fishing. Thus, common of piscary is the right of fishing in waters belonging to an­other person.
FISTAREEN. A small Spanish coin. It is not made current by the laws of the United States. United States v. Gardner, 10 Pet. 618, 9 L. Ed. 556.
PIT. In old Scotch law. An excavation or cavity in the earth in which women who were under sentence of death were drowned.
PIT AND GALLOWS. In Scotch law. A privilege of inflicting capital punishment for theft, given by King Malcolm, by which a woman could be drowned in a pit, (fossa,) or a man hanged on a gallows, (furca.) Bell.
PITCHING-PENCE. In old English law. Money, commonly a penny, paid for pitching or setting down every bag of corn or pack of goods in a fair or market. Cowell.
PITHATISM. In medical jurisprudence. A term of recent introduction to medical science, signifying curability by means of persuasion, and used as synonymous with "hysteria," in effect limiting the scope of the latter term to the description of psychic or nervous disorders which may be cured uniquely by psychotherapy or persuasion. Babinski.
PITTANCE. A slight repast or refec­tion of fish or flesh more than the common allowance; and the pittancer was the officer who distributed this at certain appointed festivals. Cowell.
PIX. A mode of testing coin. The as­certaining whether coin is of the proper standard is in England called "pixing" it;

PIX
901
PLACITUM

and there are occasions on which resort is had for this purpose to an ancient mode of inquisition called the "trial of the pix," be­fore a jury of members of the Goldsmiths' Company. 2 Steph. Comm. 540, note.
—Pix jury. A jury consisting of the members of the corporation of the goldsmiths of the city of London, assembled upon an inquisition of very ancient date, called the "trial of the pix."
PLACARD. An edict; a declaration; a manifesto. Also an advertisement or public notification.
PLACE. An old form of the word "pleas." Thus the "Court of Common Pleas" was sometimes called the "Court of Common Place."
PLACE. This word is a very indefinite term. It is applied to any locality, limited by boundaries, however large or however small. It may be used to designate a coun­try, state, county, town, or a very small por­tion of a town. The extent of the locality designated by it must generally be deter­mined by the connection in which it is used. Law v. Fairfield, 46 Vt. 432.
—Place of contract. The place (country or state) in which a contract is made, ana whose law must determine questions affecting the execution, validity, and construction or the contract. Scudder v. Union Nat. Bank, 91 U. S. 412, 23 L. Ed. 245.—Place of de­livery. The place where delivery is to be made of goods sold. If no place is specified in the contract, the articles sold must, in general, be delivered at the place where they are at the time of the sale. Hatch v. Standard Oil Co., 100 U. S. 134, 25 L. Ed. 554.—Place where. A phrase used in the older reports, being a literal translation of locus in quo, (q. v.)
PLACEMAN. One who exercises a pub­lic employment, or fills a public station.
PLACER. In mining law. A superficial deposit of sand, gravel, or disintegrated rock, carrying one or more of the 'precious metals, along the course or under the bed of a water-course, ancient or current, or along the shore of the sea. Under the acts of con­gress, the term includes all forms of mineral deposits, except veins of quartz or other rock in place. Rev. St. U. S. § 2329 (U. S. Comp. St. 1901, p. 1432). See Montana Coal & Coke Co. v. Livingston, 21 Mont. 59, 52 Pac. 780; Gregory v. Pershbaker, 73 Cal. 109, 14 Pac. 401; Freezer v. Sweeney, 8 Mont 508, 21 Pac. 20.
—Placer claim. A mining claim located on the public domain for the purpose of placer mining, that is, ground within the defined boundaries which contains miueral in its earth. sand, or gravel; ground which includes valu­able deposits not "in place," that is, not fixed in rock, or which are in a loose state. U. S. v. Iron Silver Min. Co., 128 U. S. 673, 9 Sup. Ct. 195, 32 L. Ed. 571; Clipper Min. Co. v. Eli Min. Co., 194 U. S 220, 24 Sup. Ct. 632, 48 L. Ed. 944; Wheeler v. Smith, 5 Wash. 704, 32 Pac. 784.—Placer location. A placer claim located aad occupied on the public do­main.
FLACIT, or PLACITUM. Decree; de­termination.
PLACITA. In old English law. The
public assemblies of all degrees of men where the sovereign presided, who usually consulted upon the great affairs of the king­dom. Also pleas, pleadings, or debates, and trials at law; sometimes penalties, fines, mulcts, or emendations; also the style of the court at the beginning of the record at nisi prius, but this Is now omitted. Cowell.
In the civil law. The decrees or consti­tutions of the emperor; being the expres­sions of his will and pleasure. Calvin.
—Placita commnnia. Common pleas. All civil actions between subject and subject. 3 Bl. Comm. 38, 40.—Placita coronse. Pleas
of the crown. All trials for crimes and mis­demeanors, Wherein the king is plaintiff, on behalf of the people. 3 Bl. Comm. 40.—Pla­cita juris. Pleas or rules of law; "particu­lar and positive learnings of laws;" "Grounds and positive learnings received with the law and set down;" as distinguished from maxims or the formulated conclusions of legal reason. Bac. Max. pref., and reg. 12.
Placita de transgressione contra pa-cem regis, in regno Anglise vi et armis facta, secundum legem et consuetudi-nent Anglise sine brevi regis placitari non debent. 2 Inst. 311. Pleas of tres­pass against the peace of the king in the kingdom of England, made with force and arms, ought not, by the law and custom of England, to be pleaded without the king's writ.
Placita negativa duo exitum non f aci-unt. Two negative pleas do not form an Is­sue. Lofft, 415.
PLACITABILE. In old English law. Pleadable. Spelman.
PLACITAMENTUM. In old records. The pleading'of a cause. Spelman.
PLACITARE. To plead.
PLACITATOR. In old records. A plead­er. Cowell; Spelman.
PLACITORY. Relating to pleas or pleading.
PLACITUM. In old English law. A
public assembly at which the king presided, and which comprised men of all degrees, met for consultation about the great affairs of the kingdom. Cowell.
A court; a judicial tribunal; a lord's court. Placita was the style or title of the courts at the beginning of the old nisi prius record.
A suit or cause in court; a Judicial pro­ceeding; a trial. Placita were divided into placita coronce (crown cases or pleas of the crown, i. e., criminal actions) and placita

PLACITUM
902
PLAT

communia, (common cases or common pleas, i. e., private civil actions.)
A fine, mulct, or pecuniary punishment.
A pleading or plea. In this sense, the term was not confined to the defendant's answer to the declaration, but included all the pleadings in the cause, being nomen gen,' eralissimum. 1 Saund. 388, n. 6.
In the old reports and abridgments, "placi-tum" was the name of a paragraph or sub­division of a title or page where the point decided in a cause was set out separately. It is commonly abbreviated "pi."
In the civil law. An agreement of par­ties ; that which is their pleasure to arrange between them.
An imperial ordinance or constitution; literally, the prince's pleasure. Inst. 1, 2, 6.
A judicial decision; the judgment, decree, or sentence of a court. Calvin.
Placitum aliud personale, aliud reale, aliud mixtnm. Co. Lritt. 284. Pleas [i. e., actions] are personal, real, and mixed.
PLACITUM FRACTUM. A day past or
lost to the defendant. 1 Hen. I. c. 59.
PLACITUM NOMINATUM. The day
appointed for a criminal to appear and plead and make his defense. Cowell.
PLAGIARISM. The act of appropriat­ing the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one's own mind.
PLAGIARIST, or PLAGIARY. One
who publishes the thoughts and writings of another as his own.
PLAGIARTUS. Lat In the civil law. A man-stealer; a kidnapper. Dig. 48, 15, 1; 4 Bl. Comm. 219.
PLAGIUM. Lat In the civil law. Man-stealing; kidnapping. The offense of enticing away and stealing men, children, and slaves. Calvin. The persuading a slave to escape from his master, or the concealing or harboring him without the knowledge of his master. Dig. 48, 15, 6.
PLAGUE. Pestilence; a contagious and malignant fever.
PLAIDEUR. Fr. An obsolete term for an attorney who pleaded the cause of his client; an advocate.
PLAIN STATEMENT is one that may be readily understood, not merely by law­yers, but by all who are sufficiently ac­quainted with the language in which it is written. Mann v. Morewood, 5 Sandf. (N. T.) 557, 564.
PLAINT. In English practice. A pri­vate memorial tendered in open court to the judge, wherein the party injured sets forth his cause of action. A proceeding in inferior courts by which an action is com­menced without original writ. 3 Bl. Comm. 373. This mode of proceeding is commonly adopted in cases of replevin. 3 Stepb, Comm. 666.
In the civil law. A complaint; a form of action, particularly one for setting aside a testament alleged to be invalid. This word is the English equivalent of the Latin "que­rela."
PLAINTIFF. A person who brings an action; the party who complains or sues in a personal action and is so named on the record. Gulf, etc., R. Co. v. Scott (Tex. Civ. App.) 28 S. W. 458; Canaan v. Greenwoods Turnpike Co., 1 Conn. 1.
—Plaintiff in error. The party who sues out a writ of error to review a judgment or other proceeding at law.—Use plaintiff. One for whose use (benefit) an action is brought in the name of another. Thus, where the assign­ee of a chose in action is not allowed to sue in his own name, the action would be entitled "A. B. (the assignor) for the use of C. D. (the assignee) against E. F." In this case, C. D. is called tha "use plaintiff."
PLAN. A map, chart, or design; being a delineation or projection on a plane sur­face of the ground lines of a house, farm, street, city, etc., reduced in absolute length, but preserving their relative positions and proportion. Jenney v. Des Moines, 103 Iowa, 347, 72 N. W. 550; Wetherill v. Pennsyl­vania R, Co., 195 Pa. 156, 45 Atl. 658.
PLANT. The fixtures, tools, machinery, and apparatus which are necessary to carry on a trade or business. Wharton. South­ern Bell Tel. Co. v. D'Alemberte, 39 Fla. 25, 21 South. 570; Sloss-Sheffield Steel Co. v. Mobley, 139 Ala. 425, 36 South. 181; Max­well v. Wilmington Dental Mfg. Co. (C. C.) 77 Fed. 941.
PLANTATION. In English law. A
colony; an original settlement in a new country. See 1 Bl. Comm. 107.
In American law. A farm; a large cul­tivated estate. Used chiefly in the south­ern states.
In North Carolina, "plantation" signifies the land a man owns which he is cultivating more or less in annual crops. Strictly, it designates the place planted; but in wills it is generally used to denote more than the inclosed and cultivated fields, and to take in the necessary woodland, and, indeed, commonly all the land forming the parcel or parcels under culture as one farm, or even what is worked by one set of hands. Stowe v. Davis, 32 N. C. 431.
PLAT, or PLOT. A map, or representa­tion on paper, of a piece of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale. McDaniel y. Mace, 47

PLAY-DEBT 9
Iowa, 510; Burke v. McCowen, 115 Oal. 481, 47 Pac. 367.
PLAY-DEBT. Debt contracted by gam­ing.
PLAZA. A Spanish word, meaning a public square in a city or town. Sachs v. Towanda, 79 111. App. 441.
PLEA. In old English law. A suit or action. Thus, the power to "hold pleas" is the power to take cognizance of actions or suits; so "common pleas" are actions or suits between private persons. And this meaning of the word still appears in the modern declarations, where it is stated, e. g., that the defendant "has been summoned to answer the plaintiff in a plea of debt."
In common-law practice. A pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant. In the strictest sense, the answer which the defendant in an action at law makes to the plaintiffs declaration, and in which he sets up matter of fact as de­fense, thus distinguished from a demurrer, which interposes objections on grounds of law.
In equity. A spacial answer showing or relying upon one or more things as a cause why the suit should be either dismissed or delayed or barred. Mitf. Eq. Pi. 219; Coop. Bq. PI. 223.
A short statement, in response to a bill in equity, of facts which, if inserted in the bill, would render it demurrable; while an answer is a complete statement of the defendant's case, and contains answers to any interrogatories the plaintiff may have administered. Hunt, Eq. pt 1, c. 3.
—Affirmative plea. One which sets up a single fact, not appearing in the bill, or sets up a number of circumstances all tending to establish a single fact, which fact, if existing, destroys the complainant's case. Potts v. Potts (N. J. Ch.) 42 Atl. 1055.—Anomalous plea. One which is partly affirmative and partly neg­ative. Baldwin v. Elizabeth, 42 N. J. Eq. 11, 6 Atl. 275; Potts v. Potts (N. J. Ch.) 42 Atl. 1055—Bad plea. One which is unsound or insufficient in form or substance, or which does not technically answer or correspond with the pleading which preceded it in the action.—Com­mon pleas. Common causes or suits; civil actions brought and prosecuted between sub­jects or citizens, as distinguished from pleas of the crown or criminal cases.—Counter-plea. A plea to some matter incidental to the main object of the suit, and out of the direct line of pleadings. In the more ancient system of pleading, counter-plea was applied to what was, in effect, a replication to aid prayer, (q. v.;) that is, where a tenant for Ufa or other limited interest in land, having an action brought against him in respect to the title to such land, prayed in aid of the lord or rever­sioner for his better defense, that which the de­mandant alleged against either request was called a "counter-plea." Cowell.—Dilatory pleas. See Dilatory.—Double plea. One having the technical fault of duplicity; one consisting of several distinct and independent matters alleged to the7 same point and requiring different answers.—'False plea. A sham plea. See infra. And see People T. McCum-
PLEA
ber, 18 N. Y. 321, 72 Am. Dec. 515; Pierson v. Evans, 1 Wend. (N. Y.) 30.—Foreign plea.
A plea objecting to the jurisdiction of_ a judge, on the ground that he had not cognizance of the subject-matter of the suit. Cowell.—Neg­ative plea. One which does not -undertake to answer the various allegations of the bill, but specifically denies some particular fact or matter the existence of which is essential to entitle the complainant to any relief. See Potts v. Potts (N. J. Ch.) 42 Atl. 1056.—Peremptory pleas. "Pleas in bar" are so termed in con­tradistinction to that class of pleas called "dil­atory pleas." The former, viz., peremptory pleas, are usually pleaded to the merits of the action, with the view of raising a material issue between the parties; while the latter class, viz., dilatory pleas, are generally plead­ed with a view of retarding the plaintiff's pro­ceedings, and not for the purpose qf raising an issue upon which the parties may go to trial and settle the point in dispute. Peremptory pleas are also called "pleas in bar," while dil­atory pleas are said to be in abatement only. Brown.—Plea in abatement. In practice. A plea which goes to abate the plaintiff's ac­tion ; that is, to suspend or put it off for the present. 3. Bl. Comm. 301; Hurst v. Everett (C. C.) 21 Fed. 221; Wilson v. Winchester & P. R. Co. (C. C.) 82 Fed. 18; Middlebrook v. Ames, 5 Stew. & P. (Ala.) 166.—Plea in bar. In practice. A plea which goes to bar the plaintiff's action; that is, to defeat it absolutely and entirely. 1 Burrill, Pr. 162; 3 Bl. Comm. 303; Rawson v. Knight, 71 Me. 102; Norton v. Winter, 1 Or. 48, 62 Am. Dec. 297; Wilson v. Knox County, 132 Mo. 387, 34 S. W. 45.— Plea in discharge. One which admits that the plaintiff had a cause of action, but shows that it was discharged by some subsequent or collateral matter, as, payment or accord and satisfaction. Nichols v. Cecil, 106 Tenn. 455, 61 S. W. 768.—Plea in reconvention. In the civil law. A plea which sets up new mat­ter, not in defense to the action, but by way of cross-complaint, set-off, or counterclaim.— Plea of release. One which admits the cause of action, but sets forth a release subsequently executed by the party authorized to release the claim. Landis v. Morrissey, 69 Cal. 83, 10 Pac. 258.—Plea side. The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from its criminal or crown department. Thus the court of king's bench is said to have a plea side and a crown or criminal side; the one branch or department of it being devoted to the cognizance of civil actions, the other to criminal proceed­ings and matters peculiarly concerning the crown. So the court of exchequer is said to have a plea side and a crown side; the one being appropriated to civil actions, the other to matters of revenue. Brown.—Pleas of the crown. In English law. A phrase now em­ployed to signify criminal causes, in which the king is a party. Formerly it signified royal causes for offenses of a greater magnitude than mere misdemeanors.—Pleas roll. In English practice. A record upon which are entered all the pleadings in a cause, in their regular order, and the issue.—Pure plea. In equity pleading. One which relies wholly on some matter outside those referred to in the bill; as a plea of a release on a settled ac­count.—Sham plea. A false plea; a plea of false or fictitious matter, subtly drawn so as to entrap an opponent, or create delay. 8 Chit. Pr. 729, 730. A vexatious or false de­fense, resorted to under the old system of plead­ing for purposes of delay and annoyance. Steph. PI. 383. Mr. Chitty defines sham pleas to be pleas so palpably and manifestly untrue that the court will assume them to be so; pleas manifestly absurd. When answers or defenses admit of lawyer-like argument, such

PLEA
904
PLEADING

as courts should listen to, they are not "sham," in the sense of the statute. When, it needs argument to prove that an answer or demurrer is frivolous, it is not frivolous, and should not be stricken off. To warrant this summary mode of disposing of a defense, the mere read­ing of the pleadings should be sufficient to dis­close, without deliberation and without a doubt, that the defense is sham or irrelevant. Cottrill v. Cramer, 40 Wis. 559.—Special plea. A special kind of plea in bar, distinguished by this name from the general issue, and consisting usually of some new affirmative matter, though it may also be in the form of a traverse or de­nial. See Steph. PI. 52, 162; Allen v. New Haven & N. Co., 49 Conn. 245.—Special plea in bar. One which advances new matter. It differs from the general, in this: that the latter denies some material allegation, but nev­er advances new matter. Gould, PI. c. 2, § 38.
PLEAD. To make, deliver, or file any pleading; to conduct the pleadings in a cause. To interpose any pleading in a suit which contains allegations of fact; in this sense the word is the antithesis of "demur." More particularly, to deliver in a formal manner the defendant's answer to the plain­tiff's declaration, or to the indictment, as the case may be.
To appear as a pleader or advocate in a cause; to argue a cause in a court of jus­tice. But this meaning of the word is not technical, but colloquial.
—Plead a statute. Pleading a statute is stating the facts which bring the case within it; and "counting" on it, in the strict language of pleading, is making express reference to it by apt terms to show the source of right relied on. McCullough v. Colfax County, 4 Neb. (Unof.) 543, 95 N. W. 31.—Plead issuably. This means to interpose such a plea as is cal­culated to raise a material issue, either of law or of fact.—Plead over. To pass over, or omit to notice, a material allegation in the last pleading of the opposite party; to pass by a defect in the pleading of the other party with­out taking advantage of it In another sense, to plead the general issue, after one has inter­posed a demurrer or special plea which has been dismissed by a judgment of respondeat ouster. —Plead to the merits. This is a phrase of long standing and accepted usage in the law, and distinguishes those pleas which answer the cause of action and on which a trial may be had from all pleas of a different character. Rahn v. Gunnison, 12 Wis. 529.
PLEADED. Alleged or averred, inform, in a judicial proceeding.
It more often refers to matter of defense, but not invariably. To say that matter in a declaration or replication is not well pleaded would not be deemed erroneous. Abbott.
PLEADER. A person whose business it is to draw pleadings. Formerly, when plead­ing at common law was a highly technical and difficult art, there was a class of men known as "special pleaders not at the bar," who held a position intermediate between counsel and attorneys. The class is now al­most extinct, and the term "pleaders" is generally applied, in England, to junior mem­bers of the common-law bar. Sweet.
—Special pleader. In English practice. A person whose professional occupation is to give
verbal or written opinions upon statements made verbally or in writing, and to draw pleadings, civil or criminal, and such practical proceedings as may be out of the usual course. 2 Chit Pr. 42.
PLEADING. The peculiar science or system of rules and principles, established in the common law, according to which the pleadings or responsive allegations of liti­gating parties are framed, with a view to preserve technical propriety and to produce a proper issue.
The process performed by the parties to a suit or action, in alternately presenting written statements of their contention, each responsive to that which precedes, and each serving to narrow the field of controversy, until there evolves a single point, affirmed on one side and denied on the other, called the "issue," upon which they then go to trial.
The act or step of interposing any one of the pleadings in a cause, but particularly one on the part of the defendant; and, in the strictest sense, one which sets up allegations of fact in defense to the action.
The name "a pleading" is also given to any one of the formal written statements of accusation or defense presented by the par­ties alternately in an action at law; the ag­gregate of such statements filed in any one cause are termed "the pleadings."
The oral advocacy of a client's cause in court, by his barrister or counsel, is some­times called "pleading;" but this is a popu­lar, rather than technical, use.
In chancery practice. Consists in mak­ing the formal written allegations or state­ments of the respective parties on the rec­ord to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. PI. § 4, note.
—Double pleading. This is not allowed ei­ther in the declaration or subsequent pleadings. Its meaning with respect to the former is that the declaration must not, in support of a single demand, allege several distinct matters, by any one of which that demand is sufficiently supported. With respect to the subsequent pleadings, the meaning is that none of them is to contain several distinct answers to that which preceded it; and the reason of the rule in each case is that such pleading tends to sev­eral issues in respect of a single claim. Whar­ton.—Special pleading. When the allega­tions (or "pleadings," as they are called) of the contending parties in an action are not of the general or ordinary form, but are of a more complex or special character, they are denomi­nated "special pleadings;" and, when a defend­ant pleads a plea of this description, (i. e., a special plea,) he is said to plead specially, in opposition to pleading the general issue. These terms have given rise to the popular denomina­tion of that science which, though properly called "pleading," is generally known by the name of "special pleading." Brown. The al­legation of special or new matter in opposition or explanation of the last previous averments on the other side, as distinguished from a direct denial of matter previously alleged by the op­posite party. Gould, PL c. 1, § 18. In popular

PLEADINGS
905
PLEDGE

language, the adroit and plausible advocacy of a client's case in court. Stimson, Law Gloss.
PLEADINGS. The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judg­ment of the court. Code Civ. Proc. Cal. S 420.
The Individual allegations of the respec­tive parties to an action at common law, proceeding from them alternately, in the order and under the distinctive names following: The plaintiff's declaration, the defendant's plea, the plaintiff's replication, the defendant's rejoinder, the plaintiff's sur­rejoinder, the defendant's rebutter, the plaintiffs surrebutter; after which they have no distinctive names. Burrill.
The term "pleadings" has a technical and well-defined meaning. Pleadings are written allegations of what is affirmed on the one side, or denied on the other, disclosing to the court or jury having to try the cause the real matter in dispute between the parties. Desnoyer v. Hereux, 1 Minn. 17 (Gil. 1).
PLEBANTTS. In old English ecclesiastic­al law. A rural dean. Cowell.
PLEBEIAN. One who is classed among the common people, as distinguished from the nobles.
PLEBEITY, or PLEBITY. The com­mon or meaner sort of people; the plebeians.
PLEBEYOS. In Spanish law. Com­mons; those who exercise any trade, or who cultivate the soil. White, New Recop. b. 1, tit. 5, c. 3, § 6, and note.
PLEBIANA. In old records. A mother church.
PLEBISCITE. In modern constitutional law, the name "plebiscite" has been given to a vote of the entire people, (that is, the aggregate of the enfranchised individuals composing a state or nation,) expressing their choice for or against a proposed law or en­actment, submitted to them, and which, if adopted, will work a radical change in the constitution, or which is beyond the powers of the regular legislative body. The pro­ceeding is extraordinary, and is generally revolutionary>in its character; an example of which may be seen in the plebiscites sub­mitted to the French , people by Louis Na­poleon, whereby the Second Empire was es­tablished. But the principle of the plebis­cite has been incorporated in the modern Swiss constitution, (under the name of "ref­erendum,") by which a revision of the con­stitution must be undertaken when demand­ed by the vote of fifty thousand Swiss citi­zens. Maine, Popular Govt 40, 96.
PLEBISCITUM. Lat In Roman law. A law enacted by the plebs or commonalty, (that is, the citizens, with the exception of
the patricians and senators,) at the request or on the proposition of a plebeian magis­trate, such as a "tribune." Inst 1, 2, 4.
PLEBS. Lat. In Roman law. The com­monalty or citizens, exclusive of the patri­cians and senators. Inst. 1, 2, 4.
PLEDABLE. L. Fr. That may be brought or conducted; as an action or "plea," as it was formerly called. Britt c. 32.
PLEDGE. In the law of bailment A bailment of goods to a creditor as security for some debt or engagement A bailment or delivery of goods by a debtor to his cred­itor, to be kept till the debt be discharged. Story, Bailm. § 7; Civ. Code La. art 3133; 2 Kent Comm. 577; Stearns v. Marsh, 4 Denio (N. Y.) 229, 47 Am. Dec. 248; Sheridan v. Presas, 18 Misc. Rep. 180, 41 N. Y. Supp. 451; Bank of Rochester v. Jones, 4 N. Y. 507, 55 Am. Dec. 290; Eastman v. Avery, 23 Me. 250; Belden v. Perldns, 78 111. 452; Wil­cox v. Jackson, 7 Colo. 521, 4 Pac. 966; Glou­cester Bank v. Worcester, 10 Pick. (Mass.) 531; Lilienthal v. Ballou, 125 Cal. 183, 57 Pac. 897.
Pledge is a deposit of personal property by way of security for the performance of anoth­er act. Civ. Code Cal. § 2986.
The specific article delivered to the cred­itor in security is also called a "pledge" or "pawn."
There is a clear distinction between mortgages and pledges. In a pledge the legal title remains in the pledgor; in a mortgage it passes to the mortgagee. In a mortgage the mortgagee need not have possession; in a pledge the pledgee must have possession, though it be only con­structive. In a mortgage, at common law, the property on non-payment of the debt passes wholly to the mortgagee; in a pledge the prop­erty is sold, and only so much of the proceeds as will pay his debt passes to the pledgee. A mortgage is a conditional conveyance of prop­erty, which becomes absolute unless redeemed at a specified time. A pledge is not strictly a con­veyance at all, nor need any day of redemption be appointed for it. A mortgagee can sell and deliver the thing mortgaged, subject only to the right of redemption. A pledgee cannot sell and deliver his pawn until the debt is due and payment denied. Bouvier.
There are two varieties of the contract of pledge known to the law of Louisiana, viz., pawn and antichresis; the former relating to chattel securities, the latter to landed se­curities. See Civ. Code La. art 3101; an* see those titles.
—Pledges of prosecution. In old English law. No person could prosecute a civil action without having in the first stage of it two or more persons as pledges of prosecution; and; if judgment was given against the plaintiff, or he deserted his suit, both he and his pledges were liable to amercement to the king pro falso cla-more. In the course of time, however, these pledges were disused, and the names of ficti­tious persons substituted for them, two ideal Eersons, John Doe and Richard Roe, having ecome the common pledges of every suitor; and now the use of such pledges is altogether

PLEDGE
906
PLOW-BOTE

discontinued. Brown.—Pledges to restore.
In England, before the plaintiff in foreign at­tachment can issue execution against the prop­erty in the hands of the garnishee, he must find "pledges to restore," consisting of two householders, who enter into a recognizance for the restoration of the property, as a security for the protection of the defendant; for, as the plaintiff s debt is not proved in any stage of the proceedings, the court guards the rights of the absent defendant by taking security on his behalf, so that if he should afterwards disprove the plaintiff's claim he may obtain restitution of the property attached. Brand. For. Attachm. 93; Sweet.
PLEDGEE. The party to whom goods are pledged, or delivered in pledge. Story, Bailm. § 287.
PLEDGERY. Suretyship, or an under­taking or answering for another. Gloucester Bank v. Worcester, 10 Pick. (Mass.) 531.
PLEDGOR. The party delivering goods in pledge; the party pledging. Story, Bailm. I 287.
PLEGIABILIS. In old English law. That may be pledged; the subject of pledge or security. Fleta, lib. 1, c. 20, § 98.
PLEGH DE PROSEQUENDO. Pledges to prosecute with effect an action of replevin.
PLEGII DE RETORNO HABENDO.
Pledges to return the subject of distress, should the right be determined against the party bringing the action of replevin. 3 Steph. Comin. (7th Ed.) 422».
PLEGIIS ACQUIETANDIS. A writ that anciently lay for a surety against him for whom he was surety, if he paid not the money at the day. Fitzh. Nat. Brev. 137.
PLENA JETAS. Lat In old English law. Full age.
Plena et celeris justitia flat partibus.
4 Inst. 67. Let full and speedy justice be done to the parties.
PLENA PORISFACTURA. A forfeiture of all that one possesses.
PLENA PROBATIO. In the civil law. A term used to signify full proof, (that is, proof by two witnesses,) in contradistinction to semi-plena probatio, which is only a pre­sumption. Cod. 4, 19, 5.
PLENARTY. In English law. Fullness; a state of being full. A term applied to a benefice when full, or possessed by an incum­bent The opposite state to a vacation, or vacancy. Oowell.
PLENARY. Full; entire; complete; un­abridged.
In the ecclesiastical courts, (and in admi­ralty practice,) causes are divided into plena-
ry and summary. The former are those In whose proceedings the order and solemnity of the law is required to be exactly observed, so that if there is the least departure from that order, or disregard of that solemnity, the whole proceedings are annulled. Summary causes are those in which it is unnecessary to pursue that order and solemnity. Brown.
—Plenary confession. A full and complete confession. An admission or confesssion, wheth­er in civil or criminal law, is said to be "ple­nary" when it is, if believed, conclusive against the person making it. Best, Ev. 664; Rose. Crim. Ev. 39.
PLENE. Lat Completely; fully; suffi­ciently.
—Plene administravit. In practice. A plea by an executor or administrator that he has fully administered all the assets that have come to his hands, and that no .assets remain out of which the plaintiff's claim could be satisfied.— Plene administravit praeter. In practice. A plea by an executor or administrator that he has "fully administered" all the assets that have come to his hands, "except" assets to a certain amount, which are not sufficient to satis­fy the plaintiff. 1 Tidd, Pr. 644.—Plene com-putavit. He has fully accounted. A plea in an action of account render, alleging that the defendant has fully accounted.
PLENIPOTENTIARY. One who has full power to do a thing; a person fully commis­sioned to act for another. A term applied in international law to ministers and en­voys of the second rank of public ministers. Wheat. Hist Law Nat 266.
PLENUM DOMINIUM. Lat ' In the civil law. Full ownership; the property in a thing united with the usufruct Calvin.
PLEYTO. In Spanish law. The plead­ings in a cause. White, New Recop. b. 3,
tit 7.
PLIGHT. In old English law. An estate, with the habit and quality of the land; ex­tending to a rent charge and to a possibility of dower. Co. Litt. 2216; Cowell.
PLOK-PENNLN. A kind of earnest used in public sales at Amsterdam. Wharton.
PLOTTAGE. A term used in appraising land values and particularly in eminent do­main proceedings, to designate the addition­al value given to city lots by the fact that they are contiguous, which enables the owner to utilize them as large blocks of land. See In re Armory Board, 73 App. Div. 152, 76 N. Y. Supp. 766.
PLOW-ALMS. The ancient payment of a penny to the church from every plow-land. 1 Mon. Angl. 256.
PLOW-BOTE. An allowance of wood which tenants are entitled to, for repairing their plows and other implements of hus« bandry.

PLOW-LAND
907 PLUS VALET CONSUETUDO

PLOW-LAND. A quantity of land "not of any certain content, but as much as a plow can, by course of husbandry, plow in a year." Co. Litt 69a.
PLOW-MONDAY. The Monday after twelfth-day.
PLOW-SILVER. Money formerly paid by some tenants, in lieu of service to plow the lord's lands.
PLUMBATURA. Lat In the civil law. Soldering. Dig. 6, 1, 23, 5.
PLUMBUM. Lat In the civil law. Lead. Dig. 60, 16, 242, 2.
PLUNDER, v. The most common mean­ing of the term "to plunder" is to take prop­erty from persons or places by open force, and this may be in course of a lawful war, or by unlawful hostility, as in the case of pi­rates or banditti. But in another and very common meaning, though in some degree fig­urative, it is used to express the idea of taking property from a person or place, with­out just right, but not expressing the nature or quality of the wrong done. Carter v. An­drews, 16 Pick. (Mass.) 9; U. S. v. Stone (G. C.) 8 Fed. 246; U. S. v. Pitman, 27 Fed. Cas. 540.
PLUNDER, n. Personal property belong­ing to an enemy, captured and appropriated on land; booty. Also the act of seizing such property. See Boott; Prize.
PLUNDERAGE. In maritime law. The embezzlement of goods on board of a ship is so called.
PLURAL. Containing more than one; consisting of or designating two or more. Webster. —Plural marriage. See Mabbiagk.
Pluralis Humerus est duobus conten-tus. 1 Rolle, 476. The plural number is satisfied by two.
PLURALIST. One that holds more than one ecclesiastical benefice, with cure of souls.
PLURALITER. In the plural. 10 East, 158, arg.
PLURALITY. In the law of elections. The excess of the votes cast for one candi­date over those cast for any other. Where there are only two candidates, he who re­ceives the greater number of the votes cast is said to have a majority; when there are more than two competitors for the same of­fice, the person who receives the greatest number of votes has a plurality, but he has not a majority unless he receives a greater
number of votes than those cast for all his competitors combined.
In ecclesiastical law, "plurality" means the holding two, three, or more benefices by the same incumbent; and he is called a "plural­ist." Pluralities are now abolished, except in certain cases. 2 Steph. Comm. 691, 692.
Plures cohseredes sunt quasi unum corpus propter unitatem juris quod ha-bent. Co. Litt. 163. Several co-heirs are, as it were, one body, by reason of the unity of right which they possess.
Plures participes suut quasi unum cor­pus, in eo quod unum jus habent. Co.
Litt. 164. Several parceners are as one body, in that they have one right.
PLURIES. Lat Often; frequently. When an original and alias writ have been issued and proved ineffectual, a third writ called a "pluries writ" may frequently ba issued. It is to the same effect as the two-former, except that it contains the words,. "as we have often commanded you," ("sicut pluries prwcepimus") after the usual com­mencement, "We command you." 3 Bl. Comm. 283; Archb. Pr. 585.
PLURIS PETITIO. Lat In Scotch practice. A demand of more than is due. Bell.
Plus exempla quam peccata nocent.
Examples hurt more than crimes.
Plus peccat author quam actor. The
originator or instigator of a crime is a worse offender than the actual perpetrator of it 5 Coke, 99a. Applied to the crime of suborna­tion of perjury. Id.
PLUS PETITIO. In Roman law. A phrase denoting the offense of claiming more than was just in one's pleadings. This more might be claimed in four different respects, viz.: (1) Re, i. e., in amount (e. g., £50 for £5;) (2) loco, i. e., in place, (e. g„ delivery at some place more difficult to effect than the place specified;) (3) tempore, i. e., in time, (e. g., claiming payment on the 1st of Au­gust of what is not due till the 1st of Septem­ber;) and (4) causa, i. e., in quality, (e. g.t claiming a dozen of champagne, wjien the con­tract was only for a dozen of wine generally.) Prior to Justinian's time, this offense was in general fatal to the action; but, under the legislation of the emperors Zeno and Justin­ian, the offense (if re, loco, or causa) exposed the party to the payment of three times the damage, if any, sustained by the other side, and (if tempore) obliged him to postpone his action for double the time, and to pay the costs of his first action before commencing a second. Brown.
Plus valet consuetudo quam concessio.
Custom is more powerful than grant

PLUS TALET UNUS OOULATUS 908
POLE

Pins valet unus oculatus testis quam auriti decern. One eye-witness is of more weight than ten ear-witnesses, [or those who speak from hearsay.] 4 Inst. 279.
Plus vident oculi qnam oculus. Sever­al eyes see more than one 4 Inst. 160.
PO. LO. SUO. An old abbreviation for the words "ponit loco suo," (puts in his place,) used in warrants of attorney. Townsh. PL 481.
POACH. To steal game on a man's land.
POACHING. In English criminal law. The unlawful entry upon land for the pur­pose of taking or destroying game; the tak­ing or destruction of game upon another's land, usually committed at night. Steph. Crim. Law 119, et seq.; 2 Steph. Comm. 82.
POBIiADOR. In Spanish law. A col­onizer ; he who peoples; the founder of a col­ony.
POCKET. This word is used as an adjec­tive in several compound legal phrases, carry­ing a meaning suggestive of, or analogous to, its signification as a pouch, bag, or secret receptacle. For these phrases, see "Bor­ough," "Judgment," "Record," "Sheriff," and "Veto."
PCENA. Lat Punishment; a penalty. Inst 4, 6, 18, 19.
—Poena corporalis. Corporal punishment— Poena pilloralis. In old English law. Pun­ishment of the pillory. Fleta, lib. 1, a 38, § 11.
Poena ad paucos, metns ad omnes per-nreniat. If punishment be inflicted on a few, a dread comes to all.
Poena ex delicto defnncti hseres te-neri non debet. The heir ought not to be bound by a penalty arising out of the wrong­ful act of the deceased. 2 Inst 198.
Poena non potest, cnlpa perennis erit.
Punishment cannot be, crime will be, per­petual. 21 Vin. Abr. 271.
Poena sues tenere debet actores et non alios. Punishment ought to bind the guilty, and not others. Bract fol. 3806.
Poense potins molliendse quant exas-parandse sunt. 3 Inst. 220. Punishments should rather be softened than aggravated.
PoensB sint restringendse. Punishments should be restrained. Jenk. Gent 29.
PCENALIS. Lat In the civil law. Pen­al; imposing a penalty; claiming or en­forcing a penalty. Actiones pcsnales, penal actions. Inst 4, 6, 12.
FCENITENTIA. Lat In the civil law. Repentance j reconsideration; changing one's
mind; drawing back from an agreement al­ready made, or rescinding it
—Locus pcenitentiae. Boom or place for re-pentence or reconsideration; an opportunity to withdraw from a negotiation before finally con­cluding the contract or agreement. Also, in criminal law, an opportunity afforded by the circumstances to a person who has formed an intention to kill or to commit another crime, giving him a chance to reconsider and relinquish his purpose.
POINDING. The process of the law of Scotland which answers to the distress of the English law. Poinding is of three kinds:
Real poinding or poinding of the ground. This is the action by which a creditor, having a security on the land of his debtor, is ena­bled to appropriate the rents of the land, and the goods of the debtor or his tenants found thereon, to the satisfaction of the debt
Personal poinding. This consists in the seizure of the goods of the debtor, which are sold under the direction of a court of justice, and the net amount of the sales paid over to the creditor in satisfaction of his debt; or, if no purchaser appears, the goods themselves are delivered.
Poinding of stray cattle, committing dep­redations on corn, grass, or plantations, un­til satisfaction is made for the damage. Bell.
POINT. A distinct proposition or ques­tion of law arising or propounded in a case.
—Point reserved. When, in the progress of the trial of a cause, an important or difficult point of law is presented to the court, and the court is not certain of the decision that should be given, it may reserve the point, that is, de­cide it provisionally as it is asked by the par­ty, but reserve its more mature considera­tion for the hearing on a motion for a new trial, when, if it shall appear that the first ruling was wrong, the verdict will be set aside. The point thus treated is technically called a "point reserved."—Points. The distinct propositions of law, or chief heads of argument, presented by a party in his paper-book, and relied upon on the argument of the cause. Also the marks used in punctuation. Duncan v. Kohler, 37 Minn. 379, 34 N. W. 594; Commonwealth Ins. Co. v. Pierro, 6 Minn. 570 (Gil. 404).
POISON. In medical jurisprudence. A substance having an inherent deleterious property which renders it when taken into the system, capable of destroying life. 2 Whart & S. Med. Jur. § L
A substance which, on being applied to the human body, internally or externally, is ca­pable of destroying the action of the vital functions, or of placing the solids and fluids in such a state as to prevent the continuance of life. Wharton. See Boswell v. State, 114 Ga. 40, 39 S. E. 897; People v. Van Deleer, 53 Cal. 148; Dougherty v. People, 1 Colo. 514; State v. Slagle, 83 N. C. 630; United States Mut Ace. Ass'n v. Newman, 84 Va. 52, 3 S. E. 805.
POLE. A measure of length, equal to five yards and a half.

POLICE i
POLICE. Police Is the function of that branch of the administrative machinery of government which Is charged with the pres­ervation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention, detection, and punishment of crimes. See State v. Hine, 59 Conn. 50, 21 Atl. 1024, 10 L. R. A. 83; Monet y. Jones, 10 Smedes & M. (Miss.) 247; Peo­ple v. Squire, 107 N. Y. 593, 14 N. E. 820, 1 Am. St. Rep. 893; Logan v. State, 5 Tex. App. 314.
The police of a state, in a comprehensive sense, embraces its whole system of internal regulation, by which the state seeks not only to preserve the public order and to prevent of­fenses against the state, but also to establish for the intercourse of citizen with citizen those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own, so far as is reasonably consistent with a like enjoyment of rights by •thers. Cooley, Const. Lim. *572.
It is defined by Jeremy Bentham in his works: "Police is in general a system of precaution, either for the prevention of crime or of calam­ities. Its business may be distributed into eight distinct branches: {1) Police for the prevention of offenses; (2) police for the prevention of ca­lamities; (3) police for the prevention of epi­demic diseases; (4) police of charity; (5) police of interior communications; (6) police of public amusements; (7) police for recent intelligence; (8) police for registration." Canal Com'rs v. Willamette Transp. Co., 6 Or. 222. —Police court. The name of a kind of in­ferior court in several of the states, which has a summary jurisdiction over minor offenses and misdemeanors of small consequence, and the powers of a committing magistrate in respect to more serious crimes, and, in some states, a limited jurisdiction for the trial of civil causes. In English law. Courts in which stipendiary magistrates, chosen from barristers of a certain standing, sit for the dispatch of business. Their general duties and powers are the same as those of the unpaid magistracy, except that one of them may usually act in cases which would re­quire to be heard before two other justices. Wharton.—Police de ohargement. Fr. In French law. A bill of lading. Ord. Mar. liv. 3, tit. 2.—Police jury, in Louisiana, is the designation of the board of officers in a parish corresponding to the commissioners or super­visors of a county in other states.—Police jus­tice. A magistrate charged exclusively with the duties incident to the common-law office of a. conservator or justice of the peace; the pre­fix "police" serving merely to distinguish them from justices having also civil jurisdiction. Wenzler v. People, 58 N. Y. 530.—Police mag­istrate. See Magistrate.—Police officer. One of the staff of men employed in cities and towns to enforce the municipal police, t. e., the laws and ordinances for preserving the peace and good order of the community. Otherwise called "policeman."—Police power. The pow­er vested in a state to establish laws and ordi­nances for the regulation and enforcement of its police as above defined. The power vested in the legislature to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and wel­fare of the commonwealth, and of the subjects of the same. Com. v. Alger, 7 Cush. (Mass.) 85. The police power of the state is an author­ity conferred by the American constitutional system upon the individual states, through which they are enabled to establish a special depart­ment of police; adopt such regulations as tend
9 POLICY
to prevent the commission of fraud, violence, or other offenses against the state; aid in the ar­rest of criminals; and secure generally the com­fort, health, and prosperity of the state, by pre­serving the public order, preventing a conflict of rights in the common intercourse of the citi­zens, and insuring to each an uninterrupted en­joyment of all the privileges conferred upon him by the laws of his country. Lalor, Pol. Enc. a. v. It is true that the legislation which se­cures to all protection in their rights, and the equal use and enjoyment of their property, embraces an almost infinite variety of subjects. Whatever affects the peace, good order, morals, and health of the community comes within its scope; and every one must use and enjoy his property subject to the restrictions which such legislation imposes. What is termed the "police power" of the state, which, from the language often used respecting it, one would suppose to be an undefined and irresponsible element in government, can only interfere with the conduct of individuals in their intercourse with each other, and in the use of their property, so far as may be required to secure these objects. Munn v. Illinois, 94 U. & 145, 24 L. Ed. 77. For other definitions, see Slaughterhouse Cases, 16 Wall. 62, 21 L. Ed. 394: Stone v. Missis­sippi, 101 U. S. 818, 25 I*. Ed. 1079; Thorpe v. Rutland & B. R. Co., 27 Vt. 140, 62 Am. Dec. 625; People v. Steele, 231 111. 340, 83 N. E. 236, 14 L. R. A. (N. S.) 361, 121 Am. St. Rep. 321; Dreyfus v. Boone, 88 Ark. 353, 114 S. W. 718; Carpenter v. Reliance Realty Co., 103 Mo. App. 480, 77 S. W. 1004; State v. Dal-ton, 22 R. I. 77, 46 Atl. 234, 48 L. R. A. 775, 84 Am. St Rep. 818; Deems v. Baltimore, 80 Md. 164, 30 Atl. 648, 26 L. R. A. 541, 45 Am. St. Rep. 339; In re Clark, 65 Conn. 17, 31 Atl. 522, 28 L. R. A. 242; Mathews v. Board of Education, 127 Mich. 530, 86 N. W. 1036, 54 L. R. A. 736.—Police regulations. Laws of a state, or ordinances of a municipality, which have for their object the preservation and protection of public peace and good order, and of the health, morals, and security of the peo­ple. State v. Greer, 78 Mo. 194; Ex parte Bourgeois, 60 Miss. 663, 45 Am. Rep. 420; So-nora v. Curtin, 137 Cal. 583, 70 Pac. 674; Roanoke Gas Co. v. Roanoke, 88 Va. 810, 14 S. E. 665.—Police supervision. In England, subjection to police supervision is where a crim­inal offender is subjected to the obligation of notifying the place of his residence and every change of his residence to the chief officer of police of the district, and of reporting himself once ^ a month to the chief officer or his substitute. Offenders subject to police supervi­sion are popularly called "habitual criminals."' Sweet.
POLICIES OF INSURANCE, COURT
OF. A court established in pursuance of the statutes 43 Eliz. c. 12, and 13 & 14 Car. II. c. 23. Composed of the judge of the admiral­ty, the recorder of London, two doctors of the civil law, two common lawyers, and eight merchants; any three of whom, one being a civilian or a barrister, could determine in a summary way causes concerning policies of assurance in London, with an appeal to chan­cery. No longer in existence. 3 Bl. Comm. 74.
POLICY. The general principles by which a government is guided in its manage­ment of public affairs, or the legislature in its measures.
This term, as applied to a law, ordinance, or rule of law, denotes its general purpose or tendency considered as directed to the

POLICY <
welfare or prosperity of the state or com­munity.
—Policy of a statute. The "policy of a stat­ute," or "of the legislature," as applied to a penal or prohibitive statute, means the inten­tion of discouraging conduct of a mischievous tendency. See L E. 6 P. O. 134; 5 Barn. & Aid. 335; Pol. Cont. 235.—Policy of the law. By this phrase is understood the dis­position of the law to discountenance certain classes of acts', transactions, or agreements, or to refuse them its sanction, because it considers them immoral, detrimental to the public welfare, subversive of good order, or otherwise contrary to the plan and purpose of civil regulations. —Public policy. The principles under which the freedom of contract or private dealings is restricted by law for the good of the community. Wharton. The term "policy," as applied to a statute, regulation, rule of law, course of ac­tion, or the like, refers to its probable effect, tendency, or object, considered with reference to the social or political well-being of the state. Thus, certain classes of acts are said to be "against public policy," when the law refuses to enforce or recognize them, on the ground that they have a mischievous tendency, so as to be injurious to the interests of the state, apart from illegality or immorality. Sweet And see Egerton v. Earl Brownlow, 4 H. L. Cas. 235; Smith v. Railroad Co., 115 Oal. 584, 47 Pac. 582, 35 L. R. A. 309, 56 Am. St. Rep. 119; Tarbell v. Railroad Co., 73 Vt. 347, 51 Atl. 6, 56 L. R. A. 656, 87 Am. St. Rep. 734; Hart­ford F, Ins. Co. v. Chicago, etc.. R. Co., 175 U. S. 91, 20 Sup. Ct. 33, 44 L. Ed. 84; Enders v. Enders, 164 Pa. 266, 30 Atl. 129, 27 L. R. A. 56, 44 Am. St. Rep. 598; Smith v. Du Bose, 78 Ga. 413, 3 S. E. 309, 6 Am. St. Kep. 260; Billingsley v. Clelland, 41 W. Va. 234, 23 S. E. 812.
POLICY OF INSURANCE. A mercan­tile instrument In writing, by which one par­ty, In consideration of a premium, engages to indemnify another against a contingent loss, by making him a payment in compensation, whenever the event shall happen by which the loss is to accrue. 2 Steph. Comm. 172.
The written instrument in which a con­tract of insurance Is set forth Is called a ?'policy of insurance." Civ. Code Cal. § 2586.
—Blanket policy. A policy of fire insurance which contemplates that the risk is shifting, fluctuating, or varying, and is applied to a class of property rather than to any particular article or thing. Insurance Co. v. Baltimore Ware­house Co., 93 U. S. 541, 23 L. Ed. 868.—En­dowment policy. In life insurance. A pol­icy the amount of which is payable to the as­sured himself at the end of a fixed term of years, if he is then living, or to his heirs or a named beneficiary if he shall die sooner.— Floating policy. A policy of fire insurance not applicable to any specific described goods, but to any and all goods which may at the time of the fire be in a certain building.—Interest policy* One where the assured has a real, substantial, and assignable interest in the thing insured; as opposed to a wager policy—Mixed policy. A policy of marine insurance in which not only the time is specified for which the risk is limited, but the voyage also is described by its local termini; as opposed to policies of in­surance for a particular voyage, without any limits as to time, and also to purely time pol­icies, in which there is no designation of local termini at all. Mozley & Whitley. And see Wilkins v. Tobacco Ins. Co., 30 Ohio, 340, 27 Am. Rep. 455.—Open policy. In insurance. One in which the value of the subject insured is not fixed or agreed upon in the policy, as
POLITICAL
between the assured and the underwriter, but is left to be estimated in case of loss. The term is opposed to "valued policy," in which the value of the subject insured is fixed for the purpose of the insurance, and expressed on the face of the policy. Mozley & Whitley. Riggs v. Fire Protection Ass'n, 61 S. C. 448, 39 S. E. 614; Cox v. Insurance Co., 3 Rich. Law, 33,1, 45 Am. Dec. 771; Insurance Co. v. But­ler, 38 Ohio St. 12a But this term is also sometimes used in America to describe a policy in which an aggregate amount is expressed in the body of the policy, and the specific amounts and subjects are to be indorsed from time to time. London Assur. Corp. v. Paterson, 106 Ga. 538, 32 S. E. 650.—Paid-up policy. In life insurance. A policy on which no further payments are to be made in the way of annual premiums.—Time policy. In fire insurance, one made for a defined and limited time, as, one year. In marine insurance, one made for a particular period of time, irrespective of the voyage or voyages upon which the vessel may be engaged during that period. Wilkins v. To­bacco Ins. Co., 30 Ohio St. 339, 27 Am. Rep. 455; Greenleaf v. St. Louis Ins. Co., 37 Mo. 29.—Valued policy. One in which the value of the thing insured is settled by agreement be­tween the parties and inserted in the policy. Cushman v. Insurance Co., 34 Me. 491; Riggs v. Insurance Co., 61 S. O. 448, 39 S. E. 614; Luce v. Insurance Co., 15 Fed. Cas. 1071.— Voyage policy. A policy of marine insurance effected for a particular voyage or voyages of the vessel, and not otherwise limited as to time. Wilkins v. Tobacco Ins. Co., 30 Ohio St. 339, 27 Am. Rep. 455.—Wager policy. An insur­ance upon a subject-matter in which the party assured has no real, valuable, or insurable in­terest. A mere wager policy is that in which the party assured has no interest in the thing assured, and could sustain no possible loss by the event insured against, if he had not made such wager. Sawyer v. Insurance Co., 37 Wis. 539; Embler v. Insurance Co., 8 App. Div. 186, 40 N. Y. Supp. 450; Amory v. Gilman, 2 Mass. 1; Gambs v. Insurance Co., 50 Mo. 47.
Politise legibus non leges politiis adap-tandse. Politics are to be adapted to the laws, and not the laws to politics. Hob. 154.
POLITICAL. Pertaining or relating to the policy or the administration of govern­ment, state or national. See People v. Mor­gan, 90 111. 558; In re Kemp, 16 Wis. 396.
—Political arithmetic. An expression some­times used to signify the art of making calcula­tions on matters relating to a nation; the rev­enues, the value of land and effects; the produce of lands and manufactures; the population, and the general statistics of a country. Wharton. —Political corporation. A public or munic­ipal corporation; one created for political pur­poses, and having for its object the administra­tion of governmental powers of a subordinate or local nature. Winspear v. Holman Dist. Tp., 37 Iowa, 544; Auryansen v. Hackensack Imp. Com'n, 45 N. J. Law, 115; Curry v. District Tp., 62 Iowa, 102, 17 N. W. 191.—Political economy. The science which describes the methods and laws of the production, distribution, and consumption of wealth, and treats of eco­nomic and industrial conditions and laws, and the rules and principles of rent, wages, capital, la­bor, exchanges, money, population, etc. The sci­ence which determines what laws men ought to adopt in order that they may, with the least pos­sible exertion, procure the greatest abundance of things useful for the satisfaction of their wants, may distribute them justly, and consume them rationally. De Laveleye, Pol. Econ. The sci­ence which treats of the administration of the revenues of a nation, or the management and

POLITICAL
911
POLYGAMY

regulation of its resources, and productive prop­erty and labor. Wharton.—Political law. That branch of jurisprudence which treats of the science of politics, or the organization and administration of government.—Political lib­erty. See Liberty.—Political offenses. As a designation of a class of crimes usually ex­cepted from extradition treaties, this term de­notes crimes which are incidental to and form a part of political disturbances; but it mi?ht also be understood to include offenses consist­ing in an attack upon the political order of things established in the country where com­mitted, and even to include offenses committed to obtain any political object. 2 Steph. Crim. Law, 70.—Political office. See Office.— Political questions. Questions of which the courts of justice will refuse to take cognizance, or to decide, on account of their purely political character, or because their determination would involve an encroachment upon the executive or legislative powers; e. g., what sort of govern­ment exists in a state, whether peace or war exists, whether a foreign country has become an independent state, etc. Luther v. Borden, 7 How. 1, 12 L. Ed. 581; Kenneth v. Chambers, 14 How. 38, 14 L. Ed. 316; U. S. v. 129 Pack­ages, Fed. Cas. No. 15,941.—Political rights. Those which may be exercised in the formation or administration of the government. People ?. Morgan, 90 111. 563. Rights of citizens es­tablished or recognized by constitutions which give them the power to participate directly or indirectly in the establishment or administra­tion of government. People v. Barrett, 203 111. 99, 67 N. B. 742, 96 Am. St. Rep. 296; People v. Washington, 36 Cal. 662; Winnett v. Adams, 71 Neb. 817, 99 N. W. 684.
POLITICS. The science of government; the art or practice of administering public affairs.
POUTT. The form of government; civ­il constitution.
POLL, v. In practice. To single out, one by one, of a number of persons. To examine each juror separately, after a verdict has been given, as to his concurrence in the ver­dict 1 Burrill, Pr. 238.
POLL, n. A head; an individual person; a register of persons. In the law of elec­tions, a list or register of heads or individ­uals who may vote in an election; the ag­gregate of those who actually cast their votes at the election, excluding those who stay away. De Soto Parish v. Williams, 49 La. Ann. 422, 21 South. 647, 37 L. R. A. 761. See, ?also, Polls.
POLL, adj. Cut or shaved smooth or •even; cut in a straight line without indenta­tion. A term anciently applied to a deed, -and still used, though with little of its for­mer significance. 2 Bl. Comm. 296.
POLL-MONEY. A tax ordained by act of parliament, (18 Car. II. c. 1,) by which every subject in the kingdom was assessed by the head or poll, according to his degree. Oowell. A similar personal tribute was more anciently termed "poll-silver."
POLL-TAX. A capitation tax; a tax of « specific sum levied upon each person with-
in the jurisdiction of the taxing power and within a certain class (as, all males of a cer­tain age, etc.) without reference to his prop­erty or lack of it, See Southern Ry. Co. v. St Clair County, 124 Ala. 491, 27 South. 23; Short v. State, 80 Md. 392, 31 Atl. 322, 29 L. R. A. 404; People v. Ames, 24 Colo. 422, 51 Pac. 426.
POLLARDS. A foreign coin of base met­al, prohibited by St. 27 Edw. I. c. 3, from being brought into the realm, on pain of for­feiture of life and goods. 4 Bl. Comm. 98. It was computed at two pollards for a ster­ling or penny. Dyer, 826.
POLLENGERS. Trees which have been lopped; distinguished from timber-trees. Plowd. 649.
POLLICITATION. In the civil law. An offer not yet accepted by the person to whom It is made. Langd. Cont § 1. SeeMcCul-loch v. Eagle Ins. Co., 1 Pick. (Mass.)'283.
POLLIGAR, POLYGAE. In Hindu law. The head of a village or district; also a mili­tary chieftain in the peninsula, answering to -a hill zemindar in the northern drears. Wharton.
POLLING THE JURY. To poll a jury Is to require that each juror shall himself declare what is his verdict
POLLS. The place where electors cast in their votes.
Heads; Individuals; persons singly consid­ered. A challenge to the polls (in capita) is a challenge to the Individual jurors compos­ing the panel, or an exception to one or more particular jurors. 3 Bl. Comm. 358, 361.
POLYANDRY. The civil condition of having more husbands than one to the same woman; a social order permitting plurality of husbands.
Polygamla est plurium sinvnl virorum nzoramva connu'bium. 3 Inst. 88. Po­lygamy Is the marriage with many husbands or wives at one time.
POLYGAMY. In criminal law. The of­fense of having several wives or husbands at the same time, or more than one wife or hus­band at the same time. 3 Inst. 88. And see Reynolds v. U. S., 98 U. S. 145, 25 L. Ed. 244.
The offense committed by a layman in marrying while a'ny previous wife is living and undivorced; as distinguished from big­amy In the sense of a breach of ecclesiastical law involved In any second marriage by a clerk.
Polygamy, or bigamy, shall consist in knowingly having a plurality of husbands or

POLYGAMY
912
POOL

wives at the same time. Code Ga. 1882, § 4530.
A bigamist or polygamist, in the sense of the eighth section of *the act of congress of March 22, 1882, is a man who, having contracted a bigamous or polygamous marriage, and become the husband at one time, of two or more wives, maintains that relation and status at the time when he offers to be registered as a voter; and this without reference to the question whether he was at any time guilty of the offense of big­amy or polygamy, or whether any prosecution for such offense was barred by the lapse of time; neither is it necessary that he should be guilty of polygamy under the first section of the. act of March 22, 1882. Murphy v. Ramsey, 114 U. S. 16, 5 Sup. Ct. 747, 29 L. Ed. 47; Cannon v. U. S., 116 U. S. 55, 6 Sup. Ct. 278, 29 L. Ed. 561.
Bigamy literally means a second marriage distinguished from a third or other; while polygamy means many marriages,—implies more than two.
POLYGARCHY. A term sometimes used to denote a government of many or several; a government where the sovereignty is shar­ed by several persons; a collegiate or divided executive.
POMARIUM. In old pleading. An ap­ple-tree; an orchard.
POND. A body of stagnant water without an outlet, larger than a puddle and smaller than a lake; or a like body of water with a small outlet. Webster. And see Rockland Water Co. v. Camden & R. Water Co., 80 Me. 544, 15 Atl. 785, 1 L. R. A. 388; Concord Mfg. Co. v. Robertson, 66 N. H. 1, 25 Atl. 718, 18 L. R. A. 679.
A standing ditch cast by labor of man's hand, in his private grounds, for his private use, to serve his house and household with necessary waters; but a pool is a low plat of ground by nature, and is not cast by man's
hand. Call. Sew. 103.
t
—Great ponds. In Maine and Massachusetts, natural ponds having a superficial area of more than ten acres, and not appropriated by the proprietors to their private use prior to a cer­tain date. Barrows v. McDermott, 73 Me. 441; West Roxbury v. Stoddard, 7 Allen (Mass.) 158.—Public pond. In New England, a great pond; a pond covering a superficial area of more than ten acres. Brastow v. Rockport Ice Co., 77 Me. 100; West Roxbury v. Stoddard, 7 Allen (Mass.) 170.
Ponderantur testes, son nnmerantnr. Witnesses are weighed, not counted. 1 Starkie, Ev. 554; Best, Ev. p. 426, § 389; Bakeman v. Rose, 14 Wend. (N. Y.) 105, 109.
PONDUS. In old English law. Pound­age; i. e., a duty paid to the crown accord­ing to the weight of merchandise.
—Pondus regis- The king's weight; the standard weight appointed by the king. Cowell.
PONE. In English practice. An original writ formerly used for the purpose of remov­ing suits from the court-baron or county
court into the superior courts of common law. It was also the proper writ to remove all suits which were before the sheriff by writ of justices. But this writ is now in disuse, the writ of certiorari being the ordinary pro­cess by which at the present day a cause is removed from a county court into any su­perior court. Brown.
PONE PER VADIUM. In English prac­tice. An obsolete writ to the sheriff to sum­mon the defendant to appear and answer the plaintiff's suit, on his putting In sureties to prosecute. It was so called from the words of the writ, "pone per vadium et salvos plegios," "put by gage and safe pledges, A. B., the defendant"
PONENDIS IN ASSISIS. An old writ directing a sheriff to impanel a jury for an assize or real action.
PONENDUM IN BALLIUM. A writ commanding that a prisoner be bailed in cases bailable. Reg. Orig. 133.
PONENDUM SIGIIXUM AD EXCEP-TIONEM. A writ by which justices were required to put their seals to exceptions ex­hibited by a defendant against a plaintiff's evidence, verdict, or other proceedings, be­fore them, according to the statute Westm. 2, (13 Edw. I. St 1, c. 31.)
PONERE. Lat To put place, lay, or set Often used in the Latin terms and phrases of the old law.
PONIT SE SUPER PATRIAM. Lat
He puts himself upon the country. The de­fendant's plea of not guilty in a criminal ac­tion is recorded, In English practice, in these words, or in the abbreviated form "po. se."
PONTAGE. In old English law. Duty-paid for the reparation of bridges; also a due to the lord of the fee for persons or merchan­dises that pass over rivers, bridges, etc Cowell.
PONTIBUS REPARANDIS. An old
writ directed to the sheriff, commanding him to charge one or more to repair a bridge.
POOL. 1. A combination of persons or corporations engaged in the same business, or for the purpose of engaging in a particular business or commercial or speculative ven­ture, where all contribute to a common fund, or place their holdings of a given stock or other security in the hands and control of a managing member or committee, with the object of eliminating competition as between the several members of the pool, or of es­tablishing a monopoly or controlling prices or rates by the weight and power of their combined capital, or of raising or depressing

POOL
913
POROION

prices on the stock market, or simply with a view to the successful conduct of an enter­prise too great for the capital of any mem­ber individually, and on an agreement for the division of profits or losses among the members, either equally or pro rata. Also, a similar combination not embracing the idea of a pooled or contributed capital, but simply the elimination of destructive competition be­tween the members by an agreement to share or divide the profits of a given business or venture, as, for example, a contract between two or more competing railroads to abstain from "rate wars" and (usually) to maintain fixed rates, and to divide their earnings from the transportation of freight in fixed propor­tions. See Green v. Higham, 161 Mo. 333, 61 S. W. 798; Mollyneaux v. Wittenberg, 39 Neb. 547, 58 N. W. 205; Kilbourn v. Thomp­son, 103 U. S. 195, 26 L. Ed. 377; American Biscuit Co. v. Klotz (C. C.) 44 Fed. 725; U. S. v. Trans-Missouri Freight Ass'n, 58 Fed. 65, 7 C. C. A. 15, 24 L. R. A. 73.
2.In various methods of gambling, a "pool" is a sum of money made up of the stakes contributed by various persons, the whole of which is then wagered as a stake oia the event of a race, game, or other con­test, and the winnings (if any) are divided among the contributors to the pool pro rata. Or It is a sum similarly made up by the con­tributions of several persons, each of whom then makes his guess or prediction as to the event of a future contest or hazard, the suc­cessful better taking the entire pool. See Ex parte Powell, 43 Tex. Cr. R* 391, 66 S. W. 298; Com. v. Ferry, 146 Mass. 203, 15 N. E. 484; James v. State, 63 Md. 248; Lacey v. Palmer, 93 Va. 159, 24 S. E. 930, 31 L. R. A. 822, 57 Am. St. Rep. 795; People v. Mc-Cue, 87 App. Div. 72, 83 N. Y. Supp. 1088.
3.A body of standing water, without a current or issue, accumulated in a natural basin or depression in the earth, and not arti­ficially formed.
POOLING CONTRACTS. Agreements between competing railways for a division of the traffic, or for a pro rata distribution of their earnings united into a "pool" or common fund. 15 Fed. 667, note. See Pool.
POOR. As used In law, this term denotes those who are so destitute of property or of the means of support, either from their own labor or the care of relatives, as to be a pub­lic charge, that is, dependent either on the charity of the general public or on mainte­nance at the expense of the public. The term is synonymous with "indigent persons" and "paupers." See State v. Osawkee Tp., 14 Kan. 421, 19 Am. Rep. 99; In re Hoffen's Estate, 70 Wis. 522, 36 N. W. 407; Heuser v. Harris, 42 111. 430; Juneau County v. Wood County. 109 Wis. 330, 85 N. W. 387; Sayres v. Springfield, 8 N. J. Law, 169.
—Poor debtor's oath. An oath allowed, in some jurisdictions, to a person who is arrested Bl.Law Diot.(2d Ed.)—58
for debt. On swearing that he has not property enough to pay the debt, he is set at liberty.— Poor law. That part of the law which relates to the public or compulsory relief of paupers. —Poor-law board. The English official body appointed under St. 10 & 11 Vict. c. 109, pass­ed in 1847, to take the place of the poor-law commissioners, under whose control the general management of the poor, and the funds fqr their relief throughout the country, had been for some years previously administered. The poor-law board is now superseded by the local gov­ernment board, which was established in 1871 by St. 34 & 35 Vict. c. 70. 3 Steph. Comm. 49. —Poor-law guardians. See Guardians of the Poor.—Poor rate. In English law. A tax levied by parochial authorities for the relief of the poor.
POPE. The bishop of Rome, and supreme head of the Roman Catholic Church. 4 Steph. Comm. (7th Ed.) 168-185.
POPE NICHOLAS' TAXATION. The
first fruits (primitiw or annates) were the first year's profits of all the spiritual prefer­ments in the kingdom, according to a rate made by Walter, bishop of Norwich, In the time of Pope Innocent II., and afterwards advanced in value In the time of Pope Nich­olas IV. This last valuation was begun A. D. 1288, and finished 1292, and is still pre­served in the exchequer. The taxes were regulated by it till the survey made in the twenty-sixth year of Henry VIII. 2 Steph. Comm. 567.
POPERY. The religion of the Roman Catholic Church, comprehending doctrines and practices.
POPULACE, or POPULACY. The Vul­gar ; the multitude.
POPULAR ACTION. An action for a statutory penalty or forfeiture, given to any such person or persons as will sue for it; an action given to the people in general. 3 Bl. Comm. 160.
POPULAR SENSE. In reference to the construction of a statute, this term means that sense which people conversant with the subject-matter with which the statute is dealing would attribute to it 1 Exch. Div. 248.
POPULISCITUM. Lat. In Roman law. A law enacted by the people; a law passed by an assembly of the Roman people, In the comitia centuriata, on the motion of a sena­tor; differing from a plebiscitum, in that the latter was always proposed by one of the tribunes.
POPULUS. Lat. In Roman law. The people; the whole body of Roman citizens, including as well the patricians as the ple­beians.
PORCION. In Spanish law. A part or portion; a lot or parcel; an allotment of

PORRECTING
914
PORTMOTE

land. See Downing v. Diaz, 80 Tex. 436, 16 S. W. 49.
PORRECTING. Producing for exam­ination or taxation, as porrecting a bill of costs, by a proctor.
FORT. A place for the lading and un­lading of the cargoes of vessels, and the col­lection of duties or customs upon imports and exports. A place, either on the sea-coast or on a river, where ships stop for the purpose of loading and unloading, from whence they depart, and where they finish. their voyages. The Wharf Case, 3 Bland <Md.) 361; Packwood v. Walden, 7 Mart. N. S. (La.) 88; Devato v. Barrels of Plum­bago (D. C.) 20 Fed. 515; Petrel Guano Co. v. Jarnette (C. C.) 45 Fed. 675; De Longue-mere v. Insurance Co., 10 Johns. (N. Y.) 125.
In French maritime law. Burden, (of a vessel;) size and capacity.
—Foreign port. A foreign port is properly one exclusively within, the jurisdiction of a for­eign nation, hence one without the United States. King v. Parks, 19 Johns. (N. Y.) 375; Bigley v. New York & P. R. S. S. Co. (D. C.) 105 Fed. 74. But the term is also applied to a port in any state other than the state where the vessel belongs or her owner resides. The Can­ada (D. C.) 7 Fed. 124; The Lulu, 10 Wall. 200, 19 L. Ed. 906; Negus v. Simpson, 99 Mass. 393.—Home port. The port at which a vessel is registered or enrolled or where the owner resides.—Port charges, dnes, or tolls. Pe­cuniary exactions upon vessels availing them­selves of the commercial conveniences and priv­ileges of a port.—Port-greve. The chief mag­istrate of a sea-port town is sometimes so call­ed.—Port of delivery. In maritime law. The port which is to be the terminus of any particular voyage, and where the vessel is to unlade or deliver her cargo, as distinguished from any port at which she may touch, during the voyage, for other purposes. The Two Cath­arines, 24 Fed. Cas. 429.—Port of destina­tion. In maritime law and marine insurance, the term includes both ports which constitute the termini of the voyage, the home-port and the foreign port to which the vessel is consigned, as well as any usual stopping places for the receipt or discharge of cargo. Gookin v. New England Mut. Marine Ins. Co., 12 Gray (Mass.) 501, 74 Am. Dec. 609.—Port of discharge, in a policy of marine insurance, means the place where the substantial part of the cargo is dis­charged, although there is an intent to com­plete the discharge at another basin. Bramhall v. Sun Mut. Ins. Co., 104 Mass. 510, 6 Am. Rep. 261.—Port of entry. One of the ports designated by law, at which a custom-house or revenue office is established for the execution of the laws imposing duties on vessels and impor­tations of goods. Cross v. Harrison, 16 How. 164, 14 L. Ed. 889.—Port-reeve, or port-warden. An officer maintained in some ports to oversee the administration of the local regu­lations; a sort of harbor-master.—Port-risk. In marine insurance. A risk upon a vessel while lying in port, and before she has taken her departure upon another voyage. Nelson v. Sun Mut. Ins. Co., 71 N. Y. 459.
PORTATICA. In English law. The generic name for port duties charged to ships. Harg. Law Tract, 64.
PORTEOT7S. In old Scotch practice. A roll or catalogue containing the names of In-
dicted persons, delivered by the justlce-cTerk to the coroner, to be attached and arrested by him. Otherwise called the "Porteous Roll." Bell.
PORTER. 1. In old English law, this title was given to an officer of the courts who carried a rod or staff before the justices.
2.A person who keeps a gate or door; ai the door-keeper of the houses of parliament
3.One who carries or conveys parcels, lug­gage, etc., particularly from one place to an­other in the same town.
PORTERAGE. A kind of duty formerly paid at the English custom-house to those who attended the water-side, and belonged to the package-office; but it is now abolished. Also the charge made for sending parcels.
PORTIO LEGITIMA. Lat In the civil law. The birthright portion; that portion of an inheritance to which a given heir is entitled, and of which he cannot be deprived by the will of the decedent, without special cause, by virtue merely of his relationship to the testator.
PORTION. The share falling to a child from a parent's estate or the estate of any one bearing a similar relation. State v. Crossley, 69 Ind. 209; Lewis's Appeal, 108 Pa. 136; In re Miller's Will, 2 Lea (Tenn.) 57.
Portion is especially applied to payments made to younger children out of the funds comprised in their parents' marriage settle­ment, and in pursuance of the trusts there­of. Mozley & Whitley.
PORTION DISPONIBLE. Fr. In
French law. That part of a man's estate which he may bequeath to other persons than his natural heirs. A parent leaving one le­gitimate child may dispose of one-half only of his property; one leaving two, one-third only; and one leaving three or more, one-fourth only; and it matters not whether the disposition is inter vivos or by will.
PORTIONER. In old English law. A
minister who serves a benefice, together with others; so called because he has only a por­tion of the tithes or profits of the living; also an allowance which a vicar commonly has out of a rectory or impropriation. Cowell.
In Scotch law. The proprietor of a small feu or portion of land. Bell.
PORTIONIST. One who receives a por­tion; the allottee of a portion. One of two or more incumbents of the same ecclesiastical benefice.
PORTMEN. The burgesses of Ipswich and of the Cinque Ports were so called.
PORTMOTE. In old English law. A court held In ports or haven towns, and

PORTORIA
915 POSSESSIO FRATRIS DE FEODO

sometimes In inland towns also. Cowell; Blount
PORTORIA. In the civil law. Duties paid in ports on merchandise. Taxes levied in old times at city gates. Tolls for passing over bridges.
PORTSALE. In old English law. An auction; a public sale of goods to the highest bidder; also a sale of fish as soon as it Is brought into the haven. Cowell.
PORTSOKA, or PORTSOKEN. The
suburbs of a city, or any place within its ju­risdiction. Somner; Cowell.
Portns est loons in qno ezportantur et importantnr meroes. 2 Inst. 148. A port is a place where goods are exported or im­ported.
POSITIVE. Laid down, enacted, or pre­scribed. Express or affirmative. Direct, ab­solute, explicit.
As to positive "Condition," "Evidence," "Fraud," "Proof," and "Servitude," see those titles.
POSITIVE LAW. Law actually and spe­cifically enacted or adopted by proper au­thority for the government of an organized jural society.
"A 'law,' in the sense in which that term is employed in jurisprudence, is enforced by a sovereign political authority. It is thus dis­tinguished not only from all rules which, like the principles of morality and the so-called laws of honor and of fashion, are enforced by an in­determinate authority, but also from all rules enforced by a determinate authority which is either, on the one hand, superhuman, or, on the other hand, politically subordinate. In order to emphasize the fact that 'laws,' in the strict sense of the term, are thus authoritatively im­posed, they are described as positive laws." Holl. Jur. 37.
POSTIVI JURIS. Lat. Of positive law. "That was a rule positivi juris; I do not mean to say an unjust one." Lord Ellen-borough, 12 East, 639.
Posito nno oppositorum, negatur al­teram. One of two opposite positions being affirmed, the other is denied. 3 Rolle, 422.
POSSE. Lat. A possibility. A thing Is said to be in posse when it may possibly be; in esse when it actually is.
POSSE COMITATUS. Lat. The power or force of the county. The entire pbpulation of a county above the age of fifteen, which a sheriff may summon to his assistance in cer­tain cases; as to aid him In keeping the peace, in pursuing and arresting felons, etc. 1 Bl. Comm. 343. See Com. v. Martin, 7 Pa. Dist R. 224.
POSSESS. To occupy In person; to have In one's actual and physical control; to have
the exclusive detention and control of; also to own or be entitled to. See Fuller v. Ful­ler, 84 Me. 475, 24 Atl. 946; Brantly v. Kee, 58 N. C. 337.
POSSESSED. This word is applied to the right and enjoyment of a termor, or a person having a term, who is said to be pos­sessed, and not seised. Bac. Tr. 335; Poph. 76; Dyer, 369.
POSSESSIO. Lat In the civil law.
That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. This condition of fact is called "detention," and It forms the substance of possession in all its varieties. Mackeld. Rom. Law, § 238.
"Possession," in the sense of "detention," is the actual exercise of such a power as the own­er has a right to exercise. The term "possessio" occurs in the Roman jurists in various senses. There is possessio simply, and possessio civilis, and possessio naturalis. Possessio denoted, originally, bare detention. But this detention, under certain conditions, becomes a legal state, inasmuch as it leads to ownership, through usuoapio. Accordingly, the word "possessio," which required no qualification so long as there was no other notion attached to possessio, re­quires such qualification when detention be­comes a legal state. This detention, then, when it has the conditions necessary to usucapio, is called "possessio civilis;" and all other posses­sio as opposed to civilis is naturalis. Sandars, Just. Inst. 274. Wharton.
In old English law. Possession; seisin. The detention of a corporeal thing by means of a physical act and mental intent, aided by some support of right Bract fol. 386.
—Pedis possessio. A foothold; an actual pos­session of real property, implying either actual occupancy or enclosure and use. See Lawrence v. Fulton, 19 Cal. 690; Porter v. Kennedy, 1 McMul. (S. C.) 357.—Possessio bona fide. Possession in good faith. Possessio mala fide, possession in bad faith. A possessor bona fide is,one who believes that no other person has a better right to the possession than himself. A possessor mala fide is one who knows that he is not entitled to the possession. Mackeld. Rom. Law, § 243.—Possessio bonomm. In the civil law. The possession of goods. More commonly termed "bonorum possessio," (g. v.) —Possessio civilis. In Roman law. A legal possession, t. e., a possessing accompanied with the intention to be or to thereby become owner; and, as so understood, it was distinguished from "possessio naturalis," otherwise called "nuda detentto," which was a possessing without any such intention. Possessio civilis was the basis of usucapio or of longi temporis possessio, and was usually (but not necessarily) adverse pos­session. Brown.—Possessio fratris. The possession or seisin of a brother; that is, such possession of an estate by a brother as would entitle his sister of the whole blood to succeed him as heir, to the exclusion of a half-brother. Hence, derivatively, that doctrine of the older English law of descent which shut out the half-blood from the succession to estates; a doctrine which was abolished by the descent act, 3 & 4 Wm. IV. c 106 See 1 Steph. Comm. 385; Broom, Max. 532.—Possessio longi tempor­is. See Usucapio.—Possessio naturalis. See Possessio Civilis.
Possessio fratris de feodo simplioi facit sororem esse haeredem. The brother's pos-

POSSESSIO PACIFIOA 916
POSSESSION

session of an estate in fee-simple makes the sister to be heir. 3 Coke, 41; Broom, Max. 532.
Possessio pacifica pour aims 60 faoit jus. Peaceable possession for sixty years gives a right. Jenk. Cent. 26.
POSSESSION. The detention and con­trol, or the manual or ideal custody, of any­thing which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. That condition of facts under which one can exer­cise his power over a corporeal thing at his pleasure to the exclusion of all other per­sons. See Staton v. Mullis, 92 N. C. 632; Sunol v. Hepburn, 1 Cal. 263; Cox v. Devin-ney, 65 N. J. Law, 389, 47 Atl. 570; Churchill v. Onderdonk, 59 N. Y. 136; Rice v. Frayser (C. C.) 24 Fed. 460; Travers v. McElvain, 181 111. 382, 55 N. E. 135; Emmerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 289; Slater v. Rawson, 6 Mete. (Mass.) 444.
—Actual possession. This term, as used in the provisions of Rev. St. N. Y. p. 312, § 1, au­thorizing proceedings to compel the determina­tion of claims to real property, means a posses­sion in fact effected by actual entry upon the premises; an actual occupation. Churchill v. Onderdonk, 59 N. Y. 134. It means an actual occupation or possession in fact, as contradis­tinguished from that constructive one which the legal title draws after it. The word "actual" is used in the statute in opposition to virtual or constructive, and calls for an open, visible oc­cupancy. Cleveland v. Crawford, 7 Hun (N. Y.) 616.—Adverse possession. The actual, open, and notorious possession and enjoyment of real property, or of any estate lying in grant, continued for a certain length of time, held adversely and in denial and opposition to the title of another claimant, or under circumstan­ces which indicate an assertion or color of right or title on the part of the person maintaining it, as against another person who is out of posses­sion. Costello v. Edson, 44 Minn. 135, 46 N. W. 299; Taylor v. Philippi, 35 W. Va. 554, 14 S. E. 130; Pickett v. Pope, 74 Ala. 122; Mar­tin v. Maine Cent. R. Co., 83 Me. 100, 21 Atl. 740; Dixon v. Cook, 47 Miss. 220.—Chose in possession. A thing (subject of personal prop­erty) in actual possession, as distinguished from a "chose in action," which is not presently in the owner's possession, but which he has a right to demand, receive, or recover by suit.—Civil possession. In modern civil law and in the law of Louisiana, that possession which exists when a person ceases to reside in a house or on 'the land which he occupied, or to detain the movable which he possessed, but without intend­ing to abandon the possession. It is the deten­tion of a thing by virtue of a just title and under the conviction of possessing as owner. Civ. Code La. art. 3391 et seq.—Constructive possession. Possession not actual but assum­ed to exist, where one claims to hold by virtue of some title, without having the actual occu­pancy, as, where the owner of a tract of land, regularly laid out, is in possession of a part, he is constructively in possession of the whole. Fleming v. Maddox, 30 Iowa, 241.—Derivative possession. The kind of possession of one who is in the lawful occupation or custody of the property, but; not under a claim of title of his own, but under a right derived from anoth­er, as, for example, a tenant, bailee, licensee,
etc.—Dispossession. The act of ousting or re­moving one from the possession of property pre­viously held by him, which may be tortious and unlawful, as in the case of a forcible amotion, or in pursuance of law, as where a landlord "dispossesses" his tenant at the expiration of the term or for other cause by the aid of judi­cial process.—Estate in possession. An es­tate whereby a present interest passes to and resides in the tenant, not depending on any sub­sequent circumstance or contingency; an estate where the tenant is in actual pernancy or re­ceipt of the rents and profits.—Naked posses­sion. The actual occupation of real estate, but without any apparent or colorable right to hold and continue such possession; spoken of as the lowest and most imperfect degree of title. 2 Bl. Comm. 195; Birdwell v. Burleson, 31 Tex. Civ. App. 31, 72 S. W. 446.—Natural possession. That by which a man detains a thing corporeally, as, by occupying a house, cultivating ground, or retaining a movable in possession; natural possession is also defined to be the corporeal detention of a thing which we possess as belonging to us, without any title to that possession or with a title which is void. Civ. Code La. 1900, arts. 3428, 3430. And see Railroad Co: v. Le Rosen, 52 La. Ann. 192, 26 South. 854; Sunol v. Hepburn, 1 Cal. 262.—Open possession. Possession of real property is said to be "open" when held with­out concealment or attempt at secrecy, or with­out being covered up in the name of a third person, or otherwise attempted to be withdrawn from sight, nut in such a manner that any per­son interested can ascertain who is actually in possession by proper observation and inquiry. See Bass v. Pease, 79 111. App. 318.—Peace­able possession. See Peaceable.—Posses­sion money. In English law. The man whom the sheriff puts in possession of goods taken under a writ of fieri facias is entitled, while he continues so in possession, to a certain sum of money per diem, which is thence termed "pos­session money." The amount is 3s. 6d. per day if he is boarded, or 5s. per day if he is not boarded. Brown.—Possession, writ of. Where the judgment in an action of ejectment is for the delivery of the land claimed, or its possession, this writ is used to put the plaintiff in possession. It is in the nature of execution. —Quasi possession is to a right what posses­sion is to a thing; it is the exercise or enjoy­ment of the right, not necessarily the continu­ous exercise, but such an exercise as shows an intention to exercise it at any time when de­sired. Sweet.—Scrambling possession. By this term is meant a struggle for possession on the land itself, not such a contest as is waged in the courts, or possession gained by an act of trespass, such as building a fence. Spiers v. Duane, 54 Cal. 177; Lobdell v. Keene, 85 Minn. 90, 88 N. W. 426; Dyer v. Reitz: 14 Mo. App. 45.—Unity of possession. Joint possession of two rights by several titles, as where a lessee of land acquires the title in fee-simple, which extinguishes the lease. The term also describes one of the essential properties of a joint estate, each of the tenants having the entire possession as well of every parcel as of the whole. 2 Bl. Comm. 182.—Vacant possession. An estate which has been abandoned, vacated, or forsaken by the tenant.
In the older books, "possession" is some­times used as the synonym of "seisin;" but, strictly speaking, they are entirely different terms. "The difference between possession and seisin Is : Lessee for years Is possesspd, and yet the lessor Is still seised; and there­fore the terms of law are tha.t of chattels a man Is possessed, whereas in feoffments, gifts in tail, and leases for life he is described as 'seised.'" Noy, Max. 64.

POSSESSION
917
POSSIBILITY

"Possession" is used in some of the books In the sense of property. "A possession is an hereditament or chattel." Finch, Law, b. 2, C. 3.
Possession is a good title where no bet­ter title appears. 20 Vin. Abr. 278.
Possession is nine-tenths of the law.
This adage is not to be taken as true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his, but It places in a strong light the legal truth that every claimant must succeed by the strength of his own title, and not by the weakness of his antagonist's. Wharton.
POSSESSION VAUT TITBE. Fr. In
English law, as In most systems of jurispru­dence, the fact of possession raises a prima facie title or a presumption of the right of property in the thing possessed. In other words, the possession is as good as the title (about.) Brown.
POSSESSOR. One who possesses; one who has possession.
—Possessor bona fide. He is a bona fide possessor who possesses as owner by virtue of an act sufficient in terms to transfer property, the defects of which he was ignorant of. He ceases to be a bona fide possessor from the moment these defects are made known to him, or are declared to him by a suit instituted for the recovery of the thing by the owner. Civ. Code La. art 503.—Possessor mala fide. The possessor in bad faith is he who possesses as master, but who assumes this quality, when he well knows that he has no title to the thing, or that his title is vicious and defective. Civ. Code La. art 3452.
POSSESSORY. Relating to possession; founded on possession; contemplating or claiming possession.
—Possessory action. See next title.—Pos­sessory claim. The title of a pre-emptor of public lands who has filed his declaratory state­ment but has not paid for the land. Enoch v. Spokane Falls & N. Ry. Co, 6 Wash. 393, 33 Pac. 966.—Possessory judgment. In Scotch practice. A judgment which entitles a person who has uninterruptedly been in possession for seven years to continue his possession until the question of right he decided in due course of law. Bell.—Possessory lien. One which at­taches to such articles of another's as may be at the time in the possession of the lienor, as, for example, an attorney's lien on the papers and documents of the client in his possession. Weed Sewing Mach. Co. v. Boutelle, 56 Vt 570, 48 Am. Rep. 821.
POSSESSORY ACTION. An action which has for its immediate object to obtain or recover the actual possession of the sub­ject-matter ; as distinguished from an action which merely seeks to vindicate the plain­tiff's title, or which involves the bare right only; the latter being called a "petitory" action.
An action founded on possession. Tres­pass for injuries to personal property is call-
ed a "possessory" action, because it lies only for a plaintiff who, at the moment of the injury complained of, was in actual or con­structive, immediate, and exclusive posses­sion. 1 Chit PI. 168, 169.
In admiralty practice. A possessory suit is one which is brought to recover the possession of a vessel, had under a claim of title. The Tilton, 5 Mason, 465, Fed. Cas. No. 14,054; 1 Kent, Comm. 371.
In old English law. A real action which had for its object the regaining possession of the freehold, of which the demandant or his ancestors had been unjustly deprived by the present tenant or possessor thereof.
In Scotch law. An action for the vindi­cation and recovery of the possession of her­itable or movable goods; e. g., the action of molestation. Paters. Comp.
In Louisiana. An action by which one claims to be maintained in the possession of an immovable property, or of a right upon or growing out of it, when he has been dis­turbed, or to be reinstated to that possession, when he has been divested or evicted. Code Proc. La. § 6.
POSSIBILITAS. Lat Possibility; a possibility. Possibilitas post dissolutionem executionis nunquam reviviscatur, a possi­bility will never be revived after the dissolu­tion of its execution. 1 Rolle, 321. Post executionem status, lex non patitur possi-bilitatem, after the execution of an estate the law does not suffer a possibility. 3 Bulst. 108.
POSSIBILITY. An uncertain thing which may happen. A contingent interest in real or personal estate. Kinzie v. Win­ston, 14 Fed. Cas. 651; Bodenhamer v. Welch, 89 N. C. 78; Needles v. Needles, 7 Ohio St. 442, 70 Am. Dec. 85.
It is either near, (or ordinary,) as where an estate is limited to one after the death of another, or remote, (or extraordinary,) as where it is limited to a man, provided he marries a certain woman, and that she shall die and he shall marry another.
—Bare possibility. The same as a "naked" possibility See infra.—Naked possibility. A bare chance or expectation of acquiring a property or succeeding to an estate in the fu­ture, but without any present right in or to i't which the law would recognize as an estate or interest. See Rogers v. Felton, 98 Ky. 148, 32 S. W. 406.—Possibility coupled with an interest. An expectation recognized in law as an estate or interest, such as occurs in execu­tory devises and shifting or springing uses; such a possibility may be sold or assigned.—Possi­bility of reverter. This term denotes no es­tate, but only a possibility to have the estate at a future time. Of such possibilities there are several kinds, of which two are usually denoted by the term under consideration, (1) the pos­sibility that a common-law fee may return to the grantor by breach of a condition subject to which it was granted, (2) the possibility that a common-law fee other than a fee simple may revert to the grantor by the natural determina-

POSSIBILITY
918
POST-NOTES

tion of the fee. Carney v. Kain, 40 W. Va. 758, 23 S. E. 650.—Possibility on a possi­bility. A remote possibility, as if a remain­der be limited in particular to A.'s son John, or Edward, it is bad if he have no son of that name, for it is too remote a possibility that he should not only have a son, but a son of that particular name. 2 Coke, 51.
POSSIBLE. Capable of existing or hap­pening; feasible. In another sense, the word denotes extreme improbability, without excluding the idea of feasibility. It is also sometimes equivalent to "practicable" or "reasonable," as in some cases where action is required to be taken "as soon as possible." See Palmer v. St. Paul Fire & Marine Ins. Co., 44 Wis. 208.
- POST. Lat After; occurring in a report or a text-book, Is used to send the reader to a subsequent part of the book.
POST. A conveyance for letters or dis­patches. The word is derived from "positi," the horses carrying the letters or dispatches being kept or placed at fixed stations. The word is also applied to the person who con­veys the letters to the houses where he takes up and lays down his charge, and to the stages or distances between house and house. Hence the phrases, post-boy, post-horse, post-house, etc. Wharton.
POST-ACT. An after-act; an act done afterwards.
POST CONQUESTUM. After the Con­quest. Words inserted in the king's title by King Edward I., and constantly used in the time of Edward III. Tomlins.
POST-DATE. To date an instrument as of a time later than that at which it is really made.
POST DIEM. After the day; as, a plea of payment post diem, after the day when the money became due. Com. Dig. "Plead­er," 2.
In old practice. The return of a writ after the day assigned. A fee paid In such case. Cowell.
POST DISSEISIN. In English law. The name of a writ which lies for him who, having recovered lands and tenements by force of a novel disseisin, is again disseised by a former disseisor. Jacob.
POST ENTRY. When goods are weighed or measured, and the merchant has got an account thereof at the custom-house, and finds his entry already made too small, he must make a post or additional entry for the surplusage, in the same manner as the first was done. As a merchant is always in time, prior to the clearing of the vessel, to make his post, he should take care not to over-enter, to avoid as well the advance as
the trouble of getting back the overplua McCul. Diet
Post executionem status lex non pa-titur possibilitatem. 3 Bulst. 108. After the execution of the estate the law suffers not a possibility.
POST FACTO.- After the fact See Ex post Facto.
POST-FACTTTM, op POSTFACTUM.
An after-act; an act done afterwards; a post-act.
POST-FINE. In old conveyancing. A fine or sum of money, (otherwise called the "king's silver") formerly due on granting the licentia concordandi, or leave to agree, in levying a fine of lands. It amounted to three-twentieths of the supposed annual value of the land, or ten shillings for every five marks of land. 2 Bl. Comm. 350.
POST HAC. Lat After this; after this time; hereafter.
POST LITEM MOTAM. Lat. After suit moved or commenced. Depositions in rela­tion to the subject of a suit, made after liti­gation has commenced, are sometimes so termed. 1 Starkie, Ev. 319.
POST-MARK. A stamp or mark put on letters received at the post-office for trans­mission through the mails.
POST-MORTEM. After death. A term generally applied to an autopsy or examina­tion of a dead body, to ascertain the cause of death, or to the inquisition for that purpose by the coroner. See Wehle v. United States Mut. Ace. Ass'n, 11 Misc. Rep. 36, 31 N. Y. Supp. 865; Stephens v. People, 4 Parker Cr. R. (N. Y.) 475.
POST NATUS. Born afterwards. A term applied by old writers to a second or younger son. It is used in private interna­tional law to designate a person who was born after some historic event, (such as the American Revolution or the act of union be­tween England and Scotland,) and whose rights or status will be governed or affected by the question of his birth before or after such event
POST-NOTES. A species of bank-notes payable at a distant period, and not on de­mand.
They are a species of obligation resorted to by banks when the exchanges of the country, and especially of the banks, have become em­barrassed by excessive speculations. Much con­cern is then felt for the country, and through the newspapers it is urged that post-notes be issued by the banks "for aiding domestic and foreign exchanges," as a "mode of relief," or a "remedy for the distress," and "to take the-place of the southern and foreign exchanges.""

POST-NUPTIAL
919
POSTERITY

And so presently this is done. Post-notes are therefore intended to enter into the circulation of the country as a part of its medium of ex­changes; the smaller ones for ordinary busi­ness, and the larger ones for heavier operations. They are intended to supply the place of de­mand notes, which the banks cannot afford to issue or reissue, to relieve the necessities of commerce or of the banks, or to avoid a compul­sory suspension. They are under seal, or with­out seal, and at long or short dates, at more or less interest, or without interest, as the necessi­ties of the bank may require. Appeal of Hogg, 22 Pa. 488.
POST-NUPTIAL. After marriage. Thus, an agreement entered into by a father after the marriage of his daughter, by which he engages to make a provision for her, would be termed a "post-nuptial agreement" Brown.
•—Post-nuptial settlement. A settlement made after marriage upon a wife or chil­dren; otherwise called a "voluntary" settle­ment. 2 Kent, Comm. 173.
POST OBIT BOND. A bond given by an expectant, to become due on the death of a person from whom he will have property. A bond or agreement given by a borrower of money, by which he undertakes to pay a larger sum, exceeding the legal rate of inter­est, on or after the^death of a person from whom he has expectations, in case of surviv­ing him. Crawford v. Russell, 62 Barb. (N. Y.) 92; Boynton v. Hubbard, 7 Mass. 119.
POST-OFFICE. A bureau or department of ^government, or under governmental super­intendence, whose office is to receive, trans­mit, and deliver letters, papers, and other mail-matter sent by post. Also the office established by government in any city or town for the local operations of the postal system, for the receipt and distribution of mail from other places, the forwarding of mail there deposited, the sale of postage stamps, etc.
—Post-office department. The name of one of the departments of the executive branch of the government of the United States, which has charge of the transmission of the mails and the general postal business of the country.—Post-office order. A letter of credit furnished by the government, at a small charge, to facilitate the transmission of money.
POST PROLEM SUSCITATAM. After issue born, (raised.) Co. Litt. 196.
POST ROADS. The roads or highways, by land or sea, designated by law as the ave­nues over which the mails shall be transport­ed. Railway Mail Service Cases, 13 Ct CI. 204. A "post route," on the other hand, is the appointed course or prescribed line of transportation of the mail. U. S. v. Koch-ersperger, 26 Fed. Cas. 803; Blackham v. Gresham (C. C.) 16 Fed. 611.
POST-TERMINAL SITTINGS. Sit­tings after term. See Sittings.
POST TERMINUM. After term, or post-term. The return of a writ not only after the day assigned for its return, but after the term also, for which a fee was due. CoweU.
POST, WRIT OF ENTRY IN. In Eng­lish law. An abolished writ given by statute of Marlbridge, 52 Hen. III. c. 30, which pro­vided that when the number of alienations or descents exceeded the usual degrees, a new writ should be allowed, without any mention of degrees at all.
POSTAGE. The fee charged by law for carrying letters, packets, and documents by the public mails.
—Postage stamp. A ticket issued by govern­ment, to be attached to mail-matter, and repre­senting the postage or fee paid for the transmis­sion of such matter through the public mails.
POSTAL. Relating to the mails; pertain­ing to the post-office.
—Postal currency. During a brief period following soon after the commencement of the civil war in the United States, when specie change was scarce, postage stamps were popu­larly used as a substitute; and the first issues of paper representatives of parts of a dollar, issued by authority of congress, were called "postal currency." This issue was soon merged in others of a more permanent character, for which the later and more appropriate name is "fractional currency." Abbott.
POSTEA. In the common-law practice, a formal statement, indorsed on the nisi priua record, which gives an account of the pro­ceedings at the trial of the action. Smith, Act. 167.
POSTED WATERS. In Vermont. Wa­ters flowing through or lying upon inclosed or cultivated lands, which are preserved for the exclusive use of the owner or occupant by his posting notices (according to the stat­ute) prohibiting all persons from shooting, trapping, or fishing thereon, under a prescrib­ed penalty. See State v. Theriault, 70 Vt 617, 41 Atl. 1030, 43 L. R. A. 290, 67 Am. St Rep. 695.
POSTERIORES. Lat. This term was used by the Romans to denote the descend­ants in a direct line beyond the sixth degree.
POSTERIORITY. This is a word of comparison and relation in tenure, the cor­relative of which is the word "priority." Thus, a man who held lands or tenements of two lords was said to hold of his more an­cient lord by priority, and of his less ancient lord by posteriority. Old Nat. Brev. 94. It has also a general application in law con­sistent with its etymological meaning, and, as so used, it Is likewise opposed to priority. Brown.
POSTERITY. AH the descendants of a person in a direct line to the remotest gen-
Arch ive CD Books USA
POSTHUMOUS CHILD 920
POTENTIAL

eration. Breckinridge v. Denny, 8 Bush (Ky.) 527.
POSTHUMOUS CHILD. One born after the death of its father; or, when the Csesa-rean operation is performed, after that of the mother.
Posthumus pro nato habetur. A post­humous child is considered as though born, [at the parent's death.] Hall v. Hancock, 15 Pick. (Mass.) 258, 26 Am. Dec. 598.
POSTLIMINIUM. Lat In the civil-law. A doctrine or fiction of the law by which the restoration of a person to any status or right formerly possessed by him was considered as relating back to the time of his original loss or deprivation; particu­larly in the case of one who, having been taken prisoner in war, and having escaped and returned to Rome, was regarded, by the aid of this fiction, as having never been abroad, and was thereby reinstated in all his rights. Inst 1, 12, 5.
The term is also applied, in international law, to the recapture of property taken by an enemy, and its consequent restoration to its original ywner.
Postliminium fingit enm qui captus est in civitate semper fuisse. Postliminy feigns that he who has been captured has never left the state. Inst. 1, 12, 5; Dig. 49, 51.
POSTLIMINY. See Postliminium.
POSTMAN. A senior barrister in the court of exchequer, who has precedence in motions; so called from the place whero he sits. 2 Bl. Comm. 28. A letter-carrier.
POSTMASTER. An officer of the United States, appointed to take charge of a local post-office and transact the business of re­ceiving and forwarding the mails at that point, and such other business as is commit­ted to him under the postal laws.
—Postmaster general. The head of the post-office department. He is one of the presi­dent's cabinet.
POSTNATI. Those born after. See Post Natus.
POSTPONE. To put off; defer; delay; continue; adjourn; as when a hearing is postponed. Also to place after; to set be­low something else; as when an earlier lien is for some reason postponed to a later lien.
The word "postponement," in speaking of legal proceedings, is nearly equivalent to "con­tinuance;" except that the former word is gen­erally preferred when describing an adjourn­ment of the cause to another day during the same term, and the latter when the case goes over to another term. See State v. Underwood, 76 Mo. 639; State v. Nathaniel, 52 La. Ann. 558, 26 South. 1008.
POSTREMO-GENITURE. Borough.
English, (q. v.)
POSTULATIO. Lat In Roman law.
A request or petition. This was the name of the first step in a criminal prosecution, corresponding somewhat to "swearing out a warrant" in modern criminal law. The ac­cuser appeared before the praetor, and stated his desire to institute criminal proceedings against a designated person, and prayed the authority of the magistrate therefor.
In old English ecclesiastical law. A
species of petition for transfer of a bishop.
—Postulatio actionis. Iu Roman law. The demand of an action; the request made to the pnetor by an actor or plaintiff for an action or formula of suit; corresponding with the application for a writ in old English practice. Or, as otherwise explained, the actor's asking of leave to institute his action, on appearance of the parties befoie the Drdetor. Hallifax, Civil Law, b. 3, c 9. no. 12.
POT-DE-VIN. In French law. A sum of money frequently paid, at the moment of entering into a contract, beyond the price agreed upon.. It differs from arrha, in this: that it is no part of the price of the thing sold, and that the person who has received it cannot by returning double the amount or the other party by losing what he has paid, rescind the contract 18 ToulHer, no. 52.
POTENTATE. A person who possesses great power or sway; a prince, sovereign, or monarch.
By the naturalization law of the United States, an alien is required to renounce all al­legiance to any foreign "prince, potentate, or sovereign whatever."
POTENTIA. Lat Possibility; power.
—-Potentia propinq.ua. Common possibility. Se;e Possibility.
Potentia debet sequi justitiam, non antecedere. 3 Bulst 199. Power ought to follow justice, not go before it
Potentia est duplex, remota et propin-qua; et potentia remotissima et vana est quae nunquam venit in actum. 11 Coke, 51. Possibility is of two kinds, remote and near; that which never comes into action is a power the most remote and vain.
Potentia inutilis frustra est. Useless power is to no purpose. Branch, Princ.
POTENTIAL. Existing in possibility but not in act; naturally and probably expected to come into existence at some future time, though not now existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement al­ready made. Things having a "potential ex­istence" may be the subject of mortgage, as-

POTEST QUIS RENUNCIARE 921 POURPRESTURE
Bignment, or sale. See Campbell v. Grant Co., 36 Tex. Civ. App. 641, 82 S. W. 796; Dickey v. Waldo, 97 Mich. 255, 56 N. W. 608, 23 L. R A. 449; Cole v. Kerr, 19 Neb. 553, 26 N. W. 598; Long v. Hines, 40 Kan. 220, 19 Pac. 796, 10 Am. St Rep. 192.
Potest quis renunciare pro se et suis juri quod pro se introductum est. Bract 20. One may relinquish for himself and his heirs a right which was introduced for his own benefit.
POTESTAS. Lat In the civil law. Power; authority; domination ; empire. lm-perium, or the jurisdiction of magistrates. The power of the father over his children, patria potestas. The authority of masters over their slaves. See Inst 1, 9, 12; Dig. 2, 1, 13, 1; Id., 14, 1; Id. 14, 4, 1, 4.
Potestas stricte interpretatnr. A pow­er is strictly interpreted. Jenk. Cent p. 17, case 29, in marg.
Potestas suprema seipsum dissolvere potest, ligare non potest. Supreme power can dissolve [unloose] but cannot bind itself. Branch, Princ.; Bacon.
Potior est conditio defendentis. Better is the condition of the defendant, [than that of the plaintiff.] Broom, Max. 740; Cowp. 343; Williams v. Ingell, 21 Pick. (Mass.) 289; White v. Franklin Bank, 22 Pick. (Mass.) 186, 187; Cranson v. Goss, 107 Mass. 440, 9 Am. Rep. 45.
POTWALIOPER. A term formerly ap­plied to voters in certain boroughs of Eng­land, where all who boil (wallop) a pot were entitled to vote. Webster.
POULTRY COUNTER. The name of a prison formerly existing in London. See Counteb.
POUND. 1. A place, inclosed by public authority, for the temporary detention of stray animals. Harriman v. Fifield, 36 Vt. 345; Wooley v. Groton, 2 Cush. (Mass.) 308.
A pound-over* is said to be one that is open overhead; a pound-cover* is one that is close, or covered over, such as a stable or other build­ing.
2. A measure of weight. The pound avoir­
dupois contains 7,000 grains; the pound troy
5,760 grains.
In New York, the unit or standard of weight, from which all other weights shall be derived and ascertained, is declared to be the pound, of such magnitude that the weight of a cubic foot of distilled water, at its maximum density, weighed in a vacuum with brass weights, shall be equal to sixty-two and a half such pounds. 1 Rev. St. N. Y. p. 617, § 8.
3. "Pound" Is also the name of a denomi­
nation of English money, containing twenty
•hillings. It was also used in the United
States, in computing money, before the intro­duction of the federal coinage.
—Pound breach. The act or offense of break­ing a pound, for the purpose of taking out the cattle or goods impounded. 3 Bl. Comm. 12,-146; State v. Young, 18 N. H. 544.—Pound-keeper. An officer charged with the care of a pound, and of animals confined there.—Pound of land. An uncertain quantity of land, said to be about fifty-two acres.
POUNDAGE. In practice. An allow­ance to the sheriff of so much in the pound upon the amount levied under an execution. Bowe v. Campbell, 2 Civ. Proc. R. (N. Y.) 234.
The money which an owner of animals im­pounded must pay to obtain their release.
In old English law. A subsidy to the value of twelve pence in the pound, granted to the king, of all manner of merchandise of every merchant as well denizen as alien, either exported or imported. Cowell.
POUR ACQUIT. Fr. In French law. The formula which a creditor prefixes to his signature when he gives a receipt.
POUR COMPTE DE QUI EL APPART-IENT. Fr. For account of whom it may concern.
POUR FAIRE PROCLAIMER. L. Fr.
An ancient writ addressed to the mayor or bailiff of a city or town, requiring him to make proclamation concerning nuisances, etc. Fitzh. Nat Brev. 176.
POUR SEISIR TERRES. L, Fr. An
ancient writ whereby the crown seized the land which the wife of its deceased tenant who held in capite, hack for her dower, if she married without leave. It was grounded on the statute Be Prwrogativa Regis, 7, (17 Edw. II. St. 1, c. 4.) It is abolished by 12 Car. II. c. 24.
POURPARLER. Fr. In French law. The preliminary negotiations or bargainings which lead to a contract between the parties. As in English law, these form no part of the contract when completed. The term is also used in this sense in international law and the practice of diplomacy.
POURPARTY. To make pourparty is to divide and sever the lands that fall to par­ceners, which, before partition, they held jointly and pro indiviso. Cowell.
POURPRESTURE. An inclosure. Any­thing done to the nuisance or hurt of the public demesnes, or the highways, etc., by inclosure or building, endeavoring to make that private which ought to be public. The difference between a pourpresture and a pub­lic nuisance is that pourpresture is an in­vasion of the jus privatum of the crown; but where the jus publicum is violated it is a

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nuisance. Skene makes three sorts of this offense; (1) Against the crown; (2) against the lord of the fee; (3) against a neighbor. 2 Inst 38; 1 Reeve, Eng. Law, 156.
POURSUIVANT. The king's messenger; a royal or state messenger. In the heralds' college, a functionary of lower rank than a herald, but discharging similar duties, called also "poursuivant at arms."
POURVEYANCE. In old English law. The providing corn, fuel, victuals, and other necessaries for the king's house. Cowell.
POUEVEYOR, or PURVEYOR. A
buyer; one who provided for the royal house­hold.
POUSTIE. In Scotch law. Power. See Liege Poustie. A word formed from the Latin "potestas."
POVERTY AFFIDAVIT. An affidavit, made and filed by one of the parties to a suit, that he is not able to furnish security for the final costs. The use of the term is confined to a few states. Cole v. Hoeburg, 36 Kan. 263, 13 Pac. 275.
POWER. In real property law. A
power is an authority to do some act in re­lation to real property, or to the creation or revocation of an estate therein, or a charge thereon, which the owner granting or reserving such power might himself per­form for any purpose. Civ. Code Dak. § 298; How. St. Mich. § 5591.
"Power" is sometimes used in the same sense as "right," as when we speak of the powers of user and disposition which the owner of prop­erty has over it, but, strictly speaking, a pow­er is that which creates a special or exceptional right, or enables a person to do something which he could not otherwise do. Sweet.
Technically, an authority by which one person enables another to do some act for him. 2 Lil. Abr. 339.
An authority enabling a person to dispose, through the medium of the statute of uses, of an interest, vested either in himself or in another person. Sugd. Powers, 82. An au­thority expressly reserved to a grantor, or expressly given to another, to be exercised over lands, etc., granted or conveyed at the time of the creation of such power. Watk. Conv. 157. A proviso, in a conveyance un­der the statute of uses, giving to the grantor or grantee, or a stranger, authority to re­voke or alter by a subsequent act the estate first granted. 1 Steph. Comm. 505. See also Burleigh v. Clough, 52 N. H. 267, 13 Am. Rep. 23; Griffith v. Maxfield, 66 Ark. 513, 51 S. W. 832; Bouton v. Doty, 69 Conn. 531, 37 Atl. 1064; Dana v. Murray, 122 N. Y. 604, 26 N. E, 21; Carson v. Cochran, 52 Minn. 67, 53 N. W. 1130; Law Guarantee & Trust Co. v. Jones, 103 Tenn. 245, 58 S. W. 219.
—General and special powers. A power is general when it authorizes the alienation in
fee, by means of a conveyance, will, or charge, of the lands embraced in the power to any alienee whatsoever. It is special (1) when the persons or class of persons to whom the dis­position of the lands under the power is to be made are designated, or (2) when the power authorizes the alienation, by means of a con­veyance, will, or charge, of a particular estate or interest less than a fee. Coster v. Lorillard, 14 Wend. (N. Y.) 324; Thompson v. Garwood, 3 Whart. (Pa.) 305, 31 Am. Dec. 502.—Gen­eral and special powers in trust. A gen­eral power is in trust when any person or class of persons other than the grantee of such power is designated as entitled to the proceeds or any portion of the proceeds or other benefits to result from the alienation. A special power is in trust (1) when the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power, or (2) when any person or class of persons other than the holder is designated as entitled to any benefit from the disposition or charge authorized by the power. Cutting v. Cutting, 20 Hun (N. Y.) 360; Dana v. Murray, 122 N. Y. 612, 26 N. E. 23; Wil­son's Rev. & Ann. St. Okl. 1903, §§ 4107, 4108. —Ministerial powers. A phrase used in English conveyancing to denote powers given for the good, not of the donee himself exclusive­ly, or of the donee himself necessarily at all, but for the good of several persons, including or not including the donee also. They are so called because the donee of them is as a min­ister or servant in his exercise of them. Brown.—Naked power. One which is simply collateral and without interest in the donee, which arises when, to a mere stranger, author­ity is given of disposing of an interest, in which he had not before, nor has by the instrument creating the power, any estate whatsoever. Bergen v. Bennett, 1 Caines Cas. (N. Y.) 15, 2 Am. Dec. 281; Atwater v. Perkins, 51 Conn. 198; Clark v. Horn thai, 47-Miss. 534; Hunt v. Ennis, 12 Fed. Cas. 915.—Powers append­ant and in gross. A power appendant is where a person has an estate in land, and the estate to be created by the power is to, or may, take effect in possession during the tenancy of the estate to which the power is annexed. A power in gross is where the person to whom it is given has an estate in the land, but the estate to be created under or by virtue of the power is not to take effect until after the de­termination of the estate to which if relates. Wilson v. Troup, 2 Cow. (N. Y.) 236, 14 Am. Dec. 458; Garland v. Smith, 164 Mo. 1, 64 S. W. 188.
For other compound terms, such as "Power of Appointment," "Power of Sale," etc., see the following titles.
In constitutional law. The right to take action in respect to a particular subject-mat­ter or class of matters, involving more or less of discretion, granted by the constitu­tions to the several departments or branches of the government, or reserved to the people. Powers in this sense are generally classified as legislative, executive, and judicial. See those titles.
—Implied powers are such as are necessary to make available and carry into effect those powers which are expressly granted or con­ferred, and which must therefore be presumed to have been within the intention of the con­stitutional or legislative grant. Madison v,. Daley (C. C.) 58 Fed. 755; People v. Pullman's Palace Car Co., 175 111. 125, 51 N. E. 664, 64 JL. R, A. 366; First M. E. Church v. Dixon, 178 111. 260, 52 N. E. 887.

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In the law of corporations. The right or capacity to act or be acted upon in a par­ticular manner or In respect to a particular subject; as, the power to have a corporate seal, to sue and be sued, to make by-laws, to carry on a particular business or construct a given work. See Freligh v. Saugerties, 70 Hun, 589, 24 N. Y. Supp. 182; In re Lima & H. F. Ry. Co., 68 Hun, 252, 22 N. Y. Supp. 967; Baltimore v. Marriott, 9 Md. 160.
POWER COUPLED WITH AN INTER­EST. By this phrase is meant a right or power to do some act, together with an in­terest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere au­thority to act, not accompanied by any inter­est of the donee in the subject-matter of the power.
Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by the .exercise of the power? We hold it to be clear that the inter­est which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. "A power coupled with an in­terest" is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But, if we are to understand by the word "inter­est" an interest in that which is to be produc­ed by the exercise of the power, then they are never united. The power to produce the in­terest must be exercised, and by its exercise is extinguished. The power ceases when the in­terest commences, and therefore cannot, in accurate law language, be said to be "coupled" with it Hunt v. Rousmanier, 8 Wheat 203, 5 L. Ed. 589. And see Missouri v. Walker, 125 U. S. 339, 8 Sup. Ct. 929, 31 L. Ed. 769; Grif­fith v. Maxfield, 66 Ark. 513, 51 S. W. 832; Johnson v. Johnson, 27 S. C 309, 3 S. E. 606, 13 Am. St. Rep. 636; Yeates v. Pryor, 11 Ark. 78; Alworth v. Seymour, 42 Minn. 526, 44 N. W. 1030; Hunt v. Ennis, 12 Fed. Cas. 915.
POWER OF APPOINTMENT. A pow­er or authority conferred by one person by deed or will upon another (called the "do­nee") to appoint, that is, to select and nom­inate, the person or persons who are to re­ceive and enjoy an estate or an income there­from or from a fund, after the testator's death, or the donee's death, or after the ter­mination of an existing right or interest. See Heinemann v. De Wolf, 25 R. I. 243, 55 Atl. 707.
Powers are either: Collateral, which are giv­en to strangers; i. e., to persons who have nei­ther a present nor future estate or interest in the land. These are also called simply "col­lateral," or powers not coupled with an in­terest, or powers not being interests. These terms have been adopted to obviate the confu­sion arising from the circumstance that powers in gross have been by many called powers collat­eral. Or they are powers relating to the land. These are called "appendant" or "appurtenant," because they strictly depend upon the estate lim-fted to the person to whom they are given. Thus, where an estate for life is limited to a man, with a power to grant leases in posses­sion, a lease granted under the power may op-
erate wholly out of the life-estate of the party executing it, and must in every case have its operation out of his estate during his life. Such an estate must be created, which will at­tach on an interest actually vested in himself. Or they are called "in gross," if given to a person who had an interest in the estate at the execution of the deed creating the power, or to whom an estate is given by the deed, but which enabled him to create such estates only as will not attach on the interest limited to him. Of necessity, therefore, where a man seised in fee settles his estate on others, re­serving to himself only a particular power, the power is in gross. A power to a tenant for life to appoint the estate after his death among his children, a power to jointure a wife after his death, a power to raise a term of years to com­mence from his death, for securing younger children's portions, are all powers in gross. An important distinction is established between general and particular powers. By a general power we understand a right to appoint to whomsoever the donee pleases. By a particular power it is meant that the donee is restricted to some objects designated in the deed creating the power, as to his own children. Wharton.
We have seen that a general power is bene­ficial when no person other than the grantee has, by the terms of its creation, any interest in its execution. A general power is in trust when any person or class of persons, other than the grantee of such power, is designated as entitled to the proceeds, or any portion of the proceeds, or other benefits to result from the alienation. Cutting v. Cutting, 20 Hun (N. Y.) 364.
When a power of appointment among a class requires that each shall have a share, it is call­ed a "distributive" or "non-exclusive" power; when it authorizes, but does not direct, a selec­tion of one or more to the exclusion of the others, it is called an, "exclusive" power, and is also distributive; when it gives the power of appointing to a certain number of the class, but not to all, it is exclusive only, and not dis­tributive. Leake, 389. A power authorizing the donee either to give the whole to one of a class or to give it equally among such of them as he may select (but not to give one a larger share than the others) is called a "mixed" pow­er. Sugd. Powers, 448. Sweet
POWER OF ATTORNEY. An instru­ment authorizing a person to act as the agent or attorney of the person granting it See Letteb of Attobney.
POWER OF DISPOSITION. Every power of disposition is deemed absolute, by means of which the donee of such power is enabled in his life-time to dispose of the en­tire fee for his own benefit; and, where a general and beneficial power to devise the in­heritance is given to a tenant for life or years, it is absolute, within the meaning of the statutes of some of the states. Code Ala. 1886, § 1853. See Poweb of Appointment.
POWER OF SALE. A clause sometimes inserted in mortgages and deeds of trust, giv­ing the mortgagee (or trustee) the right and power, on default in the payment of the debt secured, to advertise and sell the mortgaged property at public auction (but without re­sorting to a court for authority), satisfy the creditor out of the net proceeds, convey by deed to the purchaser, return the surplus, if any, to the mortgagor, and thereby divest

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the latter's estate entirely and without any subsequent right of redemption. See Capron v. Attleborough Bank, 11 Gray (Mass.) 493; Appeal of Clark, 70 Conn. 195, 39 AU. 155.
POYNDING. See Poinding.
POYNINGS' ACT. An act of parlia­ment, made in Ireland, (10 Hen. VII. c. 22, A. D. 1495;) so called because Sir Edward Poynings was lieutenant there when it was made, whereby all general statutes before then made in England were declared of force in Ireland, which, before that time, they were not 1 Broom & H. Comm. 112.
PRACTICAL. A practical construction of a constitution or statute is one deter­mined, not by judicial decision, but practice sanctioned by general consent. Farmers' & Mechanics' Bank v. Smith, 3 Serg. & R. (Pa.) 69; Bloxham v. Consumers' Electric Light, etc., Co., 36 Fla. 519, 18 South. 444, 29 L. R, A. 507, 51 Am. St Rep. 44.
PRACTICE. The form or mode of pro­ceeding in courts of justice for the enforce­ment of rights or the redress of wrongs, as distinguished from the substantive law which gives the right or denounces the wrong. The form, manner, or order of instituting and conducting a suit or other judicial pro­ceeding, through its successive stages to its end, in accordance with the rules and prin­ciples laid down by law or by the regulations and precedents of the courts. The term ap­plies as well to the conduct of criminal ac­tions as to civil suits, to proceedings in eq­uity as well as at law, and to the defense as well as the prosecution of any proceeding. See Fleischman v. Walker, 91 111. 321; Peo­ple v. Central Pac. R. Co., 83 Cal. 393, 23 Pac. 303; Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct 443, 27 L. Ed. 506; Opp v. Ten Eyck, 99 Ind. 351; Beardsley v. Littell, 14 Blatchf. 102, Fed. Cas. No. 1,185; Union Nat Bank v. Byram, 131 111. 92, 22 N. E. 842.
It may include pleading, but is usually em­ployed as excluding both pleading and evidence, and to designate all the incidental acts and steps in the course of bringing matters pleaded to trial and proof, and procuring and enforcing judgment on them.
PRACTICE COURT. In English law. A court attached to the court of king's bench, which heard and determined common mat­ters of business and ordinary motions for writs of mandamus, prohibition, etc. It was usually called the "bail court" It was held by one of the puisne justices of the king's bench.
PRACTICES. A succession of acts of a similar kind or in a like employment
PRACTICKS. In Scotch law. The deci­sions of the courrp of session, as evidence of the practice or custom of the country. BelL
PRACTITIONER. He who is engaged in the exercise or employment of any art or profession.
PRJECEPTORES. Lat Masters. The chief clerks in chancery were formerly so called, because they had the direction of mak­ing out remedial writs. 2 Reeve, Eng. Law, 251.
PR^BCEPTORIES. In feudal law. A kind of benefices, so called because they were possessed by the more eminent templars, whom the chief master by his authority created and called "Prceceptores Templi."
PRECIPE. Lat In practice. An orig­inal writ drawn up in the alternative, com­manding the defendant to do the thing re­quired, or show the reason why he had not done it. 3 Bl. Comm. 274.
Also an order, written out and signed, ad­dressed to the clerk of a court, and request­ing him to issue a particular writ.
—Praecipe in capite. When one of the king's immediate tenants in capite was deforc­ed, his writ of right was called a writ of "prae­cipe in captte."—Praecipe quod reddat. Command that he render. A writ directing the defendant to restore the possession of land, employed at the beginning of a common recov­ery.—Praecipe quod teneat conventionem. The writ which commenced the action of cove­nant in fines, which are abolished by 3 & 4 Wm. IV. c. 74.—Praecipe, tenant to the. A person having an estate of freehold in pos­session, against whom the prcectpe was brought by a tenant in tail, seeking to bar his estate by a recovery.
PR2ECIPITIUM. The punishment of casting headlong from some high place.
PR.SJCIPUT CONVENTIONNEL. In
French law. Under the regime en commun-aut6, when that is of the conventional kind, if the surviving husband or wife is entitled to take any portion of the common property by a paramount title and before partition thereof, this right is called by the somewhat barbarous title of the conventional "prce-ciput," from "prw," before, and "capere," to take. Brown.
PRJBCO. Lat In Roman law. A her­ald or crier.
PR^COGNITA. Things to be previous­ly known in order to the understanding of something which follows. Wharton.
PR-ffiDIA. In the civil law. Lands; es­tates; tenements; properties. See Pb^idi-xju.
—Praedia bellica. Booty. Property seized in war.—Praedia stipendiaries In the civil law. Provincial lands belonging to the people. —Praedia tributaria. In the civil law. Pro­vincial lands belonging to the emperor.—Prae­dia volantia. In the duchy of Brabant, cer­tain things movable, such as beds, tables, and other heavy articles of furniture, were ranked

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among immovables, and were called "prcedia volantia," or "volatile estates." 2 Bl. Comm. 428.
PREDIAL, SERVITUDE. A right which is granted tor the advantage of one piece of land over another, and which may be exer­cised by every possessor of the land entitled against every possessor of the servient land. It always presupposes two pieces of land (prcedia) belonging to different proprietors; one burdened with the servitude, called "prw-dium serviens," and one for the advantage of which the servitude is conferred, called "prcedium dominans." Mackeld Rom. Law, { 314.
PR2EDIAL TITHES. Such as arise merely and immediately from the ground; as grain of all sorts, hops, hay, wood, fruit, herbs. 2 Bl. Comm. 23; 2 Steph. Comm. 722.
PR2EDICTUS. Lat Aforesaid. Hob. 6.
Of the three words, "idem," "prcedictus," and "prcefatus," "idem" was most usually applied to plaintiffs or demandants; "prcedictus," to de­fendants or tenants, places, towns, or lands; and "prcefatus," to persons named, not being actors or parties. Townsh. PI. 15. These words may all be rendered in English by "said" or "aforesaid."
PR^EDIUM. Lat In the civil law. Land; an estate; a tenement; a piece of landed property. See Dig. 50, 16, 115.
—Prsedium dominans. In the civil law. The name given to an estate to which a servi­tude is due; the dominant tenement. Morgan v. Mason, 20 Ohio, 409, 55 Am. Dec 464.— Prsedium rusticum. In Roman law. A rus­tic or rural estate. Primarily, this term de­noted an estate lying in the country, i. e., be­yond the limits of the city, but it was applied to any landed estate or heritage other than a dwelling-house, whether in or out of the town. Thus, it included gardens, orchards, pastures, meadows, etc. Mackeld. Rom. Law, S 316. A rural or country estate; an estate or piece of land principally destined or devoted to agriculture; an empty or vacant space of
f round without buildings.—Prsedium serv-ens. In the civil law. The name of an es­tate which suffers a servitude or easement to another estate; the servient tenement. Mor­gan v. Mason, 20 Ohio, 409, 55 Am. Dec. 464. —Prsedium nrbannm. In the civil law. A building or edifice intended for the habitation and use of man, whether built in cities or in the country. Colq. Rom. Civil Law, § 937.
Prsedium servit prsedio. Land is under servitude to land, [i. e., servitudes are not personal rights, but attach to the dominant tenement.] Tray. Lat Max. 455.
PRiEDO. Lat In Roman law. A rob­ber. See Dig. 50, 17, 126.
PRiEFATUS. Lat. Aforesaid. Some­times abbreviated to "prwfat," and "p. fat.'*
PRJBFECTURiE. In Roman law. Con­quered towns, governed by an officer called a ••prefect," who was chosen In some instances
by the people, in others by the praetors. Butl. Hor. Jur. 29.
PRiEFECTUS URBI. Lat In Roman law. The name of an officer who, from the time of Augustus, had the superintendence of the city and its police, with jurisdiction extending one hundred miles from the city, and power to decide both civil and criminal cases. As he was considered the direct rep­resentative of the emperor, much that pre­viously belonged to the prwtor urbanus fell gradually into his hands. Colq. Rom. Civil Law, § 2395.
PR^JFECTUS VIGILUM. Lat In Ro­man law. The chief officer of the night watch. His jurisdiction extended to certain offenses affecting the public peace, and even to larcenies; but he could inflict only slight punishments. Colq. Rom. Civil Law, § 2395.
PR^FECTUS VILL^E. The mayor of a town.
PRiEFINE. The fee paid on suing out the writ of covenant on levying fines, before the fine was passed. 2 Bl. Comm. 350.
PRiEJURAMENTUM. In old English law. A preparatory oath.
PRJELEGATUM. Lat In Roman law. A payment in advance of the whole or part of the share which a given heir would be entitled to receive out of an inheritance; cor­responding generally to "advancement" in English and American law. See Mackeld. Rom. Law, § 762.
PREMIUM. Lat Reward; compensa­tion. Prwmium asseourationis, compensation for insurance; premium of insurance. Locc de Jur. Mar. lib. 2, c. 5, § 6.
—Prsemium emancipationis. In Roman law. A reward or compensation anciently al­lowed to a father on emancipating his child, consisting of one-third of the child's separate and individual property, not derived from the father himself. See Mackeld. Rom. Law, $ 605.—Prsemium pudicitise. The price of chastity; or compensation for loss of chastity. A term applied to bonds and other engagements given for the benefit of a seduced female. Sometimes called "prcemium pudoris." 2 Wils. 339, 340.
PRAEMUNIRE. In English law. The name of an offense against the king and his government though not subject to capital punishment So called from the words of the writ which issued preparatory to the prosecution: "Prcemunire facias A. B. quod sit coram nolis," etc.; "Cause A. B. to be forewarned that he appear before us to an­swer the contempt with which he stands charged." The statutes establishing this of­fense, the first of which was made in the thirty-first year of the reign of Edward I., were framed to encounter the papal usurpa­tions in England: the original meaning of

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the offense called "praemunire" being the in­troduction of a foreign power into the king­dom, and creating imperium in imperio, by paying that obedience to papal process which constitutionally belonged to the king alone. The penalties of praemunire were afterwards applied to other heinous offenses. 4 BL Comm. 103-117; 4 Steph. Comm. 215-217.
FRiENOMEN. Lat. Forename, or first name. The first of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly •written with one letter; as "A." for "Au-lus;" "O." for "Oaius," etc. Adams, Rom. Ant 35.
PROPOSITUS. In old English law. An officer next in authority to the alderman of a hundred, called "propositus regius;" or a steward or bailiff of an estate, answering to the "wicnere."
Also the person from whom descents are traced under the old canons.
—Propositus ecclesiae. A church-reeve, or warden. Spelman.—Propositus villae. A constable of a town, or petty constable.
Prsepropera consilia raro sunt pros-pera. 4 Inst 57. Hasty counsels are rarely prosperous.
PR2ESCRIPTIO. Lat In the-civil law. That mode of acquisition whereby one be­comes proprietor of a thing on the ground that he has for a long time possessed it as his own; prescription. . Dig. 41, 3. It was anciently distinguished from "usucapio," {q. v.,) but was blended with it by Justinian.
Prsescriptio est titulus ex usu et tem­pore substantiam capiens ab auctori-tate legis. Co. Litt. 113. Prescription is a title by authority of law, deriving its force from use and time.
Prsescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modnm actionis instituendse. Pre­scription and execution do not affect the va­lidity of the contract, but the time and man­ner of bringing an action. Pearsall v. Dwight, 2 Mass. 84, 3 Am. Dec. 35; Decouche y. Savetier, 3 Johns. Ch. (N. Y.) 190, 219, 8 Am. Dec. 478.
PRiESCRIPTIONES. Lat In Roman law. Forms of words (of a qualifying char­acter) inserted in the formula; in which the claims in actions were expressed; and, as they occupied an early place in the formula, they were called by this name, i. e., qualifica­tions preceding the claim. For example, in an action to recover the arrears of an an­nuity, the claim was preceded by the words "so far as the annuity is due and unpaid," or words to the like effect, ("cujus rei dies fuit") Brown.
Prsesentare nihil aliud est qnam prse-sto dare sen offere. To present is no more than to give or offer on the spot Co. Litt 120.
Prsesentia corporis tollit errorem no-minis; et Veritas nominis tollit errorem demonstrationis. The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, 639, 640.
PROSES. Lat. In Roman law. A presi­dent or governor. Called a "nomen gen­erate" including pro-consuls, legates, and all who governed provinces.
PRJBSTARE. Lat. In Roman law. "Prcestare" meant to make good, and, when used in conjunction with the words "dare," "facere" "oportere," denoted obligations of a personal character, as opposed to real rights.
Frsestat oautela quam medela. Pre­vention is better than cure. Co. Litt 3046.
Prsesumatur pro justitia sententise.
The presumption should be in favor of the justice of a sentence. Best, Ev. Introd. 42.
Prsesumitur pro legitimatione. The
presumption is In favor of legitimacy. 1 BL Comm. 457; 5 Coke, 98&.
Prsesumitur pro negante. It is pre­sumed for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton.
PROSUMPTIO. Lat Presumption; a presumption. Also intrusion, or the unlaw­ful taking of anything.
—Prsesumptio fortior. A strong presump­tion ; a presumption of fact entitled to great weight. One which determines the tribunal in its belief of an alleged fact, without, however, excluding the belief of the possibility of its be­ing otherwise; the effect of which is to Bhift the burden of proof to the opposite party, and, if this proof be not made, the presumption is held for truth. Hub. Prsel. J. C. lib. 22, tit 3, n. 16; Burrill, Circ. Ev. 66.—Prsesumptio hominis. The presumption of the man or in­dividual ; that is, natural presumption unfet­tered by strict rule.—Prsesumptio juris. A legal presumption or presumption of law; that is, one in which the law assumes the existence of something until it is disproved by evidence; a conditional, inconclusive, or rebuttable pre­sumption. Best, Ev. § 43.—Prsesumptio juris et de jure. A presumption of law and of right; a presumption which the law will not suffer to be contradicted; a conclusive or ir­rebuttable presumption.—Prsesumptio mu-ciana. In Roman law. A presumption of law that property in the hands of a wife came to her as a gift from her husband and was not acquired from other sources; available only in doubtful cases and until the contrary is shown. See Mackeld. Rom. Law, § 560.
Prsesumptio, ex eo quod plerumque fit. Presumptions arise from what general-
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ly happens. Post y. Pearsall, 22 Wend. (N. Y.) 425, 475.
Prsesumptio violenta plena probatio.
Co. Litt 66. Strong presumption is full proof.
Prsesumptio violenta valet in lege.
Strong presumption is of weight in law. Jenk. Cent p. 56, case 3.
Prsesnmptiones sunt conjecturae ex signo verisimili ad probandum assumptse. Presumptions are conjectures from probable proof, assumed for purposes of evidence. J. Voet, Com. ad Pand. 1. 22, tit 3, n. 14.
PR.32TERITIO. Lat A passing over or omission. Used in the Roman law to de­scribe the act of a testator in excluding a given heir from the inheritance by silently passing him by, that is, neither instituting nor formally disinheriting him. See Mack-eld. Rom. Law, { 711.
Prsetextn licit! non debet admitti illi-citnm. Under pretext of legality, what is illegal ought not to be admitted. Wing. Max. p. 728, max. 196.
PR.2ETEXTUS. Lat. A pretext; a pre­tense or color. Prcetextu cujus, by pretense, or under pretext whereof. 1 Ld. Raym. 412.
PR.S2TOR. Lat In Roman law. A municipal officer of the city of Rome, being the chief judicial magistrate, and possessing an extensive equitable jurisdiction.
-^Praetor fidei-commissaring. In the civil law. A special praetor created to pronounce
i'udgment in cases of trusts or fidei-commissa. nst. 2, 23, 1.
PREVARICATOR. Lat. In the civil law. One who betrays his trust, or is un­faithful to his trust Ah advocate who aids the opposite party by betraying his client's cause. Dig. 47, 15, 1.
PRiEVENTO TERMINO. In old Scotch practice. A form of action known in the forms of the court of session, by which a delay to discuss a suspension or advocation was got the better of. Bell.
PRAGMATIC SANCTION. In French law. An expression used to designate those ordinances which concern the most impor­tant objects of the civil or ecclesiastical ad­ministration. Merl. Repert
In the civil law. The answer given by the emperors on questions of law, when con­sulted by a corporation or the citizens of a province or of a municipality, was called a "pragmatic sanction." Lee EL Dr. Rom. i 53.
PRAGMATICA. In Spanish colonial law. An order emanating from the sov-
ereign, and differing from a cedula only Id form and in the mode of promulgation. Schm. Civil Law, Introd. 93, note.
PRAIRIE. An extensive tract of level or rolling land, destitute of trees, covered with coarse grass, and usually characterized by a deep, fertile soil. Webster. See Buxton v. Railroad Co., 58 Mo. 45; Brunell v. Hop­kins, 42 Iowa, 429.
PRATIQUE. A license for the master of a ship to traffic in the ports of a given country, or with the inhabitants of a given port, upon the lifting of quarantine or pro­duction of a clean bill of health.
PRAXIS. Lat. Use; practice.
Praxis, jndicum est interpTes legnm.
Hob. 96. The practice of the judges is the interpreter of the laws.
PRAY IN AID. In old English practice. To call upon for assistance. In real actions, the tenant might pray in aid or call for assistance of another, to help him to plead, because of the feebleness or imbecility of his own estate. 3 Bl. Comm. 300.
PRAYER. The request contained in a bill in equity that the court will grant the process, aid, or relief which the complainant desires. Also, by extension, the term is ap­plied to that part of the bill which contains this request
PRAYER OF PROCESS is a petition with which a bill in equity used to conclude, to the effect that a writ of subpoena might issue against the defendant to compel him to answer upon oath all the matters charged against him in the bill.
PREAMBLE. A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the ob­jects sought to be accomplished. See Town-send v. State, 147 Ind. 624, 47 N. E. 19, 37 L. R. A. 294, 62 Am. St Rep. 477; Fenner v. Luzerne County, 167 Pa. 632, 31 Atl. 862; Lloyd v. Urison, 2 N. J. Law, 224; Cover-dale v. Edwards, 155 Ind. 374, 58 N. E. 495.
PREAPPOINTED EVIDENCE. The
kind and degree of evidence prescribed in advance (as, by statute) as requisite for the proof of certain facts or the establishment of certain instruments. It is opposed to casual evidence, which is left to grow nat­urally out of the surrounding circumstances.
PREAUDIENCE. The right of being heard before another. A privilege belonging to the English bar, the members of which are entitled to be heard in their order, ac­cording to rank, beginning with the king's attorney general, and ending with barristers at large. 3 Steph. Comm. 387, note.

PREBEND
928
PRECEPT

PREBEND. In English ecclesiastical law. A stipend granted in cathedral church­es; also, but improperly, a prebendary. A simple prebend is merely a revenue; a pre­bend with dignity has some jurisdiction at­tached to it. The term "prebend" is general­ly confounded with "canonicate;" but there is a difference between them. The former is the stipend granted to an ecclesiastic in consideration of his officiating and serving in the church; whereas the canonicate is a mere title or spiritual quality which may exist independently of any stipend. 2 Steph. Comm. 674, note.
PREBENDARY. An ecclesiastical per­son serving on the staff of a cathedral, and receiving a stated allowance or stipend from the income or endowment of the cathedral, in compensation for his services.
PREC ARIZE, or PRECES. Day-works which the tenants of certain manors were bound to give their lords in harvest time. Magna precaria. was a great or general reap­ing day. Cowell.
PRECARIOUS. Liable to be returned or rendered up at the mere demand or re­quest of another; hence held or retained only on sufferance or by permission; and by an extension of meaning, doubtful, uncertain, dangerous, very liable to break, fail, or ter­minate.
—Precarious circumstances. The circum­stances of an executor are precarious, within the meaning and intent of a statute, only when his character and conduct present such evi­dence of improvidence or recklessnss in the management of the trust-estate, or of his own, as in the opinion of prudent and discreet men endangers its security. Shields v. Shields, 60 Barb. (N. Y.) 56.—Precarious loan. A bail­ment by way of loan which is not to continue for any fixed time, but may be recalled at the mere will and pleasure of the lender.—Precari­ous possession. In modern civil law, posses­sion is called "precarious" which one enjoys by the leave of another and during his pleas­ure. Civ. Code La. 1900, art. 3556.—Precari­ous right. The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke it-Precarious trade. In international law. Such trade as may be carried on by a neutral between two belligerent powers by the mere sufferance of the latter.
PRECARIUM. Lat. In the civil law. A convention whereby one allows another the use of a thing or the exercise of a right gra­tuitously till revocation. The bailee acquires thereby the lawful possession of the thing, except in certain cases. The bailor can re-demand the thing at any time, even should he have allowed it to the bailee for a desig­nated period. Mackeld. Rom. Law, § 447.
PRECATORY. Having the nature of prayer, request, or entreaty; conveying or embodying a recommendation or advice or
the expression of a wish, but not a positive command or direction.
—Precatory trust. A trust created by cer­tain words, which are more like words of en­treaty and permission than of command or ceiv tainty. Examples of such words, which the courts have held sufficient to constitute a trust, are "wish and request," "have fullest confi­dence," "heartily beseech," and the like. Ra palje & Lawrence. See Hunt v. Hunt, 18 Wash. 14, 50 Pac. 578; Bohon v. Barrett, 79 Ky. 378; Aldrich v. Aldrich, 172 Mass. 101, 51 N. E. 449.—Precatory words. Words of entreaty, request, desire, wish, or recom­mendation, employed in wills, as distinguished from direct and imperative terms. 1 Williams, Ex'rs, 88, 89, and note. And see Pratt v. Miller, 23 Neb. 496, 37 N. W. 263; Pratt v. Pratt Hospital, 88 Md. 610, 42 Atl. 51.
PRECEDENCE, or PRECEDENCY.
The act or state of going before; adjustment of place.
—Precedence, patent of. In English law. A grant from the crown to such barristers as it thinks proper to honor with that mark of dis­tinction, whereby they are entitled to such rank and preaudience as are assigned in their respec­tive patents. 3 Steph. Comm. 274.
PRECEDENT. An adjudged case or de­cision of a court of justice, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law.
A draught of a conveyance, settlement, will, pleading, bill, or other legal instrument, which is considered worthy to serve as a pattern for future instruments of the same nature.
PRECEDENT CONDITION. Such as must happen or be performed before an es­tate can vest or be enlarged. See Condition Pbecedent.
PRECEDENTS SUB SILENTIO. Si­lent uniform course of practice, uninter­rupted though not supported by legal de­cisions. See Calton v. Bragg, 15 East, 226; Thompson v. Musser, 1 Dall. 464, 1 L. Ed. 222.
Precedents that pass sub silentio are of little or, no authority. 16 Yin. Abr. 499.
PRECEPARTIUM. The continuance of a suit by consent of both parties. Cowell.
PRECEPT. In English and American law. An order or direction, emanating from authority, to an officer or body of officers, commanding him or them to do some act within the scope of their powers.
Precept is not to be confined to civil proceed­ings, and is not of a more restricted meaning than "process." It includes warrants and pro­cesses in criminal as well as civil proceedings. Adams t. Vose, 1 Gray (Mass.) 51, 58.
"Precept" means a commandment in writ­ing, sent out by a justice of the peace or

PRECEPT
929
PREDECESSOR

other like officer, for the bringing of a per­son or record before him. Cowell.
The direction formerly issued by a sheriff to the proper returning officers of cities and boroughs within his jurisdiction for the elec­tion of members to serve in parliament. 1 Bl. Comm. 178.
The direction by the judges or commis­sioners of assize to the sheriff for the sum­moning a sufficient number of jurors. 3 Steph. Comm. 516.
The direction issued by the clerk of the peace to the overseers of parishes for making out the jury lists. 3 Steph. Comm. 516, note.
In old English criminal law. Instiga­tion to commit a crime. Bract. foL 1386; Cowell.
In Scotch law. An order, mandate, or warrant to do some act The precept of sei­sin was the order of a superior to his bailie, to give infeftment of certain lands to his vassal. Bell.
In old French law. A kind of letters Issued by the king In subversion of the laws, being orders to the judges to do or tolerate things contrary to law.
—Precept of clare constat. A deed in the Scotch law by which a superior acknowledges the title of the heir of a deceased vassal to suc­ceed to the lands.
PRECES. Lat In Roman law. Prayers. One of the names of an application to the emperor. Tayl. Civil Law, 230.
PRECES PRIMARY. In English ec­clesiastical law. A right of the crown to name to the first prebend that becomes va­cant after the accession of the sovereign, in every church of the empire. This right was exercised by the crown of England in the reign of Edward I. 2 Steph. Comm. 670, note.
PRECINCT. A constable's or police dis­trict. The immediate neighborhood of a palace or court. A poll-district. See Union Pac. Ry. Co. v. Ryan, 113 U. S. 516, 5 Sup. Ct 601, 28 L. Ed. 1098; Railway Co. v. Oconto, 50 Wis. 189, 6 N. W. 607, 36 Am. Rep. 840; State v. Anslinger, 171 Mo. 600, 71 S. W. 1041.
PRECIPE. Another form of the name of the written instructions to the clerk of court; also spelled "precipe" (g. v.)
PRECIPITIN TEST. Precipitins are formations in the blood of an animal In­duced by repeated injections into its veins of the blood-serum of an animal of another species; and their importance in diagnosis lies in the fact that when the blood-serum of an animal so treated is mixed with that of any animal of the second species (or a closely related species) and the mixture kept Bl.Law Dict.(2d Ed.)—59
at a temperature of about 98 degrees for several hours, a visible precipitate will re­sult, but not so if the second ingredient of the mixture is drawn from an animal of an entirely different species. In medico-legal practice, therefore, a suspected stain or clot having been first tested by other meth­ods and demonstrated to be blood, the ques­tion whether it is the blood of a human being or of other origin is resolved by mix­ing a solution of it with a quantity of blood-serum taken from a rabbit or some other small animal which has been previously prepared by injections of human blood-serum. After treatment as above described, the presence of a precipitate will furnish strong presumptive evidence that the blood tested was of human origin. The test is not absolutely conclusive, for the reason that blood from an anthropoid ape would produce the* same result, in this experiment, -as hu­man blood. But if the alternative hypo­thesis presented attributed the blood in ques­tion to some animal of an unrelated species (as, a dog, sheep, or horse) the precipitin test could be fully relied on, as also in the case where no precipitate resulted.
PRECIPUT. In French law. A portion of an estate or inheritance which falls to one of the co-heirs over and albove his equal share with the rest, and which is to be taken out before partition is made.
PRECLUDI NON. Lat. In pleading. The commencement of a replication to a plea in bar, by which the plaintiff "says that, by reason of anything in the said plea alleged, he ought not to be barred from having and maintaining his aforesaid action against him, the said defendant, because he says," etc. Steph. PI. 440.
PRECOGNITION. In Scotch practice. Preliminary examination. The investigation of a criminal case, preliminary to commit­ting the accused for trial. 2 Alis. Crim. Pr. 134.
PRECOGNOSCE. In Scotch practice. To examine beforehand. Arkley, 232.
PRECONIZATION. Proclamation.
PRECONTRACT. A contract or engage­ment made by a person, which is of such a nature as to preclude him from lawfully entering into another contract of the same nature. See 1 Bish. Mar. & Div. §§ 112, 272.
PREDECESSOR. One who goes or has gone before; the correlative of "successor." Applied to a body politic or corporate, in the same sense as "ancestor" is applied to a nat­ural person. Lorillard Co. v. Peper (C. C) 65 Fed. 598.
In Scotch law. An ancestor. 1 Karnes Eq. 371.

PREDIAL SERVITUDE 930
PREFERRED

PREDIAL SERVITUDE. A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another owner. Civil Code La. art. 647. See Predial Servitude.
PREDICATE. In logic. That which is said concerning the subject in a logical prop­osition; as, "The law is the perfection of common sense." "Perfection of common sense," being affirmed concerning the law, (the subject,) is the predicate or thing predicated. Wharton; Bourland v. Hildreth, 26 Cal. 232.
PREDOMINANT. This term, in its natural and ordinary signification, is under­stood to be something greater or superior in power and influence to others, with which it is connected or compared. So understood, a "predominant motive," when several mo­tives may have operated, is one of greater force and effect, in producing the given re­sult, than any other motive. Matthews v. Bliss, 22 Pick. (Mass.) 53.
PRE-EMPTION. In international law. The right of pre-emption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. 1 Chit. Com. Law, 103.
In English law. The first buying of a thing. A privilege formerly enjoyed by the crown, of buying up provisions and other necessaries, by the intervention of the king's purveyors, for the use of his royal house­hold, at an appraised valuation, in prefer­ence to all others, and even without consent of the owner. 1 Bl. Comm. 287; Garcia y. Callender, 125 N. Y. 307, 26 N. E. 283.
In the United States, the right of pre­emption is a privilege accorded by the gov­ernment to the actual settler upon a certain limited portion of the public domain, to pur­chase such tract at a fixed price to the ex­clusion of all other applicants. Nix v. Allen, 112 U. S. 129, 5 Sup. Ct. 70, 28 L. Ed. 675; Bray v. Ragsdale, 53 Mo. 170.
—Pre-emption claimant. One who has set­tled upon land subject to pre-emption, with the intention to acquire title to it, and has com­plied, or is proceeding to comply, in good faith, with the requirements of the law to perfect his right to it. Hosmer v. Wallace, 97 U. S. 575, 581, 24 L. Ed. 1130.—Pre-emption en­try. See Entry.—Pre-emption right. The right given to settlers upon the public lands of the United States to purchase them at a limited price in preference to others.
PRE-EMPTIONER. One who, by set­tlement upon the public land, or by cultiva­tion of a portion of it, has obtained the right to purchase a portion of the land thus settled upon or cultivated, to the exclusion of all other persons. Dillingham v. Fisher,
5 Wis. 480. And see Doe v. Beck, 108 Ala. 71, 19 South. 802.
PREFECT. In French law. The name given to the public functionary who is charg­ed in chief with the administration of the laws, in each department of the country. Merl. Repert See Crespin v. U. S., 168 U. S. 208, IS Sup. Ct 53, 42 L. Ed. 438. The term is also used, in practically the same sense, in Mexico. But in New Mexico, a pre­fect is a probate judge.
PREFER. To bring before; to prose­cute; to try; to proceed with. Thus, pre­ferring an indictment signifies prosecuting or trying an indictment.
To give advantage, priority, or privilege; to select for first payment, as to prefer one creditor over others.
PREFERENCE. The act of an insolvent debtor who, in distributing his property or in assigning it for the benefit of his credit­ors, pays or secures to one or more credit­ors the full amount of their claims or a larger amount than they would be entitled to receive on a pro rata distribution.
Also the right held by a creditor, in virtue of some lien or security, to be preferred above others (*. e., paid first) out of the debt­or's assets constituting the fund for credit­ors. See Pirie v. Chicago Title & Trust Co., 182 U. S. 438, 21 Sup. Ct 906, 45 L. Ed. 1171; Ashby v. Steere, 2 Fed. Cas. 15; Chad-bourne v. Harding, 80 Me. 580, 16 Atl. 248; Chism v. Citizens' Bank, 77 Miss. 599, 27 South. 637; In re Ratliff (D. C.) 107 Fed. 80; In re Stevens, 38 Minn. 432, 38 N. W. 111.
PREFERENCE SHARES. A term used in English law to designate a new issue of shares of stock in a company, which, to facilitate the disposal of them, are accorded a priority or preference over the original shares.
Such shares entitle their holders to a pref­erential dividend, so that a holder of them is entitled to have the whole of his dividend (or so much thereof as represents the extent to which his shares are, by the constitution of the company, to be deemed preference shares) paid before any dividend is paid to the ordinary shareholders. Mozley & Whit­ley.
PREFERENTIAL ASSIGNMENT. An
assignment of property for the benefit of creditors, made by an insolvent debtor, in which it is directed that a preference (right to be paid first in full) shall be given to a creditor or creditors therein named.
PREFERRED. Possessing or accorded a priority, advantage, or privilege. Gener­ally denoting a prior or superior claim or right of payment as against another thing of

PREFERRED
931
PREMISES

the same kind or class. See State r. CSheraw & O. R. Co., 16 S. a 528.
—Preferred creditor. A creditor whom the debtor has directed shall be paid before other creditors.—Preferred debt. A demand which has priority; which is payable in full before others are paid at all.—Preferred dividend. See Dividend.—Preferred stock. See Stock.
PREGNANCY. In medical jurispru­dence. The state of a female who has with­in her ovary or womb a fecundated germ, which gradually becomes developed in the latter receptacle. Dungl. Med. Diet.
—Pregnancy, plea o'f. A plea which a wo­man capitally convicted may plead in stay of execution; for this, though it is no stay of judgment, yet operates as a respite of execu­tion until she is delivered. Brown.
PREGNANT NEGATIVE. See Nega­tive PREGNANT.
PREJUDICE. A forejudgment; bias; preconceived opinion. A leaning towards one side of a cause for some reason other than a conviction of its justice. Willis v. State, 12 Ga. 449; Hungerford v. Cushing, 2 Wis. 405; State v. Anderson, 14 Mont. 541, 37 Pac. 1; Hinkle v. State, 94 Ga. 595, 21 S. E. 595; Keen v. Brown, 46 Fla. 487, 35 South. 401.
The word "prejudice" seemed to imply nearly the same thing as "opinion," a prejudgment of the case: and not necessarily an enmity or ill will against either party. Com. v. Webster, 5 Cush. (Mass.) 297, 52 Am. Dec. 711.
"Prejudice" also means injury, loss, or damnification. Thus, where an offer or ad­mission is made "without prejudice," or a motion is denied or a bill in equity dismissed "without prejudice," it is meant as a declara­tion that no rights or privileges of the party concerned are to be considered as thereby waived or lost, except in so far as may be expressly conceded or decided.
PRELATE. A clergyman of a superior order, as an archbishop or a bishop, having authority over the lower clergy; a dignitary of the church. Webster.
PRELEVEMENT. Fr. In French law. A preliminary deduction; particularly, the portion or share which one member of a firm is entitled to take out of the partnership as­sets before a division of the property is made between the partners.
PRELIMINARY. Introductory; initia­tory; preceeding; temporary and provision­al; as preliminary examination, injunction, articles of peace, etc.
—Preliminary act. In English admiralty practice. A document stating the time and place of a collision between vessels, the names of the vessels, and other particulars, required to be filed by each solicitor in actions for damage by such collision, unless the court or a judge shall otherwise order. Wharton.—Prelimina­ry injunction. See Injunction.—Prelimi-
nary proof. In insurance. The first proof offered of a loss occurring under the pcflicy, usually sent in to the underwriters with the notification of claim.
PREMEDITATE. To think of an act beforehand; to contrive and design; to plot or lay plans for the execution of a purpose. See Deliberate.
PREMEDITATION. The act of medi­tating in advance; deliberation upon a con­templated act; plotting or contriving; a de­sign formed to do something before it is done. See State v. Spivey, 132 N. C. 989, 43 S. E. 475; Fahnestock v. State, 23 Ind. 231; Com. v. Perrier, 3 Phila. (Pa.) 232; Atkinson v. State, 20 Tex. 531; State v. Reed, 117 Mo. 604, 23 S. W. 886; King v. State, 91 Tenn. 617, 20 S. W. 169; State v. Carr, 53 Vt. 46; State v. Dowden, 118 N. C. 1145, 24 S. E. 722; Savage v. State, 18 Fla. 965; Com. v. Drum, 58 Pa. 16; State v. Lindgrind, 33 Wash. 440, 74 Pac. 565.
PREMIER. A principal minister of state; the prime minister.
PREMIER SERJEANT, THE QUEEN'S. This officer, so constituted by letters patent, has preaudience over the bar after the attorney and solicitor general and queen's advocate. 3 Steph. Comm. (7th Ed.) 274, note.
PREMISES. That which is put before; that which precedes; the foregoing state­ments. Thus, in logic, the two introductory propositions of the syllogism are called the "premises," and from them the conclusion is deduced. So, in pleading, the expression "in consideration of the premises" frequently occurs, the meaning being "in consideration of the matters hereinbefore stated." See Teutonia F. Ins. Co. v. Mund, 102 Pa. 93; Alaska Imp. Co. v. Hirsch, 119 Cal. 249, 47 Pac. 124.
In conveyancing. That part of a deed which precedes the habendum, in which are set forth the names of the parties with their titles and additions, and in which are recited such deeds, agreements, or matters of fact as are necessary to explain the reasons upon which the present transaction is founded; and it is here, also, the consideration on which it is made is set down and the cer­tainty of the thing granted. 2 Bl. Comm. 298. And see Miller v. Graham, 47 S. C. 288, 25 S. E. 165; Brown v. Manter, 21 N. H. 533, 53 Am. Dec. 223; Rouse v. Steamboat Co., 59 Hun, 80, 13 N. Y. Supp. 126.
In estates. Lands and tenements; an es­tate ; the subject-matter of a conveyance.
The term "premises" is used in common par­lance to signify land, with its appurtenances; but its usual and appropriate meaning in a conveyance is the thing demised or granted by the deed. New Jersey Zinc Co. v. New Jersey Frankhnite Co„ 13 N. J. Eq. 322; In re Rohr-

PREMISED
932
PREROGATIVE

bacher's Estate, 168 Pa. 158, 32 Atl. 30; Cum-nungs v. Dearborn, 56 Vt. 441; State r. French, 120 Ind. 229, 22 N. E. 108.
The word is also used to denote the sub­ject-matter insured in a policy. 4 Campb. 89.
In equity pleading. The stating part of a bill. It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done and against whom he seeks redress. Story, Eq. PL § 27.
PREMIUM. The sum paid or agreed to be paid by an assured to the underwriter as the consideration for the insurance; being a certain rate per cent on the amount in­sured. 1 Phil. Ins. 205; State v. Pittsburg, etc., By. Co., 68 Ohio St 9, 67 N. E. 93, 64 L. R. A. 405, 96 Am St Rep. 635; Hill v. Insurance Co., 129 Mich. 141, 88 N. W. 392.
A bounty or bonus; a consideration given to invite a loan or a bargain; as the consid­eration paid to the assignor by the assignee of a lease, or to the transferrer by the trans­feree of shares of stock, etc. So stock is said to be "at a premium" when its market price exceeds its nominal or face value. Rhode Island Hospital Trust Co. v. Arming-ton, 21 R. I. 33, 41 Atl. 571; White v. Wil­liams, 90 Md. 719, 45 AtL 1001; Washington, etc., Ass'n v. Stanley, 38 Or. 319, 63 Pac. 489, 58 L. R. A. 816, 84 Am. St Rep. 793; Building Ass'n v. Eklund, 190 111. 257, 60 N. E. 521, 52 L. R. A. 637. See Pab.
In granting a lease, part- of the rent is sometimes capitalized and paid in a lump sum at the time the lease is granted. This is called a "premium."
—Premium note. A promissory note given by the insured for part or all of the amount of the premium.—Premium pudicitise. The price of chastity. A compensation for the loss of chastity, paid or promised to, or for the benefit of, a seduced female.
PREMUNIRE. See Ps^muniek.
PRENDA. In Spanish law. Pledge. White, New Recop. b. 2, tit 7.
PRENDER, PRENDRE. L. Fr. To
take. The power or right of taking a thing without waiting for it to be offered. See A Pbendeb.
PRENDER DE BARON. L. Fr. In old
English law. A taking of husband; mar­riage. An exception or plea which might be used to disable a woman from pursuing an appeal of murder against the killer of her former husband. Staundef. P. C. lib. 3, c 59.
PREPENSE. Forethought; preconceiv­ed; premeditated. See Territory v. Banni-gan, 1 Dak. 451, 46 N. W. 597; People T. Clark, 7 N. Y. 385.
PREPONDERANCE. This word means something more than "weight;" it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantial­ly different There is generally a "weight" of evidence on each side in case of con­tested facts. But juries cannot properly act upon the weight of evidence, in favor of the one having the onus, unless it overbear, in some degree, the weight upon the other side. Shinn v. Tucker, 37 Ark. 5S8. And see Hoff­man v. Loud, 111 Mich. 158, 69 N. W. 231; Willcox v. Hines, 100 Tenn. 524, 45 S. W. 781, 66 Am. St Rep. 761; Mortimer v. Mc-Mullen, 202 111. 413, 67 N. E. 20; Bryan y. Chicago, etc, R. Co., 63 Iowa, 464, 19 N. W. 295.
PREROGATIVE. An exclusive or pecu­liar privilege. The special power, privilege, immunity, or advantage vested in an offi­cial person, either generally, or in respect to the things of his office, or in an official body, as a court or legislature. See Attor­ney General v. Blossom, 1 Wis. 317; Attor­ney General v. Eau Claire, 37 Wis. 443.
In English law. That special pre-emi­nence which the king (or queen) has over and above all other persons, in right of his (or her) regal dignity. A term used to de­note those rights and capacities which the sovereign enjoys alone, in contradistinction to others. 1 Bl. Comm. 239.
—Prerogative court. In English law. A court established for the trial of all testamen­tary causes, where the deceased left bona nota-oilia within two different dioceses; in which case the probate of wills belonged to the arch­bishop of the province, by way of special prerog­ative. And all causes relating to the wills, ad­ministrations, or legacies of such persons were originally cognizable herein, before a judge ap­pointed by the archbishop, called the "judge of the prerogative court," from whom an ap­peal lay to the privy council. 3 Bl. Comm. 66; 3 Steph. Comm. 432. In New Jersey the prerogative court is the court of appeal from decrees of the orphans' courts in the several counties of the state. The court is held before the chancellor, under the title of the "ordinary." See In re Coursen's Will, 4 N. J. Eq. 413; Flanigan v. Guggenheim Smelting Co., 63 N. J. Law, 647, 44 Atl. 762; Robinson v. Fair, 128 U. S. 53, 9 Sup. Ct. 30, 32 L. Ed. 415.—Pre­rogative law. That part of the common law of England which is more particularly applic­able to the king. Com. Dig. tit "Ley," A.— Prerogative writs. In English law, the name is given, to certain" judicial writs issued by the courts only upon proper cause shown, never as a mere matter of right, the theory being that they involve a direct interference by the government with the liberty and property of the subject and therefore are justified only as an exercise of the extraordinary power (pre­rogative) of the crown. In America, a theory has sometimes been advanced that these writs should issue only in cases publici juris and those affecting the sovereignty of the state, or its franchises or prerogatives, or the liberties of the people. But their issuance is now general­ly regulated by statute, and the use of the term prerogative," in describing them, amounts only to a reference to their origin and history. These writs are the writs of mandamus, procedendo, prohibition, quo warranto, habeas corpus, and certiorari. See 3 Steph. Comm. 629; Territory

PRES
933
PRESENCE

T. Ashenfelter, 4 N. M. 93, 12 Pac. 879; State T. Archibald, 5 N. D. 359, 66 N. W. 234; Du-luth Elevator Co. v. White, 11 N. D. 534, 90 N. W. 12; Attorney General v. Eau Claire, 37 Wis. 400.
PRES. L. Fr. Near. Cy pre*, so near; as near. See Cy Pres.
PRESBYTER. Lat. In civil and ec­clesiastical law. An elder; a presbyter; a priest. Cod. 1, 3, 6, 20; Nov. 6.
PRESBYTERIUM. That part of the church where divine offices are performed; formerly applied to the choir or chancel, be­cause it was the place appropriated to the bishop, priest, and other clergy, while the laity were confined to the body of the church. Jacob.
PRESCRIBABLE. That to which a right may be acquired by prescription.
PRESCRIBE. To assert a right or title to the enjoyment of a thing, on the ground of having hitherto had the uninterrupted and immemorial enjoyment of it.
To direct; define; mark out. In modern statutes relating to matters of an administra­tive nature, such as procedure, registration, etc., it is usual to indicate in general terms the nature of the proceedings to be adopted, and to leave the details to be prescribed or regulated by rules or orders to be made for that purpose in pursuance of an authority contained in the act. Sweet And see Mans­field v. People, 164 111. 611, 45 N. E. 976; Ex parte Lothrop, 118 U. S. 113, 6 Sup. Ct 984, 30 L. Ed. 108; Field v. Marye, 83 Va. 882, 3 S. E. 707.
PRESCRIPTION. A mode of acquiring title to incorporeal hereditaments grounded on the fact of immemorial or long-continued enjoyment. See Lucas v. Turnpike Co., 36 W. Va. 427, 15 S. E. 182; Gayetty v. Bethune, 14 Mass. 52, 7 Am. Dec. 188; Louisville & N. R. Co. v. Hays, 11 Lea (Tenn.) 388, 47 Am. Rep. '291; Clarke v. Clarke, 133 Cal. 667, 66 Pac. 10; Alhambra Addition Water Co. v. Richardson, 72 Cal. 598, 14 Pac. 379; Stevens v. Dennett, 51 N. H. 329.
Title by prescription is the right which a possessor acquires to property by reason of the continuance of his possession for a period of time fixed by the laws. Code Ga. 1882, i 2678.
"Prescription" is the term usually applied to incorporeal hereditaments, while "adverse possession" is applied to lands. Hindley v. Metropolitan El. R. Co., 42 Misc. Rep. 56, 85 N. T. Supp. 561.
In Louisiana, prescription is defined as a manner of acquiring the ownership of prop­erty, or discharging debts, by the effect of time, and under the conditions regulated by law. Each of these prescriptions has its special and particular definition. The pre-
scription by which the ownership of proper­ty is acquired, is a right by which a mere pos­sessor acquires the ownership of a thing which he possesses by the continuance of his possession during the time fixed by law. The prescription by which debts are released, is a peremptory and perpetual bar to every species of action, real or personal, when the creditor has been silent for a certain time without urging his claim. Civ. Code La. arts. 3457-3459. In this sense of the term it is very nearly equivalent to what is else­where expressed by "limitation of actions," or rather, the "bar of the statute of limita­tions."
"Prescription" and "custom" are frequently confounded in common parlance, arising perhaps from the fact that immemorial usage was es­sential to both of them; but, strictly, they ma­terially differ from one another, in that custom is properly a local impersonal usage, such as borough-English, or postremogeniture, which is annexed to a given estate, while prescription is simply personal, as that a certain man and his ancestors, or those whose estate he enjoys, have immemorially exercised a right of pasture-com­mon in a certain parish. Again, prescription has its origin in a grant, evidenced by usage, and is allowed on account of its loss, either ac­tual or supposed, and therefore only those things can be prescribed for which could be raised by a grant previously to 8 & 9 Vict c. 106, § 2; but this principle does not necessarily hold in the case of a custom. Wharton.
The difference between "prescription," "cus­tom," and "usage" is also thus stated: "Pre­scription hath respect to a certain person who, by intendment may have continuance forever, as, for instance, he and all they whose estate he hath in such a thing,—this is a prescription; while custom is local, and always applied to a certain place, and is common to all; while usage differs from both, for it may be either to persons or places." Jacob.
—Corporations by prescription. In Eng­lish law. Those which have existed beyond the memory of man, and therefore are looked upon in law to be well created, such as the city of London.—Prescription act. The statute 2 & 3 Wm. IV. c. 71, passed to limit the period of prescription in certain cases.—Prescription in a que estate. A claim of prescription based on the immemorial enjoyment of the right claim­ed, by the claimant and those former owners "whose estate" he has succeeded to and holds. See Donnell v. Clark, 19 Me. 182.—Time of prescription. The length of time necessary to establish a right claimed by prescription or a title by prescription. Before the act of 2 & 3 Wm. IV. c. 71, the possession required' to constitute a prescription must have existed "time out of mind" or "beyond the memory of man." that is, before the reign of Richard I.; but the time of prescription, in certain cases, was much shortened by that act. 2 Steph. Comm. 35.
PRESENCE. The existence of a person in a particular place at a given time, partic­ularly with reference to .some act done there and then. Besides actual presence, the law recognizes constructive presence, which lat­ter may be predicated of a person who, though not on the very spot, was near enough to be accounted present by the law, or who was actively co-operating with another who was actually present See Mitchell v. Com., 33 Grat (Va.) 868.

PRESENT
934
PRESIDENT

PRESENT, v. In English ecclesiastical law. To offer a clerk to the bishop of the diocese, to be instituted. 1 Bl. Comm. 389.
In criminal law. To find or represent judicially; used of the official act of a grand jury when they take notice of a crime or offense from their own knowledge or observa­tion, without any bill of indictment laid be­fore them.
In the law of negotiable instruments. Primarily, to present is to tender or offer. Thus, to present a bill of exchange for ac­ceptance or payment is to exhibit it to the drawee or acceptor, (or his authorized agent,) with an express or implied demand for ac­ceptance or payment. Byles, Bills, 183, 201.
PRESENT, n. A gift; a gratuity; any­thing presented or given.
PRESENT, adj. Now existing; at hand; relating to the present time; considered with reference to the present time.
—Present enjoyment. The immediate or present possession and use of an estate or prop­erty, as distinguished from such as is post­poned to a future time.—Present estate. An estate in immediate possession; one now exist­ing, or vested at the present time; as distin­guished from a future estate, the enjoyment of which is postponed to a future time.—Present Interest. One which entitles the owner to the immediate possession of the property. Civ. Code Mont. 1895, § 1110; Rev. Codes N. D. 1899, § 3288; Civ. Code S. D. 1903, § 204. —Present use. One which has an immediate existence, and is at once operated upon by the statute of uses.
PRESENTATION. In ecclesiastical law. The act of a patron or proprietor of a living in offering or presenting a clerk to the ordi­nary to be instituted in the benefice.
—Presentation office. The office of the lord chancellor's official, the secretary of presenta­tions, who conducts all correspondence having reference to the twelve canonries and six hun­dred and fifty livings in the gift of the lord chancellor, and, draws and issues the fiats of ap­pointment. Sweet.
PRESENTATIVE ADVOWSON. See
AdvoVson.
PRESENTEE. In ecclesiastical law. A clerk who has been presented by his patron to a bishop in order to be instituted in a church.
PRESENTER. One that presents.
PRESENTLY. Immediately; now; at once. A right which may be exercised "pres­ently" is opposed to one in reversion or re­mainder.
PRESENTMENT. In criminal prac­tice. The written notice taken by a grand jury of any offense, from their own knowl­edge or observation, without any bill of in­dictment laid before them at the suit of the government 4 Bl. Comm. 301.
A presentment is an informal statement In writing, by the grand jury, representing to the court that a public offense has been com­mitted which is triable in the county, and that there is reasonable ground for believing that a particular individual named or de­scribed therein has committed it. Pen. Code Cal. § 916. And see In re Grosbois, 109 Cal. 445, 42 Pac. 444; Com. v. Green, 126 Pa. 531, 17 Atl. 878, 12 Am. St. Rep. 894; Mack v. People, 82 N. Y. 237; Eason v. State, 11 Ark. 482; State v. Kiefer, 90 Md. 165, 44 Atl. 1043.
In its limited sense, a presentment is a state­ment by the grand jury of an offense from their own knowledge, without any bill of indictment laid before them, setting forth the name of the party, place of abode, and the offense committed, informally, upon which the officer of the court afterwards frames an indictment. Collins v. State, 13 Fla. 651, 663.
The difference between a presentment and an inquisition is this: that the former is found by a grand jury authorized to inquire of offenses generally, whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offense. 2 Hawk. P. C. c. 25, § 6.
The writing which contains the accusation so presented by a grand jury is also called a "presentment."
Presentments are also made in courts-leet and courts-baron, before the stewards. Steph. Comm. 644.
In contracts. The production of a bill of exchange to the drawee for his acceptance, or to the drawer or acceptor for payment; or of a promissory note to the party liable, for payment of the same.
PRESENTS. The present instrument The phrase "these presents" is used in any legal document to designate the instrument in which the phrase itself occurs.
PRESERVATION. Keeping safe from harm; avoiding injury, destruction, or decay. This term always presupposes a real or ex­isting danger. See Gribble v. Wilson, 101 Tenn. 612, 49 S. W. 736; Neuendorff v. Dur-yea, 52 How. Prac. (N. Y.) 269.
PRESIDE. To preside over a court is to "hold" it,—to direct control, and govern it as the chief officer. A judge may "preside" whether sitting as a sole judge or as one of several" judges. Smith v. People, 47 N. Y. 334.
PRESIDENT. One placed in authority over others; a chief officer; a presiding or managing officer; a governor, ruler, or di­rector.
The chairman, moderator, or presiding offi­cer of a legislative or deliberative body, ap­pointed to keep order, manage the proceed­ings, and govern the administrative details of their business.
The chief officer of a corporation, company, board, committee, etc, generally having the

PRESIDENT
935
PRESUMPTION

main direction and administration of their concerns. Roe v. Bank of Versailles, 167 Mo. 406, 67 S. W. 303.
The chief executive magistrate of a state or nation, particularly under a democratic form of government; or of a province, col­ony, or dependency.
In English law. A title formerly given to the king's lieutenant in a province; as the president of Wales. Cowell.
This word is also an old though corrupted form of "precedent," (q. v.,) used both as a French and English word. Le president est rare. Dyer, 136.
—President of the council. In English law. A great officer of state; a member of the cab­inet. He attends on the sovereign, proposes business at the council-table, and reports to the sovereign the transactions there. 1 Bl. Comm. 230.—President of the United States. The official title of the chief executive officer of the federal government in the United States.
PRESIDENTIAL ELECTORS. A body of electors chosen in the different states, whose sole duty it is to elect a president and vice-president of the United States. Each state appoints, in such manner as the legis­lature thereof may direct, a number of elect­ors equal to the whole number of senators and representatives to which the state is entitled in congress. Const. U. S. art. 2, § 1.
PRESS. In old practice. A piece or skin of parchment, several of which used to be sewed together in making up a roll or rec­ord of proceedings. See 1 Bl. Comm. 183; Townsh. PI. 486.
Metaphorically, the aggregate of publica­tions issuing from the press, or the giving publicity to one's sentiments and opinions through the medium of printing; as in the phrase "liberty of the press."
PRESSING SEAMEN. See Impress­ment.
PRESSING TO DEATH. See Peine
FOBTB ET DUBE.
PREST. In old English law. A duty m money to be paid by the sheriff upon his ac­count in the exchequer, or for money left or remaining in his hands. Cowell.
P REST-MONET. A payment which binds those who receive it to be ready at all times appointed, being meant especially of soldiers. Cowell.
PRESTATION. In old English law. A payment or performance; the rendering of a service.
PRE STATION-MONEY. A sum of
money paid by archdeacons yearly to their bishop; also purveyance. Cowell.
PRESTIMONT, or PRiESTIMONlA.
In canon law. A fund or revenue appropri-
ated by the founder for the subsistence of a priest, without being erected into any title or benefice, chapel, prebend, or priory. It is not subject to the ordinary; but of it the pa­tron, and those who have a right from him, are the collators. Wharton.
PRESTJMPTIO. See Pb.esumptio; Pbe-sumption.
PRESUMPTION. An inference affirma­tive or disaffirmative of the truth or false­hood of any proposition or fact drawn by a process of probable reasoning in the absence of actual certainty of its truth or falsehood, or until such certainty can be ascertained. Best, Pres. § 3.
A rule of law that courts and judges shall draw a particular inference from a particu­lar fact, or from particular evidence, unless and until the truth of such inference is dis­proved. Steph. Ev. 4. And see Lane v. Mis­souri Pac. Ry. Co, 132 Mo. 4, 33 S. W. 645; State v. Tibbetts, 35 Me. 81; Newton v. State, 21 Fla. 98; Ulrich v. Ulrich, 136 N. Y. 120, 32 N. E. 606, 18 L. R. A. 37; U, S. v. Sykes (D. C.) 58 Fed. 1000; Snediker v. Everingham, 27 N. J. Law, 153; Cronan v. New Orleans, 16 La. Ann. 374; U. S. v. Searcey (D. C.) 26 Fed. 437; Doane v. Glenn, 1 Colo. 495.
A presumption is a deduction which* the law expressly directs to be made from particular facts. Code Civ. Proc. Cal. § 1959.
Presumptions are consequences which the law or the judge draws from a known fact to a fact unknown. Civ. Code La. art. 2284.
An inference affirmative or disaffirmative of the existence of a disputed fact, drawn by a ju­dicial tribunal, by a process of probable reason­ing, from some one or more matters of fact, either admitted in the cause or otherwise satis­factorily established. Best, Pres. § 12.
A presumption is an inference as to the exist­ence of a fact not known, arising from its con­nection with the facts that are known, and founded upon a knowledge of human nature and the motives which are known to influence hu­man conduct. Jackson v. Warford, 7 Wend. (N. T.) 62.
Classification.—Presumptions are either pre­sumptions of law or presumptions of fact. "A presumption of law is a juridical postulate that a particular predicate is universally assignable to a particular subject. A presumption of fact is a logical argument from a fact to a fact; or, as the distinction is sometimes put, it is an argument which infers a fact otherwise doubt­ful from a fact which is proved." 2 Whart. Ev. § 1226. See Code Ga. § 2752. And see Home Ins. Co. v. Weide, 11 Wall. 438, 20 L, Ed. 197; Podolski v. Stone, 186 111. 540, 58 N. E. 340; Mclntyre v. Ajax Min. Co., 20 Utah, 323, 60 Pac. 552; U. S. v. Sykes (D. C.) 58 Fed. 1000; Sun Mut. Ins. Co. v. Ocean Ins. Co., 107 U. S. 485, -1 Sup. Ct. 582, 27 L. Ed. 337; Lyon v. Guild, 5 Heisk. (Tenn.) 182; Com. v. Frew, 3 Pa. Co. Ct. R. 496.
Presumptions of law are rules which, in cer­tain cases, either forbid or dispense with any ul­terior inquiry. 1 Greenl. Ev. § 14. Inferences or positions established, for the most part, by the common, but occasionally by the statute, law, which are obligatory alike on judges and juries. Best, Pres. § 15.
^Presumptions of fact are inferences as to the existence of some fact drawn from the existence

PRESUMPTION
936
PRETEXTS

of some other fact; inferences which common sense draws from circumstances usually occur­ring in such cases. 1 Phil. Ev. 436.
Presumptions are divided into prcesumptione* juris et Kde jure, otherwise called "irrebuttable presumptions," (often, but not necessarily, ficti­tious,) which the law will not suffer to be re­butted by any counter-evidence; as, that an in­fant under seven years is not responsible for his actions; prwsumptiones juris tantum, which hold good in the absence of counter-evidence, but against which counter-evidence may be ad­mitted; and prwsumptiones hominis, which are not necessarily conclusive, though no proof to the contrary be adduced. Mozley & Whitley.
There are also certain mixed presumptions, or presumptions of fact recognized by law, or presumptions of mixed law and fact. These are certain presumptive inferences, which, from their strength, importance, or frequent occur­rence, attract, as it were, the observation of the law. The presumption of a "lost grant" falls within this class. Best, Ev. 436. See Dickson v. Wilkinson, 3 How. 57, 11 L. Ed. 491.
Presumptions of law are divided into con­clusive presumptions and disputable presump­tions. A conclusive presumption is a rule of law determining the quantity of evidence requi­site for the support of a particular averment which is not permitted to be overcome by any proof that the fact is otherwise. 1 Greenl. Ev. §15; U. S. v. Clark, 5 Utah, 226, 14 Pac. 288; Brandt v. Morning Journal Ass'n, 81 App. Div. 183, 80 N. Y. Supp. 1002. These are also call­ed "absolute" and "irrebuttable" presumptions. A disputable presumption is an inference of law which holds good until it is invalidated by proof or a stronger presumption.
A natural presumption is that species of pre­sumption, or process of probable reasoning, which is exercised by persons of ordinary in­telligence, in inferring one fact from another, without reference to any technical rules. Oth­erwise called "prwsumptio hominis." Burrill, Circ. Ev. 11, 12, 22, 24.
Legitimate presumptions have been denomi­nated "violent" or "probable," according to the amount of weight which attaches to them. Such presumptions as are drawn from inade­quate grounds x are termed "light" or "rash" presumptions. ' Brown.
—Presumption of survivorship. A pre­sumption of fact, to the effect that one person survived another, applied for the purpose of determining a question of succession or similar matter, in a case where the two persons perish­ed in the same catastrophe, and there are no circumstances extant to show which of them actually died first, except those on which the presumption is founded, viz., differences of age, sex, strength, or physical condition.
PRESUMPTIVE. Resting on presump­tion; created by or arising out of presump­tion ; inferred; assumed; supposed; as, "pre­sumptive" damages, evidence, heir, notice, or title. See those titles.
PRET. In French law. Loan. A con­tract by which one of the parties delivers an article to the other, to be used by the latter, on condition of his returning, after having used it, the same article in nature or an equivalent of the same species and quality. Duverger.
—Pret a interet. Loan at interest. A con­tract by which one of the parties delivers to the other a sum of money, or commodities, or other movable or fungible things, to receive for their use a profit determined in favor of the lende*. Duverger.—PrSt & usage. Loan for use. A
contract by which one of the parties delivers an article to the other, to be used by the latter, the borrower agreeing to return the specific article after having used it. Duverger. A contract identical with the commodatum (q. v.) of the civil law.—Pret de consommation. Loan for consumption. A contract by which one party delivers to the other a certain quantity of things, such as are consumed in the use, on the undertaking of the borrower to return to him an equal quantity of the same species and qual­ity. Duverger. A contract identical with the mutuum (g. v.) of the civil law.
PRETEND. To feign or simulate; to hold that out as real which is false or baseless. Brown v. Perez (Tex. Civ. App.) 25 S. W. 983; Powell v. Yeazel, 46 Neb. 225, 64 N. W. 695. As to the rule against the buying and selling of "any pretended right or title," see Peetensed Right ob Title.
PRETENSE. See False Pretense.
PRETENSED RIGHT, or TITLE.
Where one is in possession of land, and an­other, who is out of possession, claims and sues for it Here the pretensed right or title is said to be in him who so claims and sues for the same. Mod. Cas. 302.
—Pretensed title statute. The English statute 32 Hen. VIII. c. 9, § 2. It enacts that no one shall sell or purchase any pretended right or title to land, unless the vendor has received the profits thereof for one whole year before such grant, or has been in actual posses­sion of the land, or of the reversion or remain­der, on pain that both purchaser and vendor shall each forfeit the value of such land to the king and the prosecutor. See 4 Broom & H. Comm. 150.
PRETENSES. Allegations sometimes made in a bill in chancery for the purpose of negativing an anticipated defense. Hunt, Eq. pt I. c 1. —False pretenses. See False.
PRETENSION. In French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his.
PRETER LEGAL. Not agreeable to law; exceeding the limits of law; not legal.
PRETERITION. In the civil law. The omission by a testator of some one of his heirs who is legally entitled to a portion of the inheritance.
PRETEXTS. In International law. Reasons alleged as justificatory, but which are so only in appearance, or which are even absolutely destitute of all foundation. The name of "pretexts" may likewise be applied to reasons which are In themselves true and well-founded, but, not being of sufficient im­portance for undertaking a war, [or other international act,] are made use of only to cover ambitious views. Vatt Law Nat bk. 3, c. 3, § 32.

PRETIUM
937 PRICKING FOR SHERIFFS

PRETIUM. Lat. Price; cost; value; the price of an article sold.
—Pretium affectionis. An imaginary value put upon a thing by the fancy of the owner, and growing out of his attachment for the specific article, its associations, his sentiment for the donor, etc. Bell; The H. F. Dimock, 77 Fed. 233, 23 O. C. A. 123.—Pretium pe-riculi. The price of the risk, e. g., the pre­mium paid on a policy of insurance; also the inteiest paid on money advanced on bottomry or respondentia.—Pretium sepulchri. A mortuary, (q. v.)
Pretium succedit in locum rei. The
price stands in the place of the thing sold. 1 Bouv. Inst. no. 939; 2 Bulst. 312.
PRETORIUM. In Scotch law. A court­house, or hall of Justice. 3 How. State Tr. 425.
PREVAILING PARTY. That one of the parties to a suit who successfully prose­cutes the action or successfully defends against it, prevailing on the main issue, though not to the extent of his original con­tention. See Belding v. Conklin, 2 Code Rep. (N. Y) 112; Weston v. Cushing, 45 Vt. 531; Hawkins v. Nowland, 53 Mo. 329; Pomroy v. Cates, 81 Me. 377, 17 Atl. 311.
PREVARICATION. In the civil law.
Deceitful, crafty, or unfaithful conduct; particularly, such as is manifested in con­cealing a crime. Dig. 47, 15, 6.
In English law. A collusion between an informer and a defendant, in order to a feigned prosecution. Cowell. Also any se­cret abuse committed in a public office or private commission; also the willful conceal­ment or misrepresentation of truth, by giv­ing evasive or equivocating evidence.
PREVENT. To hinder or preclude. To stop or intercept the approach, access, or performance of a thing. Webster; U. S. v. Souders, 27 Fed. Cas. 1,269; Green v. State, 109 Ga. 536, 35 S. E. 97; Burr v. Williams, 20 Ark. 171; In re Jones, 78 Ala. 421.
PREVENTION. In the civil law. The
right of a judge to take cognizance of an action over which he has concurrent juris­diction with another judge.
In canon law. The right which a su­perior person or officer has to lay hold of, claim, or transact an affair prior to an in­ferior one, to whom otherwise it more im­mediately belongs. Wharton.
PREVENTION OP CRIMES ACT. The
statute 34 & 35 Vict. c. 112, passed for the purpose of securing a better supervision over habitual criminals. This act provides that a person who is for a second time con­victed of crime may, on his second convic­tion, be subjected to police supervision for a period of seven years after the expiration
of the punishment awarded him. Penalties are imposed on lodging-house keepers, etc., for harboring thieves or reputed thieves. There are also provisions relating to re-1 ceivers of stolen property, and dealers in old metals who purchase the same in small quan­tities. This act repeals the habitual crim­inals act of 1869, (32 & 33 Vict. c. 99.) Brown.
PREVENTIVE JUSTICE. The system of measures taken by government with ref­erence to the direct prevention of crime. It generally consists In obliging those per­sons whom there is probable ground to sus­pect of future misbehavior to give full as­surance to the public that such offense as is apprehended shall not happen, by finding pledges or securities to keep the peace, or for their good behavior. See 4 Bl. Comm. 251; 4 Steph. Comm. 290.
PREVENTIVE SERVICE. The name given in England to the coast-guard, or armed police, forming a part of the customs service, and employed in the prevention and detection of smuggling.
Previous intentions are judged by sub­sequent acts. Dumont v. Smith, 4 Denio (N. Y.) 319, 320.
PREVIOUS QUESTION. In the pro­cedure of parliamentary bodies, moving the "previous question" is a method of avoiding a direct vote on the main subject of discus­sion. It Is described In May, Pari. Prac. 277.
PREVIOUSLY. An adverb of time, used in comparing an act or state named with another act or state, subsequent in order of time, for the purpose of asserting the priority of the first. Lebrecht v. Wilcoxon, 40 Iowa, 94.
PRICE. The consideration (usually in money) given for the purchase of a thing.
It is true that "price" generally means the sum of money which an article is sold for; but this is simply because property is generally sold for money, not because the word has necessarily such a restricted meaning. Among writers on political economy, who use terms with philo­sophical accuracy, the word "price" is not al­ways or even generally used as denoting the moneyed equivalent of property sold. They gen­erally treat and regard price as the equivalent or compensation, in whatever form received, for property sold. The Latin word from which price" is derived sometimes means "reward," "value," "estimation," "equivalent." Hudson Iron Co. v. Alger, 54 N. Y. 177.
—Price current. A list or enumeration of various articles of merchandise, with their prices, the duties, if any, payable thereon, when imported or exported, with the drawbacks oc­casionally allowed upon their exportation, etc. Wharton.
PRICKING FOR SHERIFFS. In Eng­land, when the yearly list of persons nomi­nated for the office of sheriff is submitted to the sovereign, he takes a pin, and to insure

PRICKING NOTE
938 PRIMO EXCUTIENDA

impartiality, as It is said, lets the point of it fall upon one of the three names nomi­nated for each county, etc., and the person upon whose name it chances to fall is sheriff for the ensuing year. This is called "prick­ing for sheriffs." Atk. Sher. 18.
PRICKING NOTE. Where goods In­tended to be exported are put direct from the station of the warehouse into a ship alongside, the exporter fills up a document to authorize the receiving the goods on board. This document is called a "pricking note," from a practice of pricking holes in the pa­per corresponding with the number of pack­ages counted into the ship. Hamel, Oust. 181.
PRIEST. A minister of a church. A per­son in the second order of the ministry, aa distinguished from bishops and deacons.
PRIMA FACIE. Lat. At first sight; on the first appearance; on the face of It; so far as can be judged from the first dis­closure; presumably.
A litigating party is said to have a prima facie case when the evidence in his favor is sufficiently strong for his opponent to be called on to answer it. A prima facie case, then, is one which is established by sufficient evidence, and can be overthrown only by rebutting evi­dence adduced on the other side. In some cases the only Question to be considered is whether there is a prima facie case or no. Thus a grand jury are bound to find a true bill of indictment, if the evidence before them creates a prima facie case against the accused; and for this purpose, therefore, it is not necessary for them to hear the evidence for the defense. Mozley & Whitley. And see State v. Hardelein, 169 Mo. 579, 70 S. W. 130; State v. Lawlor, 28 Minn. 216, 9 N. W. 698. —Prima facie evidence. See Evidence.
PRIMA TONSURA. The first mowing; a grant of a right to have the first crop of grass. 1 Chit. Pr. 181.
PRIMiE IMPRESSIONIS. A case primce impressionis (of the first impression) is a case of a new kind, to which no estab­lished principle of law or precedent directly applies, and which must be decided entirely by reason as distinguished from authority.
PRIMA: PRECES. Lat. In the civil law. An imperial prerogative by which the emperor exercised the right of naming to the first prebend that became vacant after his accession, in every church of the empire. 1 Bl. Comm. 381.
PRIMAGE. In mercantile law. A small Allowance or compensation payable to the master and mariners of a ship or vessel; to the former for the use of his cables and ropes to discharge the goods of the mer­chant; to the latter for lading and unlading in any port or haven. Abb. Shipp. 404; Peters v. Speights, 4 Md. Ch. 381; Blake y. Morgan, 3 Mart O. S. (La.) 381.
PRIMARIA ECCLESIA. The mother church. 1 Steph. Comm. (7th Ed.) 118.
PRIMARY. First; principal; chief; leading.
—Primary allegation. The opening plead­ing in a suit in the ecclesiastical court It is also called a "primary plea."—Primary dis­posal of the soil. In acts of congress ad­mitting territories as states, and providing that no laws shall be passed interfering with the primary disposal of the soil, this means the disposal of it by the United States government when it parts with its title to private persons or corporations acquiring the right to a patent or deed in accordance with law. See Oury v. Goodwin, 3 Ariz. 255, 26 Pac. 377; Topeka Commercial Security Co. v. Mcpherson, 7 Okl. 332, 54 Pac. 489.—Primary powers. The principal authority given by a principal to his agent It differs from "mediate powers." Story, Ag. § 58.
As to primary "Conveyance," "Election,"1 "Evidence," and "Obligation," see those titles.
PRIMATE. A chief ecclesiastic; part of the style and title of an archbishop. Thus, the archbishop of Canterbury is styled "Pri­mate of all England;" the archbishop of York is "Primate of England." Wharton.
PRIME. Fr. In French law. The price of the risk assumed by an insurer; premium of insurance. Emerig. Traite des Assur. c. 3, § 1, nn. 1, 2.
PRIME, v. To stand first or paramount to take precedence or priority of; to out­rank; as, in the sentence "taxes prime all other liens."
PRIME SERJEANT. In English law. The king's first serjeant at law.
PRIMER. A law French word, signify­ing first; primary.
—Primer election. A term used to signify first choice; e. g., the right of the eldest co­parcener to first choose a purpart.—Primer fine. On suing out the writ or prcecipe called a "writ of covenant," there was due to the crown, by ancient prerogative, a primer fine, or a noble for every five marks of land sued for. That was one-tenth of the annual value. 1 Steph. Comm. (7th Ed.) 560.—Primer seisin. See Seisin.
PRIMICERITTS. In old English law. The first of any degree of men. 1 Mon. Angl. 838.
PRIMITLa:. In English law. First fruits; the first year's whole profits of a' spiritual preferment. 1 Bl. Comm. 284.
PRIMO BENEFICIO. Lat. A writ di­recting a grant of the first benefice in the sovereign's gift. Cowell.
Primo excutienda est verb! vis, ne sermonis vitio obstruatnr oratio, sive lex sine argmnentis. Co. Litt 68. The

PRIMO VENIENTI
939
PRINCIPAL

full meaning of a word should be ascertained at the outset, in order that the sense may not be lost by defect of expression, and that the law be not without reasons.
PRIMO VENIENTI. Lat To the one
first coming. An executor anciently paid debts as they were presented, whether the assets were sufficient to meet all debts or not Stim. Law Gloss.
PRIMOGENITURE. 1. The state of being the first-born among several children of the same parents; seniority by birth in the same family.
2. The superior or exclusive right pos­sessed by the eldest son, and particularly, his right to succeed to the estate of his ancestor, in right of his seniority by birth, to the ex­clusion of younger sons.
PRIMOGENITUS. Lat In old English law. A first-born or eldest son. Bract fol. 33.
PRIMUM DECRETUM. Lat. In the canon law. The first decree; a preliminary decree granted on the non-appearance of a defendant, by which the plaintiff was put in possession of his^ goods, or of the thing itself which was demanded. Gilb. Forum Rom. 32, 33.
PRINCE. In a general sense, a sover­eign; the ruler of a nation or state. More particularly, the son of a king or emperor, or the issue of a royal family; as princes of the blood. The chief of any body of men. Web­ster.
—Prince of 'Wales. The eldest son of the English sovereign. He is the heir-apparent to the crown.
PRINCEPS. Lat. In the civil law. The prince; the emperor.
Princeps et respublica ex just a causa possunt rem meaxa auferre. 12 Coke, 13. The prince and the republic, for a just cause, can take away my property.
Princeps legibus solutus est. The em­peror is released from the laws; is not bound by the laws. Dig. 1, 3, 31.
Princeps mavult domesticos milites qnam stipendiaries bellicis opponere casibns. Co. Litt. 69. A prince, in the chances of war, had better employ domestic than stipendiary troops.
PRINCES OF THE ROYAL BLOOD.
In English law. The younger ^sons and daughters of the sovereign, and other branch­es of the royal family who are not in the im­mediate line of succession.
PRINCESS ROYAL. In English law. The eldest daughter of the sovereign. 3 Steph. Comm. 450.
PRINCIPAL. Chief; leading; highest in . rank or degree; most important or consider­able; primary; original; the source of au­thority or right.
In the law relating to real and personal property, "principal" is used as the correla­tive of "accessory," and denotes the more Im­portant or valuable subject with which oth­ers are connected in a relation of dependence or subservience, or to which they are inci­dent or appurtenant
In criminal law. A chief actor or per­petrator, as distinguished from an "acces­sary." A principal in the first degree is he that is the actor or absolute perpetrator of the crime; and, in the second degree, he who Is present, aiding and abetting the fact to be done. 4 Bl. Comm. 34. And see Bean v. State, 17 Tex. App. 60; Mitchell v. Com., 33 Grat (Va.) 868; Cooney v. Burke, 11 Neb. 258, 9 N. W. 57; Red v. State, 39 Tex. Cr. R. 667, 47 S. W. 1003, 73 Am. St Rep. 965; State v. Phillips, 24 Mo. 481; Travis v. Com., 96 Ky. 77, 27 S. W. 863.
All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constitut­ing the offense, or aid and abet in its commis­sion, though not present, are principals. Pen. Code Dak. § 27.
A criminal offender is either a principal- or an accessary. A principal is either the actor (i. e., the actual perpetrator of the crime) or else is present, aiding and abetting the fact to be done; an accessary is he who is not the chief actor in the offense, nor yet present at its performance, but is some way concerned therein, either before or after the fact commit­ted. 1 Hale, P. C. 613. 618.
In the law of guaranty and surety-snip. The principal is the person primarily liable, and for whose performance of his ob­ligation the guarantor or surety has become bound.
In the law of agency. The employer or constitutor of an agent; the person who gives authority to an agent or attorney to do some act for him. Adams v. Whittlesey, 3 Conn. 567.
One, who, being competent sui juris to do any act for his own benefit or on his own account, confides it to another person to do for him. 1 Domat, b. 1, tit. 15.
The term also denotes the capital sum of a debt or obligation, as distinguished from in­terest or other additions to it. Christian v. Superior Court, 122 Cal. 117, 54 Pac. 518.
An heir-loom, mortuary, or corse-present Wharton.
—Vice principal. In the law of master and servant, this term means one to whom the employer has confided the entire charge of the business or of a distinct branch of it, giving him authority to superintend, direct, and con-trol the workmen and make them obey his or­ders, the master himself exercising no particular oversight and giving no particular orders, or one to whom the master has delegated a duty of his own, which is a direct, personal, and ab­solute obligation- See Durkin v. Kingston Coal Co.. 171 Pa, 193, 33 Atl. 237, 29 L. R. A. 808, 50 Am. St Rep. 801; Moore v. Rail-

PRINCIPAL
940
PRISON

way Co., 85 Mo. 588; Railroad Co. v. Bell, 112 Pa. 400, 4 Atl. 50; Lewis v. Seifert, 116 Pa. 628, 11 Atl. 514, 2 Am. St Rep. 631; Minneap­olis v. Lundin, 58 Fed. 525, 7 C. C. A. 344; Lindvall v. Woods (C. C.) 44 Fed. 855; Perras v. Booth, 82 Minn. 191, 84 N. W. 739; Van* Dusen v. Letellier, 78 Mich. 492, 44 N. W. 572; Hanna v. Granger, 18 R. I. 507, 28 Atl. 659.
As to principal "Challenge," "Contract," "Fact," "Obligation," and "Office," see those titles.
PRINCIPALIS. Lat Principal; a prin­cipal debtor; a principal In a crime.
Principalis debet semper excuti ante-qnam perveniatnr ad ndeijussores. The
principal should always be exhausted before coming upon the sureties. 2 Inst. 19.
Principia data sequuntur concomitant tia. Given principles are followed by their concomitants.
Principia probant, non probantur.
Principles prove; they are not proved. 3 Coke, 50a. Fundamental principles require no proof; or, in Lord Coke's words, "they ought to be approved, because they cannot be proved." Id.
Principiis obsta. Withstand beginnings; oppose a thing in its early stages, if you would do so with success.
Frincipiorum non est ratio. There Is no reasoning of principles; no argument Is required to prove fundamental rules. 2 Bulst 239.
Principiunt est potissima pars cujus-qne rei. 10 Coke, 49. The principle of any­thing is its most powerful part
PRINCIPLE. In patent law, the princi­ple of a machine is the particular means of producing a given result- by a mechanical con­trivance Parker v. Stiles, 5 McLean, 44, 63, Fed. Cas. No. 10,749.
The .principle of a machine means the mo­dus operandi, or that which applies, modifies, or combines mechanical powers to produce a certain result; and, so far, a principle, if new in its application to a useful purpose, may be patentable. See Barrett v. Hall, 1 Mason, 470, Fed. Cas. No. 1,047.
PRINCIPLES. Fundamental truths or doctrines of law; comprehensive rules or doctrines which furnish a basis or origin for others; settled rules of action, procedure, or legal determination.
PRINTING. The art of impressing let­ters; the art of making books or papers by Impressing legible characters. Arthur v. Moller, 97 U. S. 365, 24 L. Ed. 1046; Le Roy r. Jamison, 15 Fed. Cas. 373; Forbes Litho­graph Mfg. Co. ?. Worthington (a C.) 25
Fed. 900. The term may include typewriting. Sunday v. Hagenbuch, 18 Pa. Co. Ct 541. Compare State v. Oakland, ^9 Kan. 784, 77 Pac. 696.
—Public printing means such as is directly ordered by the legislature, or performed by the agents of the government authorized to pro­cure it to be done. Ellis v. State, 4 Ind. 1.
PRIOR. Lat The former; earlier; pre­ceding; preferable or preferred. —Prior petens. The person first applying.
PRIOR, n. The chief of a convent; next in dignity to an abbot
PRIOR, adj. Earlier; elder; preceding; superior in rank, right, or time; as, a prior lien, mortgage, or judgment See Fidelity, etc., Safe Deposit Co. v. Roanoke Iron Co. (C. C.) 81 Fed. 447.
Prior tempore potior jure. He who Is
first in time is preferred in right Co. Litt 14a; Broom, Max. 354, 358.
PRIORI PETENTI. To the person first applying. In probate practice, where there are several persons equally entitled to a grant of administration, (e. g., next of kin of the same degree,) the rule of the court is to make the grant priori petenti, to the first applicant. Browne, Prob. Pr. 174; Coote, Prob. Pr. 173, 180.
PRIORITY. A legal preference or pre­cedence. When two persons have similar rights in respect of the same subject-matter, but one is entitled to exercise his right to the exclusion of the other, he is said to have pri­ority.
In old English law. An antiquity of tenure, in comparison with one not so an­cient CowelL
PRISAGE. An ancient hereditary reve­nue of the crown, consisting in the right to take a certain quantity from cargoes of wine imported into England. In Edward I.'s reign it was converted into a pecuniary duty call­ed "butlerage." 2 Steph. Comm. 561.
PRISE. Fr. In French law. Prize; cap­tured property. Ord. Mar. liv. 3, tit. 9. See Dole v. Insurance Co., 6 Allen (Mass.) 373.
PRISEL EN AUTER LIEU. L. Fr. A
taking in another place. A plea in abate­ment in the action of replevin. 2 Ld. Raym. 1016, 1017.
PRISON. A public building for the con­finement .or safe custody of persons, whether as a punishment imposed by the law or other­wise in the course of the administration of justice. See Scarborough v. Thornton, 9 Pa. 451; Sturtevant v. Com., 158 Mass. 598, 33 N. E. 648; Pen. Code N. Y. 1903, § 92.
—Prison bounds. The limits of the territory surrounding a prison, within which an impris-

PRISON
941
PRIY1GNA

oned debtor, who is out on bonds, may go at will. See Gaol.—Prison-breaking. The common-law offense of one who, being lawfully in custody, escapes from the place where he is confined, by the employment of force and violence. This offense is to be distinguished from "rescue," (q. v.,) which is a deliverance of a prisoner from lawful custody by a third person. 2 Bish. Crim. Law, § 1065.
PRISONAM FRANGENTIBUS, STAT­UTE DE. The English statute 1 Edw. II. St 2, (in Rev. St. 23 Edw. I.,) a still unre­pealed statute, whereby it is felony for a felon to break prison, but misdemeanor only for a misdemeanant to do so. 1 Hale, P. 0. 612.
PRISONER. One who is deprived of his liberty; one who is against his will kept in confinement or custody.
A person restrained of his liberty upon any action, civil or criminal, or upon command­ment Cowell.
A person on trial for crime. "The prisoner at the bar." The jurors are told to "look upon the prisoner." The court, after pass­ing sentence, gives orders to "remove the prisoner." See Hairston v Com., 97 Va. 754, 32 S. E. 797; Royce v. Salt Lake City, 15 Utah, 401. 49 Pac. 290.
—Prisoner at the bar. An accused person, while on trial before the court, is so called.— Prisoner of war. One who has been captured in war while fighting in the army of the public enemy.
PRIST. L. Fr. Ready. In the old forms of oral pleading, this term expressed a ten­der or joinder of issue.
Prius vitiis laboravimus, nnnc legi-bus. 4 Inst. 76. We labored first with vices, now with laws.
PRIVATE. Affecting or belonging to pri­vate individuals, as distinct from the public generally. Not official.
—Private person. An individual who is not the incumbent of an office.
As to private "Act" "Agent" "Bill," "Boundary," "Bridge," "Carrier," "Chapel," "Corporation," "Easement," "Examination," "Ferry," "Nuisance," "Property," "Prosecu­tor," "Rights," "Road," "Sale," "School," "Seal," "Statute," "Stream," "Trust" "War," "Way," and "Wrongs," see those titles.
PRIVATE LAW. As used in contradis­tinction to public law, the term means all that part of the law which is administered between citizen and citizen, or which is con­cerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation is in­cident are private individuals. See Public Law.
PRIVATEER. A vessel owned, equipped, and armed by one or more private individ-
uals, and duly commissioned by a belligerent power to go on cruises and make war upon the enemy, usually by preying on his com­merce.
Privatio prsesupponit habitum. 2
Rolle, 419. A deprivation presupposes a pos­session.
PRIVATION. A taking away or with­drawing. Co. Litt 239.
Privatis pactionibus non dubium est non lsedi jus oseterorum. There is no doubt that the rights of others [third parties] cannot be prejudiced by private agreements. Dig. 2, 15, 3, pr.; Broom, Max. 697.
Privatorum conventio juri publico non derogat. The agreement of private individ­uals does not derogate from the public right [law.] Dig. 50, 17, 45, 1; 9 Coke, 141; Broom, Max. 695.
PRIVATUM. Lat Private. Privatum jus, private law. Inst 1, 1, 4.
Privatum commodum publico cedit.
Private good yields to public. Jenk. Cent. p. 223, case 80. The interest of an individ­ual should give place to the public good. Id.
Privatum incommodum publico bono pensatur. Private inconvenience is made up for by public benefit Jenk. Cent p. 85, case 65; Broom, Max. 7.
PRIVEMENT ENCEINTE. Fr. Preg­nant privately. The term is applied to a woman who is pregnant but not yet quick with child.
PRIVIES. Persons connected together, or having a mutual interest in the same action or thing, by some relation other than that of actual contract between them; persons whose interest in an estate is derived from the contract or conveyance of others.
Those who are partakers or have an interest in any action or thing, or any relation to an­other. They are of six kinds:
(1)Privies of blood; such as the heir to his ancestor.
(2)Privies in representation; as executors or administrators to their deceased testator or intestate. '
(3)Privies in estate; as grantor and grantee, lessor and lessee, assignor and assignee, etc
(4)Privities, in respect of contract are per­sonal privities, and extend only to the persons of the lessor and lessee.
(5)Privies in respect of estate and contract; as where the lessee assigns his interest but the contract between lessor and lessee continues, the lessor not having accepted of the assignee.
(6)Privies in law; as the lord by escheat a tenant by the curtesy, or in dower, the incum­bent of a benefice, a husband suing or defending in right of his wife, etc. Wharton.
PRIVIGNA. Lat In the civil law. A step-daughter.

PRIVIGNUS
942
PRIVILEGED

PRIVIGNUS. Lat. In the civil law. A son of a husband or wife by a former mar­riage; a step-son. Calvin.
PRIVILEGE. A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common ad­vantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law.
Privilege is an exemption from some bur­den or attendance, with which certain persons are indulged, from a supposition of law that the stations they fill, or the offices they are engaged in, are such as require all their time and care, and that, therefore, without this in­dulgence, it would be impracticable to execute such oflices to that advantage which the pub­lic good requires. See Lawyers' Tax Cases, 8 Heisk. (Tenn.) 649; U. S. v. Patrick (C. C.) 54 Fed. 348; Dike v. State, 38 Minn. 366, 38 N. W. 95; International Trust Co. v. American L. & T. Co., 62 Minn. 501, 65 N. W. 78; Com. v. Henderson, 172 Pa. 135, 33 Atl. 368; Tennessee v. Whitworth (C. C.) 22 Fed. 83; Morgan v. Louisiana, 93 U. S. 217, 23 L. Ed. 860; Corfield v. Coryell, 6 Fed. Cas. 551; State v. Oilman, 33 W. Va. 146, 10 S. E. 283, 6 L. R, A. 847.
In the civil law. A right which the na­ture of a debt gives to a creditor, and which entitles him to be preferred before other cred­itors. Civil Code La. art 3186.
In maritime law. An allowance to the master of a ship of the same general nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equi­table allowance, because the contract on both sides is made under the knowledge of such usage by the parties. 3 Chit. Commer. Law, 431.
In the law of libel and slander. An ex­emption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in the performance of a duty, political, judicial, social, or personal. Privi­lege is either absolute or conditional. The former protects the speaker or publisher with­out reference to his motives or the truth or falsity of the statement. This may be claim­ed in respect, for instance, to statements made in legislative debates, in reports of officers to their superiors in the line of their duty, and statements made by judges, wit­nesses, and jurors in trials in court. Condi­tional privilege will protect the speaker or publisher unless actual malice and knowledge of the falsity of the statement is shown. This may be claimed where the communica­tion related to a matter of public interest, or where it was necessary to protect one's pri­vate interest and was made to a person hav­ing an interest in the same matter. Ram-
sey v. Cheek, 109 N. C. 270, 13 S. E. 775; Nichols v. Eaton, 110 Iowa, 509, 81 N. W. 792, 47 L. R. A. 483, 80 Am. St Rep. 319; Knapp & Co. v. Campbell, 14 Tex. Civ. App. 199, 36 S. W. 765; Hill v. Drainage Co., 79 Hun, 335, 29 N. Y. Supp. 427; Cooley v. Galyon, 109 Tenn. 1, 70 S. W. 607, 60 L. R. A. 139, 97 Am. St. Rep. 823; Ruohs v. Back­er, 6 Heisk. (Tenn.) 405, 19 Am. Rep. 598; Cranfill v. Hayden, 97 Tex. 544, 80 S. W. 613.
In parliamentary law. The right of a particular question, motion, or statement to take precedence over all other business be­fore the house and to be considered imme­diately, notwithstanding any consequent in­terference with or setting aside the rules of procedure adopted by the house. The mat­ter may be one of "personal privilege," where it concerns one member of the house in his capacity as a legislator, or of the "privilege of the house," where it concerns the rights, immunities, or dignity of the entire body, or of "constitutional privilege," where it relates to some action to be taken or some order of proceeding expressly enjoined by the consti­tution.
—Privilege from arrest. A privilege ex­tended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the ad­ministration of government, whereby they are exempted from arrest on civil process, and, in some cases, on criminal charges, either perma­nently, as in the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and witnesses engaged in a particular suit, etc.—Privilege tax. A tax on the privilege of carrying on a business for which u license or franchise is .required. Adams v. Colonial Mortgage Co., 82 Miss. 263, 34 South. 482, 100 Am. St. Rep. 633: Gulf & Ship Island R. Co. v. Hewes, 183 U. S. 66, 22 Sup. Ct. 26, 46 L. Ed. 86; St. Louis v. Western Union Tel. Co.. 148 U. S. 92, 13 Sup. Ct. 485, 37 L. Ed. 380.—Real priv­ilege. In English law. A privilege granted to, or concerning, a particular place or locality. —Special privilege. In constitutional law. A right, power, franchise, immunity, or privi­lege granted to, or vested in, a person or class of persons, to the exclusion of others, and in derogation of common right. See City of Elk Point v. Vaughn, 1 Dak. 118, 46 N. W. 577; Ex parte Douglass, 1 Utah, 111.—Writ of privilege. A process to enforce or maintain a privilege; particularly to secure the re­lease of a person arrested in a civil suit con­trary to his privilege.
PRIVILEGED. Possessing or enjoying a privilege; exempt from burdens; entitled to priority or precedence.
—Privileged communications. See Com­munication.—Privileged copyholds. See Copyhold.—Privileged debts. Those which an executor or administrator may pay in prefer­ence to others; such as funeral expenses, serv­ants' wages, and doctors' bills during last sick­ness, etc.—Privileged deed. In Scotch law. An instrument, for example, a testament, in the execution of which certain statutory for­malities usually required are dispensed with, either from necessity or expediency. Ersk. Inst. 3. 2, 22; Bell.—Privileged villenage. In old English law. A species of villenage in which the tenants held by certain and deter­minate services; otherwise called "villein-soc-

PRIVILEGIA QUM RE VERA 943
PRIZE

age.H Bract, fol. 209. Now called "privileged copyhold," including the tenure in ancient de­mesne. 2 Bl. Comm. 99, 100.
Privilegia quse re vera sunt in prse-judicium reipublicae, magis tamen ha-bent speciosa frontispicia, et boni pub­lic! praetextum, quam bonse et legale* concessiones; sed praetextu liciti non de­bet admitti illictum. 11 Coke, 88. Priv­ileges which are truly in prejudice of public good have, however, a more specious front and pretext of public good than good and le­gal grants; but, under pretext of legality, that which is illegal ought not to be admit­ted.
PRIVILEGIUM. In Roman law. A
special constitution by which the Roman em­peror conferred on some single person some anomalous or irregular right, or imposed up­on some single person some anomalous or irregular obligation, or inflicted on some sin­gle person some anomalous or irregular pun­ishment. When such privilegia conferred anomalous rights, they were styled "favor­able." When they imposed anomalous obli­gations, or inflicted anomalous punishments, they were styled "odious." Aust Jur. § 748.
In modern civil law, "privilegium" is said to denote, in its general sense, every pe­culiar right or favor granted by the law, con­trary to the common rule. Mackeld. Rom. Law, § 197.
A species of lien or claim upon an article of property, not dependent upon possession, but continuing until either satisfied or re­leased. Such is the lien, recognized by mod­ern maritime law, of seamen upon the ship for their wages. 2 Pars. Mar. Law, 561.
PRIVILEGIUM CLERICAL E. The
benefit of clergy, (g. v.)
Privilegium est beneficium personale, et extinguitur cum persona. 3 Bulst. 8.
A privilege is a personal benefit, and dies with the person.
Privilegium est quasi privata lex. 2
Bulst. 189. Privilege is, as it were, a pri­vate law.
Privilegium non valet contra rempub-licam. Privilege is of no force against the commonwealth. Even necessity does not ex­cuse, where the act to be done is against the commonwealth. Bac. Max. p. 32, in reg. 5.
PRIVILEGIUM, PROPERTY PROP­TER. A qualified property in animals feres natures; i. e., a privilege of hunting, taking, and killing them, in exclusion of others. 2 Bl. Comm. 394; 2 Steph. Comm. 9.
PRIVITY. The term "privity" means mutual or successive relationship to the same rights of property. The executor is in priv­ity with the testator, the heir with the ances-
tor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 I1L 510, 14 N. E. 859; Hunt v. Haven, 52 N. H. 169; Mygatt v. Coe, 124 N. Y. 212, 26 N. E. 611, 11 L. R. A. 646; Strayer v. John­son, 110 Pa. 21, 1 Atl. 222; Litchfield v. Crane, 123 U. S. 549, 8 Sup. Ct 210, 31 L. Ed. 199.
Privity of contract is that connection or relationship which exists between two or more contracting parties. It is essential to the maintenance of an action on any contract that there should subsist a privity between the plaintiff and defendant in respect of the matter sued on. Brown.
Privity of estate is that which exists be­tween lessor and lessee, tenant for life and remainder-man or reversioner, etc., and their respective assignees, and between joint ten­ants and coparceners. Privity of estate is required for a release by enlargement. Sweet.
Privity of Mood exists between an heir and his ancestor, (privity in blood inheritable,) and between coparceners. This privity was formerly of importance in the law of descent cast Co. Litt 271a, 242a; 2 Inst 516; 8 Coke, 426.
PRIVY. A person who is In privity with another. See Pbivies; Pbivitt.
As an adjective, the word has practically the same meaning as "private."
—Privy counciL In English law. The prin­cipal council of the sovereign, composed of the cabinet ministers, and other persons chosen by the king or queen as privy councillors. 2 Steph. Comm. 479, 480. The judicial committee of the privy council acts as a court of ultimate appeal in various cases.—Privy councillor. A mem­ber of the privy council.—Privy purse. In English law. The income set apart for the sov­ereign's personal use.—Privy seal. In English law. A seal used in making out grants or let­ters patent, preparatory to their passing under the great seal. 2 Bl. Comm. 347.—Privy sig­net. In English law. The signet or seal which is first used in making out grants and let­ters patent, and which is always in the custody of the principal secretary of state. 2 Bl. Comm. 347.—Privy token. A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to deceive persons, and therebv fraud­ulently get possession of property. St. 33 Hen. VIII. c. 1. A false privy token is a false pri­vate document or sign, not such as is calcu­lated to deceive men generally, but designed to defraud one or more individuals. Cheating by such false token was not indictable at common law. Pub. St. Mass. 1882, p. 1294.—Privy verdict. In practice. A verdict given privily to the judge out of court, but which was of no force unless afterwards affirmed by a public verdict given openly in court. 3 Bl. Comm. 377. Kramer v. Kister, 187 Pa. 227, 40 Atl. 1008, 44 L. R. A. 432; Barrett v. State, 1 Wis. 175; Young v. Seymour, ,4 Neb. 89; Com. v. Heller, 5 Phila. (Pa.) 123. Now generally su­perseded by the "sealed verdict," ». e, one writ­ten out, sealed up, and delivered to the judge or the clerk of the court
PRIZE. In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured at sea by a war-vessel or privateer of the other

PRIZE 944 PRO INDIVISO
belligerent, and claimed as enemy's property, and therefore liable to appropriation and con­demnation under the laws of war. See 1 O. Rob. Adm. 228.
Captured property regularly condemned by the sentence of a competent prize court. 1 Kent, Comm. 102.
In contracts. Anything offered as a re­ward of contest; a reward offered to the per­son who, among several persons or among the public at large, shall first (or best) per­form a certain undertaking or accomplish cer­tain conditions.
—Prize courts. Courts having jurisdiction to adjudicate upon captures made at sea in time of war, and to condemn the captured prop­erty as prize if lawfully subject to that sen­tence. In England, the admiralty courts have jurisdiction as prize courts, distinct from the jurisdiction on the instance side. In Ameri­ca, the federal district courts have jurisdiction in cases of prize. 1 Kent, Comm. 101-103, 353-360. See Penhallow v. Doane, 3 Dall. 91, 1 L. Ed. 507; Maley v. Shattuck, 3 Cranch, 488, 2 L. Ed. 498; Cushing v. Laird, 107 U. S. 69, 2 Sup. Ot. 196, 27 L. Ed. 391.—Prize goods. Goods which are taken on the high seas, jure belli, out of the hands of the enemy. The Adeline, 9 Cranch, 244, 284, 3 L. Ed. 719. —Prize law. 'The system of laws and rules applicable to the capture of prize at sea; its condemnation, rights of the captors, distribu­tion of the proceeds, etc. The Buena Ventura (D. C.) 87 Fed. 929.—Prize money. A divi­dend from the proceeds of a captured vessel, etc., paid to the captors. U. S. v. Steever, 113 U. S. 747, 5 Sup. Ct. 765, 28 L. Ed. 1133.
PRO. For; in respect of; on account of; in behalf of. The introductory word of many Latin phrases.
PRO AND CON. For and against. A phrase descriptive of the presentation of ar­guments or evidence on both sides of a dis­puted question.
PRO BONO ET MAIO. For good and ill; for advantage and detriment,
PRO BONO PUBLICO. For the pub­lic good; for the welfare of the whole.
FRO CONFESSO. For confessed; as confessed. A term applied to a bill in equity, and the decree founded upon it, where no an­swer is made to it by the defendant. 1 Barb. Ch. Pr. 96.
PRO CONSILIO. For counsel given. An annuity pro consilio amounts to a condi­tion, but in a feoffment or lease for life, etc., it is the consideration, and does not amount to a condition; for the state of the land by the feoffment is executed, and the grant of the annuity is executory. Plowd. 412.
FRO CORPORE REGNI. In behalf of the body of the realm. Hale, Com. Law, 32.
FRO DEFECTU EMPTOBTTM. For want (failure) of purchasers.
PRO DEFECTU EXITUS. For, or in case of, default of issue. 2 Salk. 620.
PRO DEFECTU BUEREDIS. For want of an heir.
FRO DEFECTU JUSTITIiE. For de­fect or want of justice. Fleta, lib. 2, c 62, §2.
PRO DEFENDENTE. For the defend­ant. Commonly abbreviated "pro def."
FRO DERELICTO. As derelict or aban­doned. A species of usucaptlon in the civil law. Dig. 41, 7.
PRO DIGNITATE REGAIiI. In con­sideration of the royal dignity. 1 Bl. Comm. 223.
PRO DIVISO. As divided; *. e„ in sev­eralty.
PRO DOMINO. As master or owner; In the character of master. Calvin.
PRO DONATO. As a gift; as in case of gift; by title of gift. A species of usu­capion in the civil law. Dig. 41, 6. See Id. 6, 3, 13, 1.
PRO DOTE. As a dowry; by title of dowry. A species of usucaptlon. Dig. 41, 9. See Id. 5, 3,13, 1.
PRO EMTORE. As a purchaser; by the title of a purchaser. A species of usucap-tion. Dig. 41, 4. See Id. 5, 3, 13, L
FRO EO QUOD. In pleading. For this that. This is a phrase of affirmation, and is sufficiently direct and positive for introduc­ing a material averment. 1 Saund. 117, no. 4; 2 Chit. PI. 369-393.
FRO FACTI. For the fact; as a fact; considered or held as a fact.
PRO FALSO CLAMORS SUO. A
nominal amercement of a plaintiff for his false claim, which used to be inserted in a judgment for the defendant. Obsolete.
PRO FORMA. As a matter of form. 3 East, 232; 2 Kent, Comm. 245.
PRO HAC VICE. For this turn; for this one particular occasion.
PRO ILLA VICE. For that turn. 8 Wils. 233, arg.
FRO INDEFENSO. As undefended; as making no defense. A phrase in old prao tice. Fleta, lib. 1, c 41, § 7.
FRO INDIVISO. As undivided; in com­mon. The joint occupation or possession of

PRO INTERESSE SUO 945
PROBABLE

lands. Thus, lands held by coparceners are held pro indiviso; that is, they are held un-dividedly, neither party being entitled to any specific portions of the land so held, but both or all having a joint interest in the un­divided whole. Cowell.
PRO INTERESSE SUO. According to his interest; to the extent of his interest Thus, a third party may be allowed to inter­vene in a suit pro interesse suo.
PRO L-ffiSIONE FIDEI. For breach or faith. 3 Bl. Comm. 52.
PRO LEGATO. As a legacy; by the title of a legacy. A species of usucaption. Dig. 41, 8.
PRO MAJORI CAUTELA. For great­er caution; by way of additional security. Usually applied to some act done, or some clause inserted in an instrument, which may not be really necessary, but which will serve to put the matter beyond any question.
PRO NON SCRIFTO. As not written; as though it had not been written; as never written. Ambl. 139.
PRO OPERE ET LABORE. For work and labor. 1 Comyns, 18.
PRO PARTIBUS LIBERANDIS. An
ancient writ for partition of lands between co-heirs. Reg. Orig. 316.
PRO POSSE SUO. To the extent of his power or ability. Bract, fol. 109.
PRO POSSESSORE. As a possessor; by title of a possessor. Dig. 41, 5. See Id. 5, 3, 13.
Pro possessore habetur qui dolo in-jnriave desiit possidere. He is esteemed a possessor whose possession has been dis­turbed by fraud or injury. Off. Exec. 166.
PRO QUERENTE. For the plaintiff.
PRO RATA. Proportionately; accord­ing to a certain rate, percentage, or pro­portion. Thus, the creditors (of the same class) of an insolvent estate are to be paid pro rata; that is, each is to receive a divi­dend bearing the same ratio to the whole amount of his claim that the aggregate of assets bears to the aggregate of debts.
PRO RE NATA. For the affair imme­diately in hand; adapted to meet the par­ticular occasion. Thus, a course of judicial action adopted under pressure of the exigen­cies of the affair in hand, rather than in con­formity to established precedents, is said to be taken pro re nata.
PRO SALUTE ANI»OE. For the good of his soul. All prosecutions in the ecclesias­tical courts are pro salute animce; hence it Bl.Law Dict.(2d E©.)—60
will not be a temporal damage founding an action for slander that the words spoken put any one in danger of such a suit. 3 Steph. Comm. (7th. Ed.) 309n, 437; 4 Steph. Comm. 207.
PRO SE. For himself; in his own be­half; in person.
PRO SOCIO. For a partner; the name of an action in behalf of a partner. A title of the civil law. Dig. 17, 2; Cod. 4, 37.
PRO SOLIDO. For the whole; as one; jointly; without division. Dig. 50, 17, 141,1.
PRO TANTO. For so much; for as much as may be; as far as it goes.
PRO TEMPORE. For the time being; temporarily; provisionally.
PROAMITA. Lat. In the civil law. A great paternal aunt; the sister of one's grandfather.
PROAMITA MAGNA. Lat. In the civil law. A great-great-aunt.
PROA VIA. Lat In the civil law. A great-grandmother. Inst 3, 6, 3; Dig. 38, 10, 1, 5.
PROAVUNCULUS. Lat In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract fol. 68o.
PROAVUS. Lat. In the civil law. A great-grandfather. Inst. 3, 6, 1; Bract, fols. 67, 68.
PROBABILITY. Likelihood; appear­ance of truth; verisimilitude. The likeli­hood of a proposition or hypothesis being true, from its conformity to reason or experi­ence, or from superior evidence or arguments adduced in its favor. People v. O'Brien, 130 Cal. 1, 62 Pac. 297; Shaw v. State, 125 Ala. 80. 28 South. 390; State v. Jones, 64 Iowa, 349, 17 N. W. 911, 20 N. W. 470.
PROBABLE. Having the appearance of truth; having the character of probability; appearing to be founded in reason or experi­ence. Bain v. State, 74 Ala. 39; State v. Thiele, 119 Iowa, 659, 94 N. W. 256.
—Probable cause. "Probable cause" may be defined to be an apparent state of facts found to exist upon reasonable inquiry, (that is, such inquiry as the given case renders convenient and proper,) which would induce a reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged, or, in a civil case, that a cause of action existed. Alsop v. Lid-den, 130 Ala. 548, 30 South. 401; Brand v. Hinchman, 68 Mach. 590, 36 N. W. 664, 13 Am. St. Rep. 362; Mitchell v. Wall, 111 Mass. 497; Driggs v. Burton, 44 Vt. 146; Wanser v. Wyckoff, 9 Hun (N. T.) 179; Lacy v. Mit­chell, 23 Ind. 67; Hutchinson v. Wenzel, 155 Ind. 49, 56 N. E. 845. "Probable cause," in malicious prosecution, means the existence of

PROBABLE
946 PROBATIS EXTREMIS

such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prose­cutor, that tiie person charged was guilty of the crime .for which he was prosecuted. Wheel­er v. Nesbitt. 24 How. 544, 16 L. Ed. 765.— Probable evidence. See Evidence.—Prob­able reasoning. In the law of evidence. Reasoning founded on the probability of the fact or proposition sought to be proved or shown; reasoning in which the mind exercises a discretion in deducing a conclusion from prem­ises. Burrill.
Proband! necessitas incnmbit illi qui agit. The necessity of proving lies with him who sues. Inst. 2, 20, 4. In other words, the burden of proof of a proposition is upon him who advances it affirmatively.
PBOBARE. In Saxon law. To claim a thing as one's own. Jacob.
In modern law language. To make proof, as in the term "onus proband*," the burden or duty of making proof.
PROBATE. The act or process of prov­ing a will. The proof before an ordinary, surrogate, register, or other duly authorized person that a document produced before him for official recognition and registration, and alleged to be the last will and testament of a certain deceased person, is such in reality.
The copy of the will, made out in parch­ment or due form, under the seal of the or­dinary or court of probate, and usually de­livered to the executor or administrator of the deceased, together with a certificate of the will's having been proved, is also com­monly called the "probate."
In the canon law, "probate" consisted of probatio, the proof of the will by the execu­tor, and approbatio, the approbation given by the ecclesiastical judge to the proof. 4 Reeve, Eng. Law, 77. And see In re Spiegelhalter's Will, 1 Pennewill (Del.) 5, 39 Atl. 465; Mc-Cay v. Clayton, 119 Pa.. 133, 12 Atl. 860; Pettit v. Black, 13 Neb. 142, 12 N. W. 841; Reno v. McGully, 65 Iowa, 629, 22 N. W. 902; Appeal of Dawley, 16 R. I. 694, 19 Atl. 248.
-Common and solemn form of probate.
In English law, there are two kinds of pro­bate, namely, probate in common form, and probate in solemn form. Probate in common form is granted in the registry, without any formal procedure in court, upon an ea> parte application made by the executor. Probate in solemn form is in the nature of a final de­cree pronounced in open court, all parties in­terested having been duly cited. The difference between the effect of probate in common form and probate in solemn form is that probate in common form is revocable, whereas probate in solemn form is irrevocable, as against all per­sons who have been cited to see the proceed­ings, or who can be proved to have been privy to those proceedings, except in the case where a will of subsequent date is discovered, in which case probate of an earlier will, though granted in solemn form, would be revoked. Coote, Prob. Pr. (5th Ed.) 237-239; Mozley & Whit­ley. And see Luther v. Luther, 122 111. 558, 13 N. E. 166.
The term is used, particularly In Pennsyl­vania, but not in a strictly technical sense,
to designate the proof of his claim made by a non-resident plaintiff (when the same is on book-account, promissory note, etc.) who swears to the correctness and justness of the same, and that it is due, before a notary or other officer in his own state; also of the copy or statement of such claim filed in court, with the jurat of such notary attached.
—Probate bond. One required by law to be given to the probate court or judge, as inciden­tal to proceedings in such courts, such as the bonds of executors, administrators, and guard­ians. See Thomas v. White, 12 Mass. 367.— Probate code. The body or system of law re­lating to all matters of which probate courts have jurisdiction. Johnson v. Harrison, 47 Minn. 575, 50 N. W. 923, 28 Am. St. Rep. 382. —Probate court. See Court of Peobate. —Probate, divorce, and admiralty divi­sion. That division of the English high court of justice which exercises jurisdiction in mat­ters formerly within the exclusive cognizance of the court of probate, the court for divorce and matrimonial causes, and the high court of admiralty. (Judicature Act 1873, § 34.) It consists of two judges, one of whom is called the "President." The existing judges are the judge of the old probate and divorce courts, who is president of the division, and the judge of the old admiralty court, and of a number of registrars. Sweet.—Probate duty. A tax laid by government on every will admitted to probate, and payable out of the decedent's es­tate.—Probate homestead. See HOMESTEAD. —Probate judge. The judge of a court of probate.
PROBATIO. Lat Proof; more particu­larly direct, as distinguished from indirect or circumstantial evidence.
—Probatio mortua. Dead proof; that is proof by inanimate objects, such as deeds or other written evidence.—Probatio plena. In the civil law. Full proof; proof by two wit­nesses, or a public instrument Hallifax, Civil Law, b. 3, c. 9, no. 25; 3 Bl. Comm. 370.—Pro­batio semi-plena. In the civil law. Half-full proof; half-proof. Proof by one witness, or a private instrument. Hallifax, Civil Law, b. 3, c, 9, no. 25; 3 Bl. Comm. 370.—Probatio viva. Living proof; that is, proof by the mouth of living witnesses.
PROBATION. The act of proving; evi­dence ; proof. Also trial; test; the time of novitiate. Used in the latter sense in the monastic orders.
In modern criminal administration, allow­ing a person convicted of some minor of­fense (particularly juvenile offenders) to go at large, under a suspension of sentence, dur­ing good behavior, and generally under the supervision or guardianship of a "probation officer."
PROBATIONER. One who is upon trial. A convicted offender who is allowed to go at large, under suspension of sentence, during good behavior.
Probationes debent esse evidentes, scil. perspicuse et faciles intelligi. Co. Litt. 283. Proofs ought to be evident, to-wit, per­spicuous and easily understood.
Probatis extremis, prsesumuntur me­dia. The extremes being proved, the inter-

PROBATIVE
947
PROCEEDING

mediate proceedings are presumed. 1 GreenL Ev. { 20.
PROBATIVE. In the law of evidence. Having the effect of proof; tending to prove, or actually proving.
—Probative fact. In the law of evidence. A fact which actually has the effect of proving a fact sought; an evidentiary fact. 1 Benth. Ev. 18.
PR OB AT OB. In old English law. Strictly, an accomplice in felony who to save himself confessed the fact, and charged or accused any other as principal or accessory, against whom he was bound to make good his charge. It also signified an approver, or one who undertakes to prove a crime charg­ed upon another. Jacob. See State v. Gra­ham, 41 N. J. Law, 16, 32 Am. Rep. 174.
PROBATORY TERM. This name is giv­en, in the practice of the English admiralty courts, to the space of time allowed for the taking of testimony in an action, after issue formed.
PROBATTTM EST. Lat It is tried or proved.
PROBUS ET LEGALIS HOMO. Lat. A good and lawful man. A phrase particu­larly applied to a juror or witness who was free from all exception. 8 Bl. Comm. 102.
PROCEDENDO. In practice. A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be proceeded in there, where it ap­pears to the superior court that it was re­moved on insufficient grounds. Cowell; 1 Tidd, Pr. 408, 410; Yates v. People, 6 Johns. (N. Y.) 446.
A writ which issued out of the common-law jurisdiction of the court of chancery, when judges of any subordinate court delay­ed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the sovereign's name to proceed to give judg­ment, but without specifying any particular judgment. Wharton.
A writ by which the commission of a jus­tice of the peace is revived, after having been suspended. 1 Bl. Comm. 353.
—Procedendo on aid prayer. If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay until this writ of procedendo de loquela come to them. So, also, on a personal action. New Nat. Brev. 154.
PROCEDURE. This word is commonly opposed to the sum of legal principles consti­tuting the substance of the law, and denotes
the body of rules, whether of practice or ot pleading, whereby rights are effectuated through the successful application of the proper remedies. It is also generally distin­guished from the law of evidence. Brown. See Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct 443, 27 L. Ed. 506; Cochran v. Ward, 5 Ind. App. 89, 29 N. E. 795, 31 N. E. 581, 51 Am. St. Rep. 229.
The law of procedure is what is now com­monly termed by jurists "adjective law," {Q. v.)
PROCEED. A stipulation not to proceed against a party is an agreement not to sue. To sue a man is to proceed against him. Planters' Bank v. Houser, 57 Ga. 140; Iliff v. Weymouth, 40 Ohio St. 101.
PROCEEDING. In a general sense, the form and manner of conducting juridical business before a court or judicial officer; regular and orderly progress in form of law; including all possible steps in an action from its commencement to the execution of judg­ment. In a more particular sense, any ap­plication to a court of justice, however made, for aid in the enforcement of rights, for re­lief, for redress of injuries, for damages, or for any remedial object. Erwin v. U. S. (D. C.) 37 Fed. 488, 2 L. R. A. 229; People v. Raymond, 186 111. 407, 57 N. E. 1066; More-wood v. Hollister, 6 N. Y. 309; Uhe v. Rail­way Co., 3 S. D. 563, 54 N. W. 601; State v. Gordon, 8 Wash. 488, 36 Pac. 498.
—Collateral proceeding. One in which the particular question may arise or be involved incidentally, but which is not instituted for the very purpose of deciding such question; as in the rule that a judgment cannot be attacked, or a corporation's right to exist be questioned, in any collateral proceeding. Peyton v. Peyton, 2S Wash. 278, 68 Pac. 757; Peoria & P. U. R. Co. v. Peoria & F. R. Co., 105 111. 116.—Exec­utory proceeding. In the law of Louisiana, a proceeding which is resorted to in the follow­ing cases: When the creditor's right arises from an act importing a confession of judg­ment, and which contains a privilege or mort­gage in his favor; or when the creditor de­mands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code Prac. La. art. 732.—Legal pro­ceedings. This term includes all proceedings authorized or sanctioned by law, and brought or instituted in a court of justice or legal tri­bunal, for the acquiring of a right or the en­forcement of a remedy. Griem v. Fidelity & Casualty Co., 99 Wis. 530. 75 N. W. 67; In re Emslie (D. C.) 98 Fed. 720; Id., 102 Fed. 293, 42 C. C. A. 350; Mack v. Campau, 69 Vt. 558, 38 Atl. 149, 69 Am. St Rep. 948 —Special proceeding. This phrase has been used in the New York and other codes of pro­cedure as a generic term for all civil remedies which are not ordinary actions. Code Proc. N. Y. § 3.—Summary proceeding. Any pro­ceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, with­out presentment or indictment, or in other re­spects out of the regular course of the com­mon law. In procedure, proceedings are said to be summary when they are short and simple in comparison with regular proceedings; ». e., in comparison with the proceedings which

PROCEEDING
948
PROCESS

alone would have been applicable, either in the same or analogous cases, if summary proceed­ings had not been available. Sweet. And see Phillips v. Phillips, 8 N. J. Law, 122; Govan v. Jackson, 32 Ark. 557; Western & A. R. Co. v. Atlanta, 113 Ga. 537, 38 S. E. 996, 54 L. R. A. 802.—Supplementary proceeding. A separate proceeding in an original action, in which the court where the action is pending is called upon to exercise its jurisdiction in aid of the judgment in the action. Bryant v. Bank of California (Cal.) 7 Pac. 130. In a more particular sense, a proceeding in aid of execu­tion, authorized by statute in some states in cases where no leviable property of the judg­ment debtor is found. It is a statutory equiv­alent in actions at law of the creditor's bill in equity, and in states where law and equity are blended, is provided as a substitute therefor. In this proceeding the judgment debtor is sum­moned to appear before the court (or a referee or examiner) and submit to an oral examination touching all his property and effects, and if property subject to execution and in his posses­sion or control is thus discovered, he is ordered to deliver it up, or a receiver may be appointed, See In re Burrows, 33 Kan. 675, 7 Pac. 148; Eikerberry v. Edwards, 67 Towa, 619, 25 N. W. 832, 56 Am. Rep. 360.
PROCEEDINGS. In practice. The steps or measures taken in the course of an ac­tion, including all that are taken. The pro­ceedings of a suit embrace all matters that occur in its progress judicially. Morewood y. Hollister, 6 N. Y. 320.
PROCEEDS. Issues; produce; money ob­tained by the sale of property; the sum, amount," or value of property sold or convert­ed into money or into other property. See Hunt v. Williams, 123 lnd. 493, 26 N. E. 177; Andrews v. Johns, 59 Ohio St. 65, 51 N. E. 8S0; Belmont v. Ponvert, 35 N. Y. Super. Ct 212.
PROCERES. Nobles; lords. The house of lords in England is called, in Latin, "Do-mus Procerum."
PROCES VERBAL. In French law. A written report, which is signed, setting forth a statement of facts. This term is applied to the report proving the meeting and the resolutions passed at a meeting of share­holders, or to the report of a commission to take testimony. It can also be applied to the statement drawn up by a huissier in relation to any facts which one of the parties to a suit <a.n be interested in proving; for instance the sale of a counterfeited object. State­ments, drawn up by other competent author­ities, of misdemeanors or other criminal acts, are also called by this name. Arg. Fr. Merc Law, 570.
A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer and of what he himself does on the occasion. Hall v. Hall, 11 Tex. 526, 539.
PROCESS. In practice. This word is generally defined to be the means of compel­ling the defendant in an action to appear in
court. And when actions were commenced by original writ, instead of, as at present, by writ of summons, the method of compelling the defendant to appear was by what was termed "original process," being founded on the original writ, and so called also to distin­guish it from "mesne" or "intermediate" process, which was some writ or process which issued during the progress of the suit The word "process," however, as now com­monly understood, signifies those formal in­struments called "writs." The word "pro­cess" is in common-law practice frequently applied to the writ of summons, which is the instrument now in use for commencing per­sonal actions. But in its more comprehensive signification it includes not only the writ of summons, but all other writs which may be Issued during the progress of an action. Those writs which are used to carry the judg­ments of the courts into effect, and which are termed "writs of execution" are also common­ly denominated "final process," because they usually issue at the end of a suit See Carey v. German American Ins. Co., 84 Wis. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907; Savage v. Oliver, 110 Ga. 636, 36 S. E. 54; Perry v. Lorillard Fire Ins. Co., 6 Lans. (N. Y.) 204; Davenport v. Bird, 34 Iowa, 527; Philadelphia v. Campbell, 11 Phila. (Pa.) 164; Phillips v. Spotts, 14 Neb. 139, 15 N. W. 332. In the practice of the English privy council in ecclesiastical appeals, "process" means an official copy of the whole proceedings and proofs of the court below, which is transmit­ted to the registry of the court of appeal by the registrar of the court below in obedi­ence to an order or requisition requiring him so to do, called a "monition for process," is­sued by the court of appeal. Macph. Jud. Com. 173.
—Abuse of process. See ABUSE.—Compul­sory process. See Compulsoby.—Executory process. In the law of Louisiana, a summary process in the nature of an order of seizure and bale, which is available when the right of the creditor arises from an act or instrument which includes or imports a confession of judgment and a privilege or lien in his favor, and also to enforce the execution of a judgment render­ed 'in another jurisdiction. See Rev. Code Prac. 1894, art. 732.—Final process. The last process in a suit; that is, writs of execu­tion. Thus distinguished from mesne process, which includes all writs issued during the prog­ress of a cause and before final judgment. Amis v. Smith, 16 Pet 313, 10 L. Ed. 973.—Ir­regular process. Sometimes the term "ir­regular process" has been defined to mean pro­cess absolutely void, and not merely erroneous and voidable; but usually it has been applied to all process not issued in strict conformity with the law, whether the defect appears upon the face of the process, or by reference to ex­trinsic facts, and whether such defects render the process absolutely void or only voidable. Cooper v. Harter, 2 lnd. 253. And see Bryan v. Congdon, 86 Fed. 221, 29 C. C. A. 670: Paine v. Ely, N. Chip. (Vt.) 24.—Judicial process. In a wide sense, this term may in­clude all the acts of a court from the be­ginning to the end of its proceedings in a given cause; but more specifically it means the> writ, summons, mandate, or other process which is used to inform the defendant of the institu-

PROCESS
949
PROCLAMATION

tion of proceedings against him and to com­pel his appearance, in either civil or criminal cases. See State v. Guilbert, 56 Ohio St. 575, 47 N. E. 551, 38 L R. A. 519, 60 Am. St. Rep. 756; In re Smith (D. C.) 132 Fed. 303. —Legal process. This term is sometimes used as equivalent to "lawful process." Cooley v. Davis, 34 Iowa, 130. But properly it means a writ, warrant, mandate, or other process issuing from a court of justice, such as an at­tachment,* execution, injunction, etc. See In re Bminger, 3 Fed. Cas. 416; Loy v. Home Ins. Co, 24 Minn. 319, 31 Am. Rep. 346; Perry V. Lorillard F. Ins. Co., 6 Lans. (N. Y.) 204; Com. v. Brower, 7 Pa. Dist. R. 255.— Mesne process. As distinguished from final process, this signifies any writ or process issued between the commencement of the action and the suing out of execution. It includes the writ of summons, (although that is now the usu­al commencement of actions,) because ancient­ly that was preceded by the original writ. The writ of capias ad respondendum was called "mesne" to distinguish it, on the one hand, from the original process by which a suit was formerly commenced; and, on the other, from the final process of execution. Birmingham Dry Goods Co. v. Bledsoe, 113 Ala. 418, 21 South. 403; Hirshiser v. Tinsley, 9 Mo. App. 342; Pennington v. Lowinstein, 19 Fed. Cas. 168. —Original process. That by which a ju­dicial proceeding is instituted; process to com­pel the appearance of the defendant. Distin­guished from "mesne" process, which issues, during the progress of a suit, for some sub­ordinate or collateral purpose; and from "final" process, which is process of execution. Appeal of Hotchkiss, 32 Conn. 353.—Process of interpleader. A means of determining the ri<*ht to property claimed by each of two or more persons, which is in the possession, of a third.—Process of law. See Due Process OF Law.—Process roll. In practice. A roll used for the entry of process to save the stat­ute of limitations. 1 Tidd, Pr. 161, 162 — Regular process. Such as is issued accord­ing to rule and the prescribed practice, or which emanates, lawfully and in a proper case, from a court or magistrate possessing jurisdic­tion.—Summary process. Such as is im­mediate or instantaneous, in distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. Gaines v. Travis, 8 N. Y. Leg. Obs. 49.—Trustee process. The name given in some states (particularly in New England) to the process of garnishment or foreign attach­ment—Void process. Such as was issued without power in the court to award it, or which the court had not acquired jurisdiction to issue in the particular case, or which fails in some material respect to comply with the requisite form of legal process. Bryan v. Congdon, 86 Fed. 223, 29 C C. A. 670.
In patent law. A means or method em­ployed to produce a certain result or effect, or a mode of treatment of given materials to produce a desired result, either by chemical action, by the operation or application of some element or power of nature, or of one substance to another, irrespective of any ma­chine or mechanical device; in this sense a "process" is patentable, though, strictly speaking, it is the art and not the process which is the subject of patent See Coch­rane v. Deener, 94 U. S. 780, 24 L. Ed. 139; Corning v. Burden, 15 How. 268, 14 L. Ed. 683; Westinghouse v. Hoyden Power-Brake Co., 170 U. S. 537, 18 Sup. Ct. 707, 42 L. Ed. 1136; New Process Fermentation Co. v. Maus (C. a) 20 Fed. 728; Piper v. Brown,
19 Fed. Cas. 718; In re Weston, 17 App. D. C. 436; Appleton Mfg. Co. v. Star Mfg. Co., 60 Fed. 411, 9 C. C. A. 42.
—Mechanical process. A process involving solely the application of mechanism or mechan­ical principles; an aggregation of functions; not patentable'considered apart from the mech­anism employed or the finished product of manu­facture. See Risdon Iron, etc., Works v. Med-art, 158 U. S. 68, 15 Sup. Ct 745, 39 L. Ed. 899; American Fibre Chamois Co. v. Buckskin Fibre Co., 72 Fed. 514, 18 C. a A. 662; Coch­rane v. Deener, 94 U. S. 780, 24 L. Ed. 139.
PROCESSIONING. A proceeding to de­termine boundaries, in use in some of the United States, similar in all respects to the English perambulation, (q. v.)
PROCESSUM CONTINUANDO. In
English practice. A writ for the continuance of process after the death of the chief jus­tice or other justices in the commission of oyer and terminer. Reg. Orig. 128.
Processus legis est gravis vexatio; ez-ecutio legis coronat opus. The process of the law is a grievous vexation; the execu­tion of the law crowns the work. Co. Litt 2896. The proceedings in an action while in progress are burdensome and vexatious; the execution, being the end and object of the ac­tion, crowns the labor, or rewards it with success.
PROCHEIN. L. Fr. Next A term somewhat used in modern law, and more fre­quently in the old law; as prochein ami, prochein cousin. Co. Litt 10.
—Prochein ami. Next friend. As an infant cannot legally sue in his own name, the action must be brought by his prochein ami; that is, some friend (not being his guardian) who will appear as plaintiff in his name.—Prochein avoidance. Next vacancy. A power to ap­point a minister to a church when it shall next become void.
PROCHRONISM. An error in chronol­ogy ; dating a thing before it happened.
PROCINCTUS. Lat In the Roman law. A girding or preparing for battle. Testa-mentum in procinctu, a will made by a soldier, while girding himself, or preparing to engage in battle. Adams, Rom. Ant 62; Calvin.
PROCLAIM. To promulgate; to an­nounce ; to publish, by governmental author­ity, intelligence of public acts or transactions or other matters important to be known by the people.
PROCLAMATION. The act of causing some state matters to be published or made generally known. A written or printed doc­ument in which are contained such matters, issued by proper authority. 3 Inst 162; 1 Bl. Comm. 170.
The word "proclamation" is also used to express the public nomination made of any

PROCLAMATION
950
PROCURATOR

one to a high office; as, such a prince was proclaimed emperor.
In practice. The declaration made by the crier, by authority of the court, that something is about to be done.
In equity practice. Proclamation made by a sheriff upon a writ of attachment, sum­moning a defendant who has failed, to .appear personally to appear and answer the plain­tiff's bill. 3 Bl. Comm. 444.
—Proclamation by lord of manor. A proc­lamation made by the lord of a manor (thrice repeated) requiring the heir or devisee of a deceased copyholder to present himself, pay the fine, and be admitted to the estate; failing which appearance, the lord might seize the lands quousque (provisionally.)—Proclamation of exigents. In old English law. When an ex­igent was awarded, a writ of proclamation is­sued, at the same time, commanding the sher­iff of the county wherein the defendant dwelt to make three proclamations thereof in places the most notorious, and most likely to come to his knowledge, a month before the outlawry should take place. 3 Bl. Comm. 284.—Proclamation of a fine. The notice or proclamation which was made after the engrossment of a fine of lands, and which consisted in its being openly read in court sixteen times, viz., four times in the term in which it was made, and four times in each of the three succeeding terms, which, however, was afterwards reduced to one read­ing in each term. Oowell. See 2 Bl. Comm. 352.—Proclamation of rebellion. In old English law. A proclamation to be made by the sheriff commanding the attendance of a person who had neglected to obey a subpoena or attachment in chancery. If he did not surren­der himself after this proclamation, a commis­sion of rebellion issued. 3 Bl. Comm. 444.— Proclamation of recusants. A proclama­tion whereby recusants were formerly convict­ed, on non-appearance at the assizes. Jacob.
PROCLAMATOR. An officer of the Eng­lish court of common pleas.
PRO-CONSUL. Lat In the Roman law. Originally a consul whose command was pro­longed after his office had expired. An of­ficer with consular authority, but without the title of "consul." The governor of a province. Calvin.
PROCREATION. The generation of chil­dren. One of the principal ends of marriage is the procreation of children. Inst tit. 2, in pr.
PROCTOR. A procurator, proxy, or at­torney. More particularly, an officer of the admiralty and ecclesiastical courts whose du­ties and business correspond exactly to those of an attorney at law or solicitor in chancery.
An ecclesiastical person sent to the lower house of convocation as the representative of a cathedral, a collegiate church, or the clergy of a diocese. Also certain administrative or magisterial officers in the universities.
—Proctors of the clergy. They who are chosen and appointed to appear for cathedral or other collegiate churches; as also for the common clergy of every diocese, to sit in the convocation house in the time of parliament. Wharton.
PROCURACY. The- writing or instru­ment which authorizes a procurator to act Oowell; Termes de la Ley.
PRO CUR AD OR DEL COMUN. Sp. In
Spanish law, an officer appointed to make in­quiry, put a petitioner in possession of land prayed for, and execute the orders of the executive in that behalf. See Lecompte v. U. S., 11 How. 115, 126, 13 L. Ed. 627.
PROCURARE. Lat. To take care of another's affairs for him, or in his behalf; to manage; to take care of or superintend.
PROCURATIO. Lat. Management of another's affairs by his direction and in his behalf; procuration; agency.
Procuratio est exhibitio sumptuum necessariorum facta prselatis, qui diee-ceses peragrando, ecclesias subjectas visitant. Dav. Ir. K. B. 1. Procuration is the providing necessaries for the bishops, who, in traveling through their dioceses, visit the churches subject to them.
PROCURATION. Agency; proxy; the act of constituting another one's attorney In fact; action under a power of attorney or other constitution of agency. Indorsing a bill or note "by procuration" (or per proc) is doing It as proxy for another or by his au­thority.
—Procuration fee, (or money.) In English law. Brokerage or commission allowed to scriv­eners and solicitors for obtaining loans of mon­ey. 4 Bl. Comm. 157.
Procurationem adversus nulla est prseseriptio. Dav. Ir. K. B. 6. There Is no prescription against procuration.
PROCURATIONS. In ecclesiastical law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis. Dig. 3, 39, 25; Ayl. Par. 429.
PROCURATOR. In the civil law. A
proctor; a person who acts for another by virtue of a procuration. Dig. 3, 3, 1.
In old English, law. An agent or attor­ney ; a bailiff or servant A proxy of a lord in parliament.
In ecclesiastical lav/. One who collect­ed the fruits of a benefice for another. An advocate of a religious house, who was to solicit the interest and plead the causes of the society. A proxy or representative of a par­ish church.
—Procurator fiscal. In Scotch law, this is the title of the public prosecutor for each dis­trict, who institutes the preliminary inquiry into crime within his district. The office is an­alogous, in some respect to that of "prosecut­ing attorney," "district attorney," or "state's at­torney" in America.—Procurator in rem su-am. Proctor (attorney) in his own affair, or with reference to his own property. This term

PROCURATOR
951
PRODUCTION

is used in Scotch law to denote that a person is acting under a procuration (power of attor­ney) with reference to a thing which has become his own property. See Ersk. Inst. 3, 5, 2.— Procurator litis. In the civil law. One who by command of another institutes and car­ries on for him a suit. Vicat, Voc. Jur.— Procurator negotioruxn. In the civil law. An attorney in fact; a manager of business affairs for another person.—Procurator pro-vinciae. In Roman law. A provincial officer who managed the affairs of the revenue, and had a judicial power in matters that concerned the revenue. Adams, Rom. Ant. 178.
PROCURATORES ECCXESIiE PARO-
CHIALIS. The old name for church-ward­ens. Paroch. Antiq. 562.
PROCURATORIUM. In old English law. The procuratory or instrument by which any person or community constituted or delegated their procurator or proctors to represent them in any judicial court or cause. Cowell.
PROCURATORY OF RESIGNATION.
In Scotch law. A form of proceeding by which a vassal authorizes the feu to be re­turned to his superior. Bell. It is anal­ogous to the surrender of copyholds in Eng­land.
PROCURATRIX. In old English law. A female agent or attorney in fact Fleta, lib. 3, c. 4, § 4.
PROCURE. In criminal law, and in analogous uses elsewhere, to "procure" is to initiate a proceeding to cause a thing to be done; to instigate; to contrive, bring about, effect, or cause. See U. S. v. Wilson, 28 Fed. Cas. 710; Gore v. Lloyd, 12 Mees. & W. 480; Marcus v. Bernstein, 117 N. C. 31, 23 S. E. 38; Rosenbarger v. State, 154 Ind. 425, 56 N. E. 914; Long v. State, 23 Neb. 33, 36 N. W. 310.
PROCURER. A pimp; one that procures the seduction or prostitution of girls. They are punishable by statute in England and America.
PROCUREUR. In French law. An at­torney ; one who has received a commission from another to act on his behalf. There were in France two classes of procureurs: Procureurs ad negotia, appointed by an in­dividual to act for him in the administration of his affairs; persons invested with a power of attorney; corresponding to "attorneys in fact." Procureurs ad lites were persons ap­pointed and authorized to act for a party in a court of Justice. These corresponded to at­torneys at law, (now called, in England, "so­licitors of the supreme court.") The order of procureurs was abolished in 1791, and that of avoue"s established in their place. Mozley A Whitley.
PROCUREUR DU ROI, in French law, is a public prosecutor, with whom rests the
Initiation of all criminal proceedings. In the exercise of his office (which appears to include the apprehension of offenders) he is entitled to call to his assistance the public force, (posse comitatusf) and the officers of police are auxiliary to him.
PROCUREUR GENERAL, or IM­PERIAL.. In French law. An officer of the imperial court, who either personally or by his deputy prosecutes every one who is ac­cused of a crime according to the forms of French law. His functions appear to be con­fined to preparing the case for trial at the assizes, assisting in that trial, demanding the sentence in case of a conviction, and being present at the delivery of the sentence. He has a general superintendence over the of­ficers of police and of the juges d'instruction, and he requires from the procureur du roi a general report once in every three months. Brown.
PRODES HOMINES. A term said by Tomlins to be frequently applied in the ancient books to the barons of the realm, particularly as constituting a council or ad­ministration or government. It is probably a corruption of "probi homines."
PRODIGUS. Lat. In Roman law. A prodigal; a spendthrift; a person whose ex­travagant habits manifested an inability to administer his own affairs, and for whom a guardian might therefore be appointed.
PRODITION. Treason; treachery.
PRODITOR. A traitor.
PRODITORIE. Treasonably. This Is a technical word formerly used in~ indict­ments for treason, when, they were written in Latin. Tomlins.
PRODUCE. To bring forward; to show or exhibit; to bring into view or notice; as, to produce books or writings at a trial in obedience to a sudpoena duces tecum.
PRODUCE BROKER. A person whose occupation it is to buy or sell agricultural or farm products. 14 U. S. St. at Large, 117; U. S. v. Simons, 1 Abb. (U. S.) 470, Fed. Cas. No. 16,291.
PRODUCENT. The party calling a wit­ness under the old system of the English ec­clesiastical courts.
PRODUCTIO SECTJE. In old English law. Production of suit; the production by a plaintiff of his secta or witnesses to prove the allegations of his count See 3 Bl. Comm. 295.
PRODUCTION. In political economy. The creation of objects which constitute wealth. The requisites of production are

PRODUCTION OF SUIT 952
PROFITS

labor, capital, and the materials and motive forces afforded by nature. Of these, labor and the raw material of the globe are pri­mary and indispensable. Natural motive pow­ers may be called in to the assistance of la­bor, and are a help, but not an essential, of production. The remaining requisite, capital, is itself the product of labor. Its instru­mentality in production is therefore, in reality, that of labor in an indirect shape. Mill, Pol. Econ.; Wharton.
PRODUCTION OF SUIT. In pleading. The formula, "and therefore he brings his suit," etc., with which declarations always conclude. Steph. PI. 428, 429.
PROFANE. That which has not been consecrated. By a profane place is under­stood one which is neither sacred nor sancti­fied nor religious. Dig. 11, 7, 2, 4.
PROFANELY. In a profane manner. A technical word in indictments for the stat­utory offense of profanity. See Updegraph ?. Com., 11 Serg. & R. (Pa.) 394.
PROFANITY. Irreverence towards sa­cred things; particularly, an irreverent or blasphemous use of the name of God; pun­ishable by statute in some jurisdictions.
PROFECTITIUS. Lat. In the civil law. That which descends to us from our as­cendants. Dig. 23, 3, 5.
PROPER. In old English law. An offer or proffer; an offer or endeavor to proceed in an action, by any man concerned to do so. Cowell.
A return made by a sheriff of his accounts Into the exchequer; a payment made on such return. Id.
PROFERT IN CURIA. L. Lat. He pro­duces in court. In old practice, these words were inserted in a declaration, as an allega­tion that the plaintiff was ready to produce, or did actually produce, in court, the deed or other written instrument on which his suit was founded, in order that the court might inspect the same and the defendant hear it read. The same formula was used where the defendant pleaded a written instrument
In modern practice. An allegation form­ally made in a pleading, where a party al­leges a deed, that he shows it in court, it being in fact retained In his own custody. Steph. PI. 67.
PROFESSION. A public declaration re­specting something. Cod. 10, 41, 6.
In ecclesiastical law. The act of enter­ing into a religious order. See 17 Vin. Abr. 545.
Also a calling, vocation, known employ­ment; divinity, medicine, and law are called the "learned professions."
PROFICUA. L. Lat In aid English law. Profits; especially the "iss^s and profits'* of an estate in land. See Co. Litt 142.
PROFILE. In civil engineering, a draw­ing representing the elevation of the various points on the plan of a road, or the like, above some fixed elevation. Pub. St Mass. 1882, p. 1294.
PROFITS. 1. The advance in the price of goods sold beyond the cost of purchase. The gain made by the sale of produce or manufactures, after deducting the value of the labor, materials, rents, and all expenses, together with the interest of the capital em­ployed. Webster. See Providence Rubber Co. v. Goodyear, 9 Wall. 805, 19 L. Ed. 828; Mundy v. Van Hoose, 104 Ga. 292, 30 S. B. 783; Hinckley v. Pittsburgh Bessemer Steel Co., 121 U. S. 264, 7 Sup. Ct. 875, 30 L. Ed. 967; Prince v. Lamb, 128 Cal. 120, 60 Pac 689; Maryland Ice Co. v. Arctic Ice Mach. Mfg. Co., 79 Md. 103, 29 Atl. 69.
2.The benefit, advantage, or pecuniary gain accruing to the owner or occupant of land from its actual use; as in the familiar phrase "rents, issues, and profits," or in the expression "mesne profits."
3.A division sometimes made of incor­poreal hereditaments; as distinguished from "easements," which tend rather to the con­venience than the profit of the claimant 2 Steph. Comm. 2.
—Mesne profits. Intermediate profits; that is, profits which have been accruing between two given periods. Thus, after a party has recovered the land itself in an action of eject­ment, he frequently brings another action for the purpose of recovering the profits which have been accruing or arising Out of the land between the time when his title to the possession accrued or was raised and the time of his recovery in the action of ejectment, and such an action is thence termed an "action for mesne profits." Brown.—Mesne profits, action of. An ac­tion of trespass brought to recover profits de­rived from land, while the possession of it has been improperly withheld; that is, the yearly value of the premises. Wortbington v. Hiss, 70 Md. 172, 16 Atl. 534; Woodhull v. Rosen­thal, 61 N. Y. 394; Thompson v. Bower, 60 Barb. (N. Y.) 477.—Net profits. Theoretically all profits are "net." But as the expression "gross profits" is sometimes used to describe the mere excess of present value over former value, or of returns from sales over prime cost, the phrase "net profits" is appropriate to de­scribe the gain which remains after the further deduction of all expenses, charges, costs, allow­ance for depreciation, etc.—Profit and loss. The gain or loss arising from goods bought or sold, or from carrying on any other business, the former of which, in book-keeping, is placed on the creditor's side; the latter on the debtor's side.—Profits a prendre. These, which are also called "rights of common," are rights ex­ercised by one man in the soil of another, ac­companied with participation in the profits of the soil thereof; as rights of pasture, or of digging sand. Profits a prendre differ from easements, in that the former are rights of profit, and the latter are mere rights of con­venience without profit. Gale, Easem. 1; Hall, Profits a Prendre, 1. See 'Payne v. Sheets, 75 Vt 335, 55 Atl. 656; Black r. Elkhorn

PROGENER
953
PROMATERTERA

Bfln. Co. (C. C.) 49 Fed. 549; Bingham v. Salene, 15 Or. 208, 14 Pac. 523, 3 Am. St. Rep. 152; Pierce v. Keator, 70 N. Y. 422, 26 Am. Rep. 612.
PROGENER. Lat. In the civil law. A grandson-in-law. Dig. 38, 10, 4, 6.
PROGRESSION. That state of a busi­ness which is neither the commencement nor the end. Some act done after the matter has <x>mmenced, and before it is completed. Plowd. 343.
Prohibetur ne quia faciat in sno quod nooere possit alieno. It is forbidden for any one to do or make on his own [land] what may injure another's. 9 Coke, 59a.
PROHIBITED DEGREES. Those de­grees of relationship by consanguinity which are so close that marriage between persons related to ea"ch other in any of such degrees is forbidden by law. See State v. Guiton, 51 La. Ann. 155, 24 South. 784.
PROHIBITIO DE VASTO, DIRECTA PARTI. A judicial writ which used to be Addressed to a tenant, prohibiting him from waste, pending suit Reg. Jud. 21; Moore, 317.
PROHIBITION. In practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an in­ferior court, commanding them to cease from the prosecution of the same, upon a sugges­tion that the cause originally, or some col­lateral matter arising therein, does not be­long to that jurisdiction, but to the cogni­zance of some other court. 3 Bl. Comm. 112.
The writ of prohibition is the counterpart of the writ of mandate. It arrests the pro­ceedings of any tribunal, corporation, board, or person, when such proceedings are with­out or in excess of the jurisdiction of such tribunal, corporation, board, or person. Code Civ. Proc. Cal. § 1102. And see Mayo v. James, 12 Grat. (Va.) 23; People v. Judge of Superior Court (Mich.) 2 N. W. 919; State v. Ward, 70 Minn. 58, 72 N. W. 825; Johns­ton v. Hunter, 50 W. Va. 52, 40 S. E. 448; Appo v. People, 20 N. Y. 531; Hovey v. Elliott, 167 U. S. 409, 17 Sup. Ct. 841, 42 L. Ed. 215; State v. Evans, 88 Wis. 255, 60 N. W. 433.
PROHIBITIVE IMPEDIMENTS.
Those impediments to a marriage which are only followed by a punishment,, but do not render the marriage null. Bowyer, Mod. Civil Law, 44.
PROJECTIO. Lat. In old English law. A throwing up of earth by the sea.
PROJET. Fr. In international law. The draft of a proposed treaty or convention.
Prolem ante matrimoninm natam, ita ut post legitimam, lex civilis succedere facit in hsereditate parentnm; sed pro­lem, qnam matrimoninm non parit, suc­cedere non sinit lex Anglornm. Fortesc. c. 39. The civil law permits the offspring born before marriage [provided such off­spring be afterwards legitimized] to be the heirs of their parents; but the law of the English does not suffer the offspring not pro­duced by the marriage to succeed.
PROLES. Lat. Offspring; progeny; the issue of a lawful marriage.
Proles sequitnr sortem paternam. The
offspring follows the condition of the father. Lynch v. Clarke, 1 Sandf. Ch. (N. Y.) 583, 660.
PROLETARIATE. The class of prole-tarii; the lowest stratum of the people of a country, consisting mainly of the waste of other classes, or of those fractions of the population who, by their isolation and their poverty, have no place in the established or­der of society.
PROLETARIUS. Lat. In Roman law. A person of poor or mean condition; those among the common people whose fortunes were below a certain valuation; those who were so poor that they could not serve the state with money, but only with their chil­dren, (proles.) Calvin.; Vicat.
PROLICIDE. In medical jurisprudence. A word used to designate the destruction of the human offspring. Jurists divide the sub­ject into foeticide, or the destruction of the foetus in utero, and infanticide, or the de­struction of the new-born infant. Ry. Med. Jur. 280.
PROLIXITY. The unnecessary and su­perfluous statement of facts in pleading or in evidence. This will be rejected as imperti­nent 7 Price, 278, note.
PROLOCUTOR. In ecclesiastical law. The president or chairman of a convocation.
PROLONGATION. Time added to the duration of something; an extension of the time limited for the performance of an agree­ment. A prolongation of time accorded to the principal debtor will discharge the sure­ty.
PROLYTiE. In Roman law. A name given to students of law in the fifth year of their course; as being in advance of the Lyta?, or students of the fourth year. Cal­vin.
PROMATERTERA. Lat In the civil law. A great maternal aunt; the sister of one's grandmother.
—Promatertera magna. Lat In the civil law. A great-great-aunt

PROMISE
954
PRONEPTIS

PROMISE. A declaration, verbal or written, made by one person to another for a good or valuable consideration in the na­ture of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal right to de­mand and enforce a fulfillment. See Taylor v. Miller, 113 N. C. 340, 18 S. E. 504; New-comb v. Clark, 1 Denio (N. Y.) 228; Foute v. Bacon, 2 Cush. (Miss.) 164; U. S. v. Bal­tic Mills Co., 124 Fed. 41, 59 C. C. A. 558.
"Promise" is to be distinguished, on the one hand, from a mere declaration of intention in­volving no engagement or assurance as to the future; and, on the other, from "agreement," which is an obligation arising upon reciprocal promises, or upon a promise founded on a con­sideration. Abbott.
"Fictitious promises," sometimes called "implied promises," or "promises implied in law," occur in the case of those contracts which were invented to enable persons in certain cases to take advantage of the old rules of pleading peculiar to contracts, and which are not now of practical importance. Sweet.
—Mutual promises. Promises simultaneous­ly made by and between two parties; each be­ing the consideration for the other.—Naked promise. One given without any considera­tion, equivalent, or reciprocal obligation, and for that reason not enforceable at law. See Arend v. Smith, 151 N. Y. 502, 45 N. E. 872. —New promise. An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer be enforced, whereby the promisor recognizes and revives such former promise and engages to fulfill it.—Parol promise. A simple contract; a verbal promise. 2 Steph. Comm. 109.—Prom­ise of marriage. A contract mutually en­tered into by a man and a woman that they will marry each other.
PROMISEE. One to whom a promise has been made.
PROMISOR. One who makes a prom­ise.
PROMISSOR. Lat In the civil law. A promiser; properly the party who under­took to do a thing in answer to the interro­gation of the other party, who was called the "stipulator."
PROMISSORY. Containing or consist­ing of a promise; in the nature of a promise; stipulating or engaging for a future act or course of conduct.
—Promissory note. A promise or engage­ment, in writing, to pay a specified sum at a time therein limited, or on demand, or at sight, to a person therein named, or to his order, or bearer. Byles, Bills, 1, 4; Hall v. Farmer, 5 Denio (N. Y.) 484. A promissory note is a written promise made by one or more to pay an­other, or order, or bearer, at a specified time, a specific amount of money, or other articles of value. Code Ga. 1882, § 2774. A promis­sory note is an instrument negotiable in form, whereby the signer promises to pay a specified sum of money. Civ. Code Cal. § 3244. An un­conditional written promise, signed by the mak­er, to pay absolutely and at all events a sum
certain in money, either to the bearer or to a person therein designated or his order. Benj. Chalm. Bills & N. art. 271.
As to promissory "Oath," "Representa­tion," and "Warranty," see those titles.
PROMOTERS. In the law relating to corporations, those persons are called the "promoters" of a company who first asso­ciate themselves together for the purpose of organizing the company, issuing its pro­spectus, procuring subscriptions to the stock, securing a charter, etc. See Dickerman v. Northern Trust Co., 176 U. S. 181, 20 Sup. Ct 311, 44 L. Ed. 423; Bosher v. Rich­mond & EL. Land Co., 89 Va. 455, 16 S. B. 360, 37 Am. St. Rep. 879; Yale Gas Stove Co. v. Wilcox, 64 Conn. 101, 29 Atl. 303, 25 L. R. A. 90, 42 Am. St. Rep. 159; Densmore Oil Co. v. Densmore, 64 Pa. 49.
In English practice. Those persons who, in popular and penal actions, prosecute of­fenders in their own names and that of the king, and are thereby entitled to part of the fines and penalties for their pains, are called "promoters." Brown.
The term is also applied to a party who puts in motion an ecclesiastical tribunal, for the purpose of correcting the manners of any person who has violated the laws eccle­siastical ; and one who takes such a course is said to "promote the oflice of the judge." See Mozley & Whitley.
PROMOVENT. A plaintiff In a suit of duplex querela, (q. v.) 2 Prob. Div. 192.
PROMULGARE. Lat In Roman law. To make public; to make publicly known; to promulgate. To publish or make known a law, after its enactment.
PROMULGATE. To publish; to an­nounce officially; to make public as impor­tant or obligatory. See Wooden v. Western New York & P. R. Co. (Super. Ct.) 18 N. Y. Supp. 769.
PROMULGATION. The order given to cause a law to be executed, and to make it public; it differs from publication. 1 Bl. Comm. 45.
PROMUTUUM. Lat. In the civil law. A quasi contract, by which he who receives a certain sum of money, or a certain quan­tity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as much. Poth. de l'Usure, pt 3, s. 1, a. 1.
PRONEPOS. Lat. In the civil law. A great-grandson. Inst 3, 6, 1; Bract, fol. 67
PRONEPTIS. Lat In the civil law. A great-granddaughter. Inst 3, 6, 1; Bract fol. 67.

PRONOTART
955
PROPERTY

PRONOTARY. First notary. See Pso-
THONOTABY.
PRONOUNCE. To utter formally, offi­cially, and solemnly; to declare aloud and in a formal manner. In this sense a court is said to "pronounce" judgment or a sentence. See Ex parte Crawford, 36 Tex. Cr. R. 180, 36 S. W. 92.
PRONUNCIATION. L. Fr. A sentence or decree. Kelham.
PRONURUS. Lat In the civil law. The wife of a grandson or great-grandson. Dig. 38, 10, 4, 6.
PROOF. Proof, in civil process, is a suf­ficient reason for the truth of a juridical proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart. Ev. § 1.
Proof is the effect of evidence; the estab­lishment of a fact by evidence. Code Civ. Proc. Cal. § 1824. And see Nevling v. Com., 98 Pa. 328; Tift v. Jones, 77 Ga. 181, 3 S. E. 399; Powell v. State, 101 Ga. 9, 29 S. E. 309, 65 Am. St. Rep. 277; Jastrzembski v. Marxhausen, 120 Mich. 677, 79 N. W. 935.
Ayliffe defines "judicial proof to be a clear and evident declaration or demonstration of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods—First, by fit and proper arguments, such as conjec­tures, presumptions, indicia, and other admin­icular ways and means ; secondly, by legal meth­ods, or methods according to law, such as wit­nesses, public instruments, and the like. Ayl. Par. 442.
For the distinction between "proof," "evi­dence," "belief," and "testimony," see Evi­dence.
—Burden of proof. See that title.—Full proof. See Full.—Half proof. See Half. —Preliminary proof. See Pbeliminabt.— Positive proof. Direct or affirmative proof; that which directly establishes the fact in ques­tion ; as opposed to negative proof, which es­tablishes the fact by showing that its opposite is not or cannot be true. Niles v. Rhodes, 7 Mich. 378; Falkner v. Behr, 75 Ga. 674; Schrack v. McKnight, 84 Pa. 30.—Proof of debt. The formal establishment by a creditor of his debt or claim, in some prescribed man­ner, (as, by his affidavit or otherwise,) as a pre­liminary to its allowance, along with others, against an estate or property to be divided, such as the estate of a bankrupt or insolvent, a deceased person, or a firm or company in liquidation.—Proof of will. A term having the same meaning as "probate," (q. v.,) and used interchangeably with it.
PROPATRUUS. Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract fol. 686.
—Propatrtms magnus. In the civil law. A great-great-uncle.
PROPER. That whieh Is fit, suitable, adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hep-
burn, 2 Duv. (Ky.) 20; Westfield v. Warren, 8 N. J. Law, 251.
Peculiar; naturally or essentially belong­ing to a person or thing; not common; ap­propriate; one's own.
—Proper fends. In feudal law, the original and genuine feuds held by purely military service.—Proper parties. A proper party, as distinguished from a necessary party, is one who has an interest in the subject-matter of the litigation, which may be conveniently settled therein; one without whom a substantial de­cree may be made, but not a decree which shall completely settle all the questions which may be involved in the controversy and conclude the rights of all the persons who have any interest in the subject of the litigation. See Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14; Tatum v. Roberts, 59 Minn. ^2, 60 N. W. 848.
PROPERTY. Rightful dominion over external objects; ownership; the unrestrict­ed and exclusive right to a thing; the right to dispose of the substance of a thing Ui every legal way, to possess it, to use it and to exclude every one else from interfering with it. Mackeld. Rom. Law, § 265.
Property is the highest right a man can have to anything; being used for that right which one has to lands or tenements, goods or chattels, which noway depends on another man's cour­tesy. Jackson ex dem. Pearson v. Housel, 17 Johns. 281, 283.
A right imparting to the owner a power of indefinite user, capable of being transmitted to universal successors by way of descent, and imparting to the owner the power of disposi­tion, from himself and his successors per uni-versitatem, and from all other persons who have a spes successions under any existing conces­sion or disposition, in favor of such person or series of persons as he may choose, with the like capacities and powers as he had himself, and under such conditions as the municipal or par­ticular law allows to be annexed to the disposi­tions of private persons. Aust. Jur. (Campbell's Ed.) § 1103.
The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. It consists in the free use, en­joyment and disposal of all a person's acquisi­tions, without any control or diminution save only by the laws of the land. 1 Bl. Comm. 138; 2 Bl. Comm. 2, 15.
The word is also commonly used to denote any external object over which, the right of property is exercised. In this sense it is a very wide term, and includes every class of acquisitions which a man can own or have an Interest in. See Scranton v. Wheeler, 179 D. S. 141, 21 Sup. Ct 48, 45 L. Ed. 126; Law­rence v. Hennessey, 165 Mo. 659, 65 S. W. 717; Boston & L. R. Corp. v. Salem & L. R. Co., 2 Gray (Mass.), 35; National Tel. News Co. v. Western Union Tel. Co., 119 Fed. 294, 56 C. C. A. 198, 60 L. R. A. 805; Hamilton v. Rathbone, 175 U. S. 414, 20 Sup. Ct. 155, 44 L. Ed. 219; Stanton v. Lewis, 26 Conn. 449; Wilson v. Ward Lumber Co. (C. C.) 67 Fed. 674.
—Absolute property. In respect to chattels personal property is said to be "absolute" where a man has, solely and exclusively, the right and also the occupation of any movable chattels, so

PROPERTY
that they cannot be transferred from him, or cease to be his, without his own act or default. 2 Bl Comm. 389. In the law of wills, a bequest or devise "to be the absolute property" of the beneficiary, may pass a title in fee simple. My­ers v. Anderson, 1 Strob. Eq. (S. C.) 344, 47 Am. Dec. 537; Fackler v. Berry, 93 Va. 565, 25 S. E. 887, 57 Am. St. Rep. 819. Or it may mean that the property is to be held free from any limitation or condition or free from any control or disposition on the part of others. Wilson v. White, 133 Ind. 614, 33 N. B. 361, 19 L. R. A. 581; Williams v. Vancleave, 7 T. B. Mon. (Ky.) 388, 393.—Common prop­erty. A term sometimes applied to lands owned by a municipal corporation, and held in trust for the common use of the inhabitants. Comp. Laws N. Mex. 1897, § 2184. Also property owned jointly by husband and wife under the community system. See Community.—Com­munity property. See Community.—Gau-ancial property. See that title.—General property. The right and property in a thing enjoyed by the general owner. See Own­er.—Literary property. See Litebary.—? Mixed property. Property which is per­sonal in its essential nature, but is invested by the law with certain of the characteristics and features of real property. Heirlooms, tomb­stones, monuments in a church, and title-deeds to an estate are of this nature. 2 Bl. Comm. 428; 3 Barn. & Adol. 174; 4 Bing. 106; Mil­ler v. Worrall, 62 N. J. Eq. 776, 48 Atl. 586, 90 Am. St. Rep. 480; Minot v. Thompson, 106 Mass. 585.—Personal property. Property of a personal or movable nature, as opposed to property of a local or immovable character, (such as land or houses,) the latter being called "real property." This term is also applied to the right or interest less than a freehold which a man has in realty. Boyd v. Selma, 96 Ala. 144, 11 South. 393, 16 L. R. A. 729; Adams v. Hackett, 7 Cal. 203; Stief v. Hart, 1 N. Y. 24; Bellows v. Allen, 22 Vt 108; In re Bruckman's Estate, 195 Pa. 363, 45 Atl. 1078; Atlanta v. Chattanooga Foundry & Pipe Co., (C. C.) 101 Fed. 907. That kind of property which usually consists of things temporary and movable, but includes all subjects of property not of a freehold nature, nor descendible to the heirs at law. 2 Kent, Comm. 340. Personal prop­erty is divisible into (1) corporeal personal prop­erty, which includes movable and tangible things, such as animals, ships, furniture, mer­chandise, etc.; and (2) incorporeal personal property, which consists of such rights as per­sonal annuities, stocks, shares, patents, and copy­rights. Sweet.—Private property, as pro­tected from being taken for public uses, is such property as belongs absolutely to an individ­ual, and of which he has the exclusive right of disposition; property of a specific, fixed and tangible nature, capable of being had in pos­session and transmitted to another, such as houses, lands, and chattels. Homochitto Riv­er Com'rs v. Withers, 29 Miss. 21, 64 Am. Dec. 126; Scranton v. Wheeler, 179 U. S. 141, 21 Sup. Ct. 48, 45 L. Ed. 126.—Property tax. In English law, this is understood to be an in­come tax payable in respect to landed property. In America, it is a tax imposed on property, whether real or personal, as distinguished from poll taxes, and taxes on successions, transfers, and occupations, and from license taxes. See Garrett v. St. Louis, 25 Mo. 510, 69 Am. Dec 475;. In re Swift's Estate, 137 N. Y. 77, 32 N. E. 1096. 18 L. R. A. 709; Rohr v. Gray, 80 Md. 274 30 Atl. 632.—Public property. This term is commonly used as a designation of those things which are public* juris, (a. v.,) and therefore considered as being owned by "the public," the entire state or community, and not restricted to the dominion of a private person. It may also apply to any subject of property owned by a state, nation, or municipal corpora­tion as such.—Qualified property. Property in chattels which is not in its nature perma-
6 PROPIOS
nent, but may at some times subsist and not at other times; such for example, as the prop­erty a man may have in wild animals which he has caught and keeps, and which are his only so long as he retains possession of them. 2 BL Comm. 389.—Real property. A general term for lands, tenements, and hereditaments; prop­erty which, on the death of the owner intestate, passes to his heir. Real property is either cor­poreal or incorporeal. See Code N. Y. § 462 — Separate property. The separate property of a married woman is that which she owns in her own right, which is liable only for her own debts, and which she can incumber and dispose of at her own will.—Special property. Prop­erty of a qualified, temporary, or limited nature; as distinguished from absolute, general, or un­conditional property. Such is the property of a bailee in the article bailed, of a sheriff in goods temporarily in his hands under a levy, of the finder of lost goods while looking for the owner, of a person in wild animals which he has caught. Stief v. Hart, 1 N. Y. 24; Moul-ton v. Witherell, 52 Me. 242; Eisendrath v. Knauer, 64 111. 402; Phelps v. People, 72 N. Y. 357.
PROPINQTJI ET CONSANGUTNEI.
Lat. The nearest of kin to a deceased per­son.
Propinquior excludit propinquum; propinquus remotum; et remotus remo-tiorem. Co. Litt 10. He who is nearer excludes him who is near; he who Is near, him who is remote; he who is remote, him who is remoter.
PROPINQUITY. Kindred; parentage.
PROPIOR SOBRINO, PROPIOR SO-BRINA. Lat. In the civil law. The son or daughter of a great-uncle or great-aunt, paternal or maternal. Inst. 3, 6, 3.
PROPIOS, PROPRIOS. In Spanish law. Certain portions of ground laid, off and reserved when a town was founded in Span­ish America as the unalienable property of the town, for the purpose of erecting public buildings, markets, etc., or to be used in any other way, under the direction of the munic­ipality, for the advancement of the revenues or the prosperity of the place. 12 Pet. 442, note.
Thus, there are solares, or house lots of a small size, upon which dwellings, shops, stores, etc., are to be built. There are suer-tes, or sowing grounds of a larger size, for cultivating or planting; as gardens, vine­yards, orchards, etc. There are ejidos, which are quite well described by our word "commons," and are lands used in common by the inhabitants of the place for pasture, wood, threshing ground, etc.; and particu­lar names are assigned to each, according to its particular use. Sometimes additional ejidos were allowed to be taken outside of the town limits. There are also proptos or municipal lands, from which revenues are derived to defray the expenses of the mu­nicipal administration. Hart v. Burnett, 15 Cal. 554.

PROPONE
957 PROPRIETATES VERBORUM

PROPONE. In Scotch law. To state. To propone a defense is to state or move it. 1 Karnes, Eq. pref.
In ecclesiastical and probate law. To
bring forward for adjudication; to exhibit as basis of a claim; to proffer for judicial action.
PROPONENT. The propounder of a thing. Thus, the proponent of a will is the party who offers it for probate, (g. v.)
PROPORTUM. In old records. Pur­port; intention or meaning. Cowell.
PROPOSAL. An offer; something prof­fered. An offer, by one person to another, of terms and conditions with reference to some work or undertaking, or for the trans­fer of property, the acceptance whereof will make a contract between them. Eppes v. Mississippi, G. & T. R. Co., 35 Ala. 33.
In English practice. A statement in writing of some special matter submitted to the consideration of a chief clerk in the court of chancery, pursuant to an order made upon an application ex parte, or a decretal order of the court. It is either for mainte­nance of an infant, appointment of a guard­ian, placing a ward of the court at the uni­versity or in the army, or apprentice to a trade; for the appointment of a receiver, the establishment of a charity, etc. Wharton.
Propositio indefinita seqnipollet nni-versali. An indefinite proposition is equiv­alent to a general one.
PROPOSITION. A single logical sen­tence; also an offer to do a thing. See Per­ry v. Dwelling House Ins. Co., 67 N. H. 291, 33 Atl. 731, 68 Am. St. Rep. 668; Hubbard v. Woodsum, 87 Me. 88, 32 Atl. 802.
PROPOSITUS. Lat The person pro­posed; the person from whom a descent Is traced.
PROPOUND. An executor or other per­son is said to propound a will or other testa­mentary paper when he takes proceedings for obtaining probate in solemn form. The term is also technically used, in England, to denote the allegations in the statement of claim, in an action for probate, by which the plaintiff alleges that the testator executed the will with proper formalities, and that he was of sound mind at the time. Sweet
PROPRES. In French law. The term "propres" or "biens propres" (as distin­guished from "acquets") denotes all proper­ty inherited by a person, whether by devise or a 6 intestato, from his direct or collateral relatives, whether in the ascending or de­scending line; that is, in terms of the com­mon law, property acquired by "descent" aa
distinguished from that acquired by "pur­chase."
PROPRIA PERSONA. See In Pbo-
PBIA PEBSONA.
PROPRIEDAD. In Spanish law. Prop­erty. White, New Recop. b. 1, tit. 7, c. 5, §2.
PROPRIETARY, n. A proprietor or owner; one who has the exclusive title to a thing; one who possesses or holds the title to a thing in his own right. The grantees of Pennsylvania and Maryland and their heirs were called the proprietaries of those provinces. Webster.
PROPRIETARY, adj. Relating or per­taining to ownership, belonging or pertain­ing to a single individual owner.
—Proprietary articles. Goods manufactured under some exclusive individual right to make and sell them. The term is chiefly used in the internal revenue laws of the United States. See Ferguson v. Arthur, 117 U. S. 482, 6 Sup. Ct. 861, 29 L. Ed. 979; In re Gourd (C. C.) 49 Fed. 729.—Proprietary chapel. See Chap­el.—Proprietary governments. This ex­pression is used by Blackstone to denote govern­ments granted out by the crown to individuals, in the nature of feudatory principalities, with inferior regalities and subordinate powers of legislation such as formerly belonged to the own­ers of counties palatine. 1 Bl. Comm. 108.— Proprietary rights. Those rights which an owner of property has by virtue of his owner­ship. When, proprietary rights are opposed to acquired rights, such as easements, franchises, etc., they are more often called "natural rights."' Sweet.
PROFRIETAS. Lat. In the civil and old English law. Property; that which is one's own; ownership.
Proprietas plena, full property, including not only the title, but the usufruct, or ex­clusive right to the use. Calvin.
Proprietas nuda, naked or mere property or ownership; the mere title, separate from the usufruct
Proprietas totins navis carinas cansam seqnitur. The property of the whole ship follows the condition of the keel. Dig. 6, 1, 61. If a man builds a vessel from the very keel with the materials of another, the vessel belongs to the owner of the materials. 2 Kent, Comm. 362.
Proprietas verbornm est sains pro-pietatnm. Jenk. Cent 16. Propriety of words is the salvation of property.
PROPRIETATE PROBANDA, DE. A
writ addressed to a sheriff to try by an in­quest in whom certain property, previous to distress, subsisted. Finch, Law, 316.
Proprietates verbornm servandse snnt.
The proprieties of words [proper meanings of words] are to be preserved or adhered to Jenk. Cent p. 136, case 78.

PROPRIETY
968
PROSECUTION

PROPRIETE. The French law term corresponding to our "property," or the right of enjoying and of disposing of things in the most absolute manner, subject only to the laws. Brown.
PROPRIETOR.' This term is almost synonymous with "owner," (q. v.,) as in the phrase "riparian proprietor." A person en­titled to a trade-mark or a design under the acts for the registration or patenting of trade-marks and designs (g. v.) is called "proprietor" of the trade-mark or design. Sweet. See Latham v. Roach, 72 111. 181; Yuengling v. Schile (C. C.) 12 Fed. 105; Hunt v. Curry, 37 Ark. 105; Werckmeister v. Springer Lithographing Co. (C. C.) 63 Fed. 811.
PROPRIETY. In Massachusetts colo­nial ordinance of 1741 is nearly, if not pre­cisely, equivalent to property. Com. v. Alger, 7 Cush.' (Mass.) 53, 70.
In old English law. Property. "Pro­priety in action; propriety in possession; mixed propriety." Hale, Anal. § 26.
PROPRIO VIGORE. Lat. By its own force; by its intrinsic meaning.
PROPRIOS. In Spanish and Mexican law. Productive lands, the usufruct of which had been set apart to the several mu­nicipalities for the purpose of defraying the charges of their respective governments. Sheldon v. Milmo, 90 Tex. 1, 36 S. W. 413; Hart v. Burnett, 15 Cal. 554.
PROPTER. For; on account of. The initial word of several Latin phrases.
—Propter affectum. For or on account ot some affection or prejudice. The name of a species of challenge, (q. v.)—Propter defec­tum. On account of or for some defect. The name of a species of challenge, (q. v.)—Propter defectum sanguinis. On account of failure of blood.—Propter delictum. For or on ac­count of crime. The name of a species of chal­lenge, (q. v.)—Propter honoris respectum. On account of respect of honor or rank. See Challenge.—Propter impotentiam. On account of helplessness. The term describes one of the grounds of a qualified property in wild animals, consisting in the fact of their inability to escape; as is the case with the young of such animals before they can fly or run. 2 Bl. Comm. 394.—Propter privilegium. On account of privilege. The term describes on« of the grounds of a qualified property in wild animals, consisting in the special privilege of hunting, taking and killing them, in a given park or preserve, to the exclusion of other per­sons. 2 Bl. Cbmm. 394.
PRORATE. To divide, share, or dis­tribute proportionally; to assess or appor­tion pro rata. Formed from the Latin phrase "pro rata," and said to be a recog­nized English word. Rosenberg v. Frank, 58 Cal. 405.
PROROGATED JURISDICTION. In
Scotch law. A power conferred by consent
of the parties upon a judge who would not otherwise be competent.
PROROGATION. Prolonging or putting off to another day. In English law, a pro­rogation is the continuance of the parlia­ment from one session to another, as an ad­journment is a continuation of the session from day to day. Wharton.
In the civil law. The giving time to do a thing beyond the term previously fixed Dig. 2, 14, 27, 1.
PROROGUE. To direct suspension ot proceedings of parliament; to terminate a session.
PROSCRIBED. In the civil law. Among the Romans, a man was said to be "proscribed" when a reward was offered for his head; but the term was more usually ap­plied to those who were sentenced to some punishment which carried with it the con­sequences of civil death. Cod. 9, 49.
PROSECUTE. To follow up; to carry on an action or other judicial proceeding; to proceed against a person criminally.
PROSECUTING ATTORNEY. The
name of the public officer (in several states) who is appointed in each judicial district, circuit, or county, to conduct criminal pros­ecutions on behalf of the state or people. See People v. May, 3 Mich. 605; Holder v. State, 58 Ark. 473, 25 S. W. 279.
PROSECUTING WITNESS. This name is given to the private person upon whose complaint or information a criminal accusa­tion is founded and whose testimony is main­ly relied on to secure a conviction at the trial; in a more particular sense, the person who was chiefly injured, in person or prop­erty, by the act constituting the alleged crime, (as in cases of robbery, assault, crim­inal negligence, bastardy, and the like,) and who instigates the prosecution and gives evi­dence.
PROSECUTION. In criminal law. A criminal action; a proceeding Instituted and carried on by due course of law, before a competent tribunal, for the purpose of de­termining the guilt or innocence of a per­son charged with crime. See U. S. v. Reis-inger, 128 U. S. 398, 9 Sup. Ct 99, 32 L. Ed. 480; Tennessee v. Davis, 100 U. S. 257, 25 L. Ed. 648; Schulte v. Keokuk County, 74 Iowa, 292, 37 N. W. 376; Sigsbee v. State, 43 Fla. 524, 30 South. 816.
By an easy extension of its meaning "pros­ecution" is sometimes used to designate the state as the party proceeding in a criminal action, or the prosecutor, or counsel; as when we speak of "the evidence adduced by the prosecution." —Malicious prosecution. See Malicious.

PROSECUTOR
959 PROTECTOR OP SETTLEMENT

PROSECUTOR. In practice. He who prosecutes another for a crime in the name of the government.
—Private prosecutor. One who sets in mo­tion the machinery of criminal justice against a person whom he suspects or believes to be guilty of a crime, by laying an accusation before the proper authorities, and who is not himself an offi­cer of justice. See Heacock v. State, 13 Tex. App. 129; State v. Millain, 3 Nev. 425.—Pros­ecutor of the pleas. This name is given, in New Jersey, to the county officer who is charged with the prosecution of criminal actions, cor­responding to the "district attorney" or "coun­ty attorney" in other states.—Public prosecu­tor. An officer of government (such as a state's attorney or district attorney) whose function is the prosecution of criminal actions, or suits par1 taking of the nature of criminal actions.
PROSECUTRIX. In criminal law. A female prosecutor.
PROSEQUI. Lat To follow up or pur­sue ; to sue or prosecute. See Noixb Prose­qui.
PROSEQUITUR. Lat He follows up or pursues; he prosecutes. See Non Peos.
PROSOCER. Lat In the civil law. A father-in-law's father; grandfather of wife.
PROSOCERUS. Lat In the civil law. A wife's grandmother.
PROSPECTIVE. Looking forward; con­templating the future. A law is said to be prospective (as opposed to retrospective) when it is applicable only to cases which shall arise after its enactment. —Prospective damages. See Damages.
PROSPECTUS. A document published by a company or corporation, 'or by persons acting as its agents or assignees, setting forth the nature and objects of an issue of shares, debentures, or other securities creat­ed by the company or corporation, and in­viting the public to subscribe to the issue. A prospectus is also usually published on the issue, in England, of bonds or other se­curities by a foreign state or corporation. Sweet
In the civil law. Prospect; the view of external objects. Dig. 8, 2, 3, 15.
PROSTITUTE. A woman who Indis­criminately consorts with men for hire. Car­penter v. People, 8 Barb. (N. Y.) 611; State v. Stoyell, 54 Me. 24, 89 Am. Dec. 716.
PROSTITUTION. Common lewdness; whoredom; the act or practice of a woman who permits any man who will pay her price to have sexual intercourse with her. See Com. v. Cook, 12 Mete. (Mass.) 97.
Protectio trahit subjectionem, et sub-jectio protectionem. Protection draws with it subjectipn, and subjection protection.
7 Coke, 5a. The protection of an individual by government is on condition of his submis­sion to the laws, and such submission on the other hand entitles the individual to the protection of the government Broom, Max. 78.
PROTECTION. In English law. A
writ by which the king might by a special prerogative, privilege a defendant from all personal and many real suits for one year at a time, and no longer, In respect of his be­ing engaged in his service out of the realm. 3 Bl. Comm. 289.
In former times the name "protection" was also given to a certificate given to a sailor to show that he was exempt from impressment into the royal navy.
In mercantile law. The name of a doc­ument generally given by notaries public to sailors and other persons going abroad, in which it is certified that the bearer therein named is a citizen of the United States.
In public commercial law. A system by which a government imposes customs duties upon commodities of foreign origin or manufacture when imported into the coun­try, with the purpose and effect of stimulat­ing and developing the home production of the same or equivalent articles, by discour­aging the importation of foreign goods, or by raising the price of foreign commodities to a point at which the home producers can successfully" compete with them.
PROTECTION OF INVENTIONS ACT.
The statute 33 & 34 Vict c. 27. By this act it is provided that the exhibition of new inventions shall not prejudice patent rights, and that the exhibition of designs shall not prejudice the right to registration of such designs.
PROTECTION ORDER. In English practice. An order for the protection of the wife's property, when the husband has will­fully deserted her, issuable by the divorce court under statutes on that subject.
PROTECTIONIBUS DE. The English statute 33 Edw. I. St 1, allowing a challenge to be entered against a protection, etc.
PROTECTIVE TARIFF. A law impos­ing duties on imports, with the purpose and the effect of discouraging the use of prod­ucts of foreign origin, and consequently of stimulating the home production of the same or equivalent articles. B, E. Thompson, in Enc. Brit.
PROTECTOR OF SETTLEMENT. In
English law. By the statute 3 & 4 Wnt IV. c. 74, § 32, power is given to any settlor to appoint any person or persons, not exceed­ing three, the "protector of the settlement" The object of such appointment is to prevent the tenant In tail from barring any subse-

PROTECTORATE
960
PROTESTATION

quent estate, the consent of the protector be­ing made necessary for that purpose.
PROTECTORATE. (1) The period dur­ing which Oliver Cromwell ruled in Eng­land. (2) Also the office of protector. (3) The relation of the English sovereign, till the year 1864, to the Ionian Islands. Whar­ton.
PROTEST. 1. A formal declaration made by a person interested or concerned in some act about to be done, or already per­formed, and in relation thereto, whereby he expresses his dissent or disapproval, or af­firms the act to be done against his will or convictions, the object being generally to save some right which would be lost to him if his implied assent could be made out, or to exonerate himself from some responsibil­ity which would attach to him unless he ex­pressly negatived his assent to or voluntary participation in the act.
2. A notarial act, being a formal state­
ment in writing made by a notary under his
seal of office, at the request of the holder of
a bill or note, in which such bill or note is
described, and it is declared that the same
was on a certain day presented for payment,
(or acceptance, as the case may be,) and that
such payment or acceptance was refused,
and stating the reasons, if any, given for
such refusal, whereupon the notary protests
against all parties to such instrument, and
declares that they will be held responsible
for all loss or damage arising from its dis­
honor. See Annville Nat. Bank v. Kettering,
106 Pa. 531, 51 Am. Rep. 536; Ayrault v.
Pacific Bank, 47 N. Y. 575, 7 Am. Rep. 489.
A formal notarial certificate attesting the dis­honor of a bill of exchange or promissory note. Benj. Chalm. Bills & N. art. 176.
A solemn declaration written by the notary, under a fair copy of the bill, stating that the payment or acceptance has been demanded and refused, the reason, if any, assigned, and that the bill is therefore protested. Dennistoun v. Stewart. 17 How. 607, 15 L. Ed. 228.
"Protest," in a technical sense, means only the formal declaration drawn up and signed by the notary; yet, as used by commercial men, the word includes all the steps necessary to charge an indorser. Townsend v. Lorain Bank, 2 Ohio St. 345.
3.A formal declaration made by a minor­ity (or by certain individuals) in a legisla­tive body that they dissent from some act or resolution of the body, usually adding the grounds of their dissent. The term, in this sense, seems to be particularly appropriate to such a proceeding in the English house of lords. See Auditor General v. Board of Sup'rs, 89 Mich. 552, 51 N. W. 483.
4.The name "protest" is also given to the formal statement, usually in writing, made by a person who is called upon by pub­lic authority to pay a sum of money, in which he declares that he does not concede the legality or justice of the claim or his duty to pay it, or that he disputes the
amount demanded; the object being to save his right to recover or reclaim the amount, which right would be lost by his acquies­cence. Thus, taxes may be paid under "pro­test" See Meyer v. Clark, 2 Daly (N. Y.) 509.
5."Protest" is also the name of a paper served on a collector of customs by an im­porter of merchandise, stating that he be­lieves the sum charged as duty to be excess­ive, and that, although he pays such sum for the purpose of getting his goods out of the custom-house, he reserves the right to bring an action against the collector to re­cover the excess.
6.In maritime law, a protest is a written statement by the master of a vessel, attest­ed by a proper judicial officer or a notary, to the effect that damage suffered by the ship on her voyage was caused by storms or other perils of the sea, without any negligence or misconduct on his own part. Marsh. Ins. 715. And see Cudworth v. South Carolina Ins. Co., 4 Rich. Law (S. C.) 416, 55 Am. Dec. 692.
—Notice of protest. A notice given by the holder of a bill or note to the drawer or indorser that the bill has been protested for refusal of payment or acceptance. Cook v. Litchfield, 10 N Y. Leg. Obs. 338; First Nat. Bank v. Hatch, 78 Mo. 23; Roberts v. State Bank, 9 Port. (Ala.) 315.—Supra protest. In mer­cantile law. A term applied to an acceptance of a bill by a third person, after protest for nonacceptance by the drawee. 3 Kent, Comm. 87.—Waiver of protest. As applied to a note or bill, a waiver of protest implies not only dis­pensing with the formal act known as "pro­test," but also with that which ordinarily must precede it, viz., demand and notice of non-pay­ment. See Baker v. Scott, 29 Kan. 136, 44 Am. Rep. 628; First Nat. Bank v. Hartman, 110 Pa. 196, 2 Atl. 271; Coddington v. Davis, 1 N. Y. 186.
PROTESTANDO. L. Lat Protesting. The emphatic word formerly used in plead­ing by way of protestation. 3 Bl. Comm. 311. See Protestation.
PROTESTANTS. Those who adhered to the doctrine of Luther; so called because, in 1529, they protested against a decree of the emperor Charles V. and of the diet of Spires, and declared that they appealed to a general council. The name is now applied indiscrim­inately to all the sects, of whatever de­nomination, who have seceded from the Church of Rome. Enc. Lond. See Hale v. Everett, 53 N. H. 9, 16 Am. Rep. 82; Appeal of Tappan, 52 Conn. 413.
PROTESTATION. In pleading. The
indirect affirmation or denial of the truth of some matter which cannot with propriety or safety be positively affirmed, denied, or en­tirely passed over. See 3 Bl. Comm. 311.
The exclusion of a conclusion. Co. Litt 124.
In practice. An asseveration made by taking God to witness. A protestation is a

PROTHONOTARY
961
PROVISION

form of asseveration which approaches very nearly to an oath. Wolff. Inst Nat § 375.
PROTHONOTARY. The title given to an officer who officiates as principal clerk of some courts. Vin. Abr. See Trebilcox v. McAlpine, 46 Hun (N. Y.) 469; Whitney v. Hopkins, 135 Pa. 246, 19 Atl. 1075.
PROTOCOL. The first draft or rough minutes of an instrument or transaction; the original copy of a dispatch, treaty, or other document. Brande.
A document serving as the preliminary to, or opening of, any diplomatic transaction.
In old Scotch, practice. A book, marked by the clerk-register, and delivered to a no­tary on his admission, in which he was di­rected to insert all the instruments he had occasion to execute; to be preserved as a record. Bell.
In France, the minutes of notarial acts were formerely transcribed on registers, which were called "protocols." Toullier, Droit Civil Fr. liv. 3, t 3, c. 6, s. 1, no. 413.
PROTOCOLO. In Spanish law. The original draft or writing of an instrument which remains in the possession of the es-oribano, or notary. White, New Recop. lib. 8, tit 7, c. 5, § 2.
The term "protocolo," when applied to a single paper, means the first draft of an In­strument duly executed before a notary,— the matrix,—because it is the source from which must be taken copies to be delivered to Interested parties as their evidence of right; and it also means a bound book in which the notary places and keeps in their order instruments executed before him, from which copies are taken for the use of par­ties interested. Downing v. Diaz, 80 Tex. 436, 16 S. W. 53.
PROTUTOR. Lat In the civil law. He who, not being the tutor of a minor, has administered his property or affairs as If he had been, whether he thought himself legal­ly invested with the authority of a tutor or not Mackeld. Rom. Law, § 630.
PROUT PATET PER RECORDUM. As
appears by the record. In the Latin phrase­ology of pleading, this was the proper for­mula for making reference to a record.
PROVABLE. L. Fr. Provable; justi­fiable ; manifest Kelham.
PROVE. To establish a fact or hypoth­esis as true by satisfactory and sufficient evidence.
To present a claim or demand against a bankrupt or insolvent estate, and establish by evidence or affidavit that the same is cor­rect and due, for the purpose of receiving a dividend on it Tibbetts v. Trafton, 80 Me. 264, 14 Atl. 71; In re California Pac. R. Co., Bl.Law Dict.(2d Ed.)—61
4 Fed. Cas. 1060; In re Bigelow, 3 Fed. Cas. 343.
To establish the genuineness and due ex ecution of a paper, propounded to the proper court or officer, as the last will and testa­ment of a deceased person. See Pbobate.
PROVER. In old English law. A per­son who; on being indicted of treason or fel­ony, and arraigned for the same, confessed the fact before plea pleaded, and appealed or accused others, his accomplices, in the same crime, in order to obtain his pardon. 4 Bl. Comm. 329, 330.
PROVIDED. The word used in Introduc­ing a proviso (which see.) Ordinarily it sig­nifies or expresses a condition; but this is not invariable, for, according to the context, it may import a covenant, or a limitation or qualification, or a restraint, modification, or exception to something which precedes. See Stanley v. Colt, 5 Wall. 166, 18 L. Ed. 502; Stoel v. Flanders, 68 Wis. 256, 32 N. W. 114; Robertson v. Caw, 3 Barb. (N. Y.) 418; Paschall v. Passmore, 15 Pa. 308; Carroll v. State, 58 Ala. 396; Colt v. Hubbard, 33 Conn. 281; Woodruff v. Woodruff, 44 N. J. Eq. 349, 16 Atl. 4, 1 L. R. A. 380.
PROVINCE. Sometimes this signifies the district into which a country has been divid ed; as, the province of Canterbury, in Eng­land ; the province of Languedoc, in France. Sometimes it means a dependency or colony, as, the province of New Brunswick. It is sometimes used figuratively to signify pow­er or authority; as, it is the province of the court to judge of the law; that of the jury to 'decide on the facts. 1 Bl. Comm. Ill; Tomlins.
PROVINCIAL CONSTITUTIONS. The
decrees of provincial synods held under di­vers archbishops of Canterbury, from Steph­en Langton, in the reign of Henry III., to Henry Chichele, in the reign of Henry V., and adopted also by the province of York in the reign of Henry VI. Wharton.
PROVINCIAL COURTS. In English law. The several archi-episcopal courts In the two ecclesiastical provinces of England.
PROVINCIALE. A work on ecclesias­tical law, by William Lyndwode, official prin­cipal to Archbishop Chichele in the reign of Edward IV. 4 Reeve, Eng. Law, c. 25, p. 117.
PROVTNCIALIS. Lat In the civil law. One who has his domicile In a province. Dig. 50, 16, 190.
PROVING OF THE TENOR. In Scotch practice. An action for proving the tenor of a lost deed. Bell.
PROVISION. In commercial law.
Funds remitted by the drawer of a bill of

PROVISION
962
PROVOCATION

exchange to the drawee in order to meet the bill, or property remaining in the drawee's hands or due from him to the drawer, and appropriated to that purpose.
In ecclesiastical law. A provision was a nomination by the pope to an English ben­efice before it became void, though the term was afterwards indiscriminately applied to any right of patronage exerted br usurped by the pope.
In French law. Provision is an allow­ance or alimony granted by a judge to one of the parties in a cause for his or her main­tenance until a definite judgment is render­ed. Dalloz.
In English history. A name given to certain statutes or acts of parliament, par­ticularly those intended to curb the arbi­trary or usurped power of the sovereign, and also to certain other ordinances or dec­larations having the force of law. See infra.
—Provisions of Merton. Another name for the statute of Merton. See Merton, Statute OF.—Provisions of Oxford. Certain provi­sions made in the Parliament of Oxford, 1258, for the purpose of securing the execution of the provisions of Magna Charta, against the inva­sions thereof by Henry III. The government of the country was in effect committed by these provisions to a standing committee of twenty-four, whose chief merit consisted in their repre­sentative character, and their real desire to effect an improvement in the king's government. Brown.—Provisions of Westminster. A name given to certain ordinances or declara­tions promulgated by the barons in A. D. 1259, for the reform of various abuses.
PROVISIONAL. Temporary; prelimi­nary; tentative; taken or done by way of precaution or ad interim.
—Provisional assignees. In the former prac­tice in bankruptcy in England. Assignees to whom the property of a bankrupt was assigned until the regular or permanent assignees were appointed by the creditors.—Provisional com­mittee. A committee appointed for a tempo­rary occasion.—Provisional government. One temporarily established in anticipation of and to exist and continue until another (more regular or more permanent) shall be organized and instituted in its stead. Chambers v. Fisk, 22 Tex. 535.—Provisional order. In Eng­lish law. Under various acts of parliament, certain public bodies and departments of the government are authorized to inquire into mat­ters which, in the ordinary course, could only be dealt with by a private act of parliament, and to make orders for their regulation. These orders have no effect unless they are confirmed by an act of parliament, and are hence called "provisional orders." Several orders may be confirmed by one act The object of this mode of proceeding is to save the trouble and expense of promoting a number of private bills. Sweet. —Provisional remedy. A remedy provided for present need or for the immediate occasion; one adapted to meet a particular exigency. Par­ticularly, a temporary process available to a plaintiff in a civil action, which secures him against loss, irreparable injury, dissipation of the property, etc., while the action is pending. Such are the remedies by injunction, appoint­ment of a receiver, attachment, or arrest. The term is chiefly used in the codes of practice. See McCarthy v. McCarthy, 54 How. Prac. (N. Y.) 100; Witter v. Lyon, 34 Wis. 574; Snavely v. Abbott Buggy Co., 36 Kan. 106, 12 Pac 522.
—Provisional seizure. A remedy known un­der the law of Louisiana, and substantially the same in general nature as attachment of proper­ty in other states. Code Proc. La. 284, et seq.
PROVISIONES. Lat In English his­tory. Those acts of parliament which were passed to curb the arbitrary power of the crown. See Provision.
PROVISIONS. Food; victuals; articles of food for human consumption. See Bot-elor v. Washington, 3 Fed. Cas. 962; In re Lentz (D. C.) 97 Fed. 487; Nash v. Farring-ton, 4 Allen (Mass.) 157; State v. Angelo, 71 N. H. 224, 51 Atl. 905.
PROVISO. A condition or provision which is inserted in a deed, lease, mortgage, or contract, and on the performance or non­performance of which the validity of the deed, etc., frequently depends; it usually be­gins with the word "provided."
A proviso in deeds or laws is a limitation or exception to a grant made or authority con­ferred, the effect of which is to declare that the one shall not operate, or the other be exercised, unless in the case provided. Voorhees v. Bank of United States, 10 Pet. 449, 9 L. Ed. 490.
The word "proviso" is generally taken for a condition, but it differs from it in several re­spects ; for a condition is usually created by the grantor or lessor, but a proviso by the gran­tee or lessee. Jacob.
A proviso differs from an exception. 1 Barn. & Aid. 99. An exception exempts, absolutely, from the operation of an engagement or an en­actment ; a proviso defeats their operation, con­ditionally. An exception takes out of an en­gagement or enactment something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Am. Jur. 242.
A clause or part of a clause in a statute, the office of which is either to except some­thing from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of Its extent Minis v. U. S., 15 Pet. 445, 10 L. Ed. 791; In re Matthews (D. C.) 109 Fed. 614; Carroll v. State, 58 Ala. 396; Waffle v. Goble, 53 Barb. (N. Y.) 522.
Proviso est providere prsesentia et fn-tnra, non preeterita. Coke, 72. A pro­viso is to provide for the present or future, not the past.
PROVISO, TRIAL BY. In English practice. A trial brought on by the defend­ant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so call­ed from a clause in the writ to the sheriff, which directs him, in case two writs come to his hands, to execute but one of them. 3 Bl. Comm. 357.
PROVTSOR. In old English law. A pro­vider, or purveyor. Spelman. Also a person nominated to be the next incumbent of a benefice (not yet vacant) by the pope.
PROVOCATION. The act of inciting an­other to do a particular deed. Such conduct

PROVOST
963
PTOMAINES

or actions on the part of one person towards another as tend to arouse rage, resentment, or fury in the latter against the former, and thereby cause him to do some illegal act
against or in relation to the person offering
the provocation. See State v. Byrd, 52 S.
C. 480, 30 S. E. 482; Ruble v. People, 67 I1L
App. 438.
PROVOST. The principal magistrate of a royal burgh in Scotland; also a governing officer of a university or college.
PROVOST-MARSHAL. In English law. An officer of the royal navy who had the charge of prisoners taken at sea, and some­times also on land. In military law, the of­ficer acting as the head of the military police of any post, camp, city or other place in military occupation, or district under the reign of martial law.
PROXENETA. Lat In the civil law. A broker; one who negotiated or arranged the terms of a contract between two parties, as between buyer and seller; one who negotiat­ed a marriage; a match-maker. Calvin.
PROXIMATE. Immediate; nearest; next in order.
—Proximate cause. The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a su­perior or controlling agency are not the proxi­mate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charg­ed with the disaster. See Blythe v. Railway Co., 15 Colo. 333, 25 Pac. 702, 11 L. R. A. 615, 22 Am. St. Rep. 403; Pielke v. Railroad Co., 5 Dak. 444, 41 N. W. 669; Railroad Co. v. Kelly, 91 Tenn. 699, 20 S. W. 312, 17 L. R. A. 691, 30 Am. St. Rep. 902; Gunter v. Granite-ville Mfg. Co., 15 S. C. 443; Bosqui v. Rail­road Co., 131 Cal. 390, 63 Pac. 682; Mtna Ins. Co. v. Boon, 95 U. S. 117, 24 L. Ed. 395; Wills v. Railway Co., 108 Wis. 255, 84 N. W. 998; Davis v. Standish, 26 Hun (N. Y.) 615. See, also, Immediate (Cause.)—Proximate dam­ages. See Damages.
PROXIMITY. Kindred between two per­sons. Dig. 38, 16, 8.
Proximus est cui nemo antecedit, su-prenrus est quern nemo sequitur. He is next whom no one precedes; he is last whom no one follows. Dig. 50, 16, 92.
PROXY. A person who is substituted or deputed by another to represent him and act for him, particularly in some meeting or pub­lic body. Also the instrument containing the appointment of such person. The word is said to be contracted from "procuracy," (q. v.)
One who is appointed or deputed by anoth­er to vote for him. Members of the house of lords in England have the privilege of voting by proxy. 1 BL Comm. 168.
In ecclesiastical law. A person who Is appointed to manage another man's affairs In the ecclesiastical courts; a proctor.
Also an annual payment made by the pa­rochial clergy to the bishop, on visitations. Tomlins.
PRUDENCE. Carefulness, precaution, attentiveness, and good judgment, as applied to action or conduct. That degree ot care required by the exigencies or circumstances under which it is to be exercised. Cronk v. Railway Co., 3 S. D. 93, 52 N. W. 420. This term, in the language of the law, is commonly associated with "care" and "diligence" and contrasted with "negligence." See those ti­tles.
Prudenter agit qui praecepto legis ob-temperat. 5 Coke, 49. He acts prudently who obeys the command of the law.
PRYK. A kind of service of tenure. Blount says it signifies an old-fashioned spur with one point only, which the tenant, hold­ing land by this tenure, was to find for the king. Wharton.
PSEUDOCYESIS. In medical jurispru­dence. A frequent manifestation of hysteria in women, in which the abdomen is inflated, simulating pregnancy; the patient aiding in the deception.
PSYCHO-DIAGNOSIS. In medical ju­risprudence. A method of investigating the origin and cause of any given disease or mor­bid condition by examination of the mental condition of the patient, the application of various psychological tests, and an inquiry into the past history of the patient, with a view to its bearing on his present psychic state.
PSYCHOLOGICAL FACT. In the law
of evidence. A fact which can only be per­ceived mentally; such as the motive by which a person is actuated. BurrilL Circ Ev. 130, 131.
PSYCHOTHERAPY. A method or sys­tem of alleviating or curing certain forms of disease, particularly diseases of the nervous system or such as are traceable to nervous disorders, by suggestion, persuasion, encour­agement, the inspiration of hope or confi­dence, the discouragement of morbid mem­ories, associations, or beliefs, and other sim­ilar means addressed to the mental state of the patient, without (or sometimes in con­junction with) the administration of drugs or other physical remedies.
PTOMAINES. In medical jurisprudence. Alkaloidal products of the decomposition or putrefaction of albuminous substances, as, in animal and vegetable tissues. These are sometimes poisonous, but not invariably. Ex­amples of poisonous ptomaines are those oc-

PUBERTY S
curring in putrefying fish and the tyrotoxi-cons of decomposing milk and milk products.
PUBERTY. The age of fourteen in males and twelve in females, when they are held fit for, and capable of contracting, marriage. Otherwise called the "age of consent to mar­riage." 1 Bl. Oomm. 436; 2 Kent, Comm. 78. See State v. Pierson, 44 Ark. 265.
PUBLIC. Pertaining to a state, nation, or whole community; proceeding from, re­lating to, or atrecting the whole body of peo­ple or an entire community. Open to all; notorious. Common to all or many; gen­eral ; open to common use. Morgan v. Gree, 46 Vt. 786, 14 Am. Rep. 640; Crane v. Wa­ters (C. C.) 10 Fed. 621; Austin v. Soule, 36 Vt. 650; Appeal of Eliot, 74 Conn. 586, 51 Atl. 558; O'Hara v. Miller, 1 Kulp (Pa.) 295.
A distinction has bee^n made between the terms "public" and "general." They are some­times used as synonymous. The former term is applied strictly to that which concerns all the, citizens and every member of the state; while the latter includes a lesser, though still a large, portion of the community. 1 Greenl. Ev. § 128.
As a noun, the word "public" denotes the whole body politic, or the aggregate of the citizens of a state, district, or municipality. Knight v. Thomas, 93 Me. 494, 45 Atl. 499; State v. Luce, 9 Houst (Del.) 396, 32 Atl. 1076; Wyatt v. Irrigation Co., 1 Colo. App. 480, 29 Pac. 906.
—Public appointments. Public offices or stations which are to be filled by the appoint­ment of individuals, under authority of law, in­stead of by election.—Public building. One of ^hich the possession and use, as well as the property in it, are in the public Pancoast v. Troth, 34 N. J. Law, 383.—Public law. That branch or department of law which is concerned with the state in its political or sovereign capac­ity, including constitutional and administrative law, and with the definition, regulation, and en­forcement of rights in cases where the state is regarded as the subject of the right or object of the duty,—including criminal law and crim­inal procedure,—and the law of the state, con­sidered in its quasi private personality, i. e., as capable of holding or exercising rights, or ac­quiring and dealing with property, in the char­acter of an individual. See Holl. Jur. 106, 300. That portion of law which is concerned with political conditions; that is to say, with the powers, rights, duties, capacities, and incapaci­ties which are peculiar to political superiors, supreme and subordinate. Aust. Jur. "Public law," in one sense, is a designation given to "in­ternational law," as distinguished from the laws of a particular nation or state. In another ' sense, a law or statute that applies to the peo­ple generally of the nation or state adopting or enacting it, is denominated a public law, as con­tradistinguished from a private law, affecting only an individual or a small number of per­sons. Morgan v. Cree, 46 Vt. 773, 14 Am. Rep. 640.—Public offense. A public offense is an act or omission forbidden by law, and punisha­ble as by law provided. Code Ala. 1886, § 3699. Ford v. State, 7 Ind. App. 567, 35 N. E. 34; State v. Cantieny, 34 Minn. 1, 24 N. W. 458. —Public passage. A right, subsisting in the public, to pass over a body of water, whether the land under it be public or owned by a pri­vate person.—Public place. A place to which the general public has a right to resort; not
i PUBLICATION
necessarily a place devoted solely to the uses of the public, but a place which is in point of fact public rather than private, a place visited by many persons and usually accessible to the public. See State v. Welch, 88 Ind. 310; Gom-precht v. State, 36 Tex. Cr. R. 434, 37 S. W. 734; Russell v. Dyer, 40 N. H. 187; Roach v. Eugene, 23 Or. 376, 31 Pac. 825; Taylor v. State, 22 Ala. 15.—Publio purpose. In the law of taxation, eminent domain, etc., this is a term of classification to distinguish the objects for which, according to settled usage, the gov­ernment is to provide, from those which, by the like usage, are left to private interest, inclina­tion, or liberality. People v. Salem Tp. Board, 20 Mich. 485, 4 Am. Rep. 400. See Black, Const. Law (3d Ed.) p. 454, et seq.—Publio service. A term applied in modern usage to the objects and enterprises of certain kinds of corporations, which specially serve the needs of the general public or conduce to the comfort and convenience of an entire community, such as railroads, gas, water, and electric light com­panies.—Public, true, and notorious. The old form by which charges in the allegations in the ecclesiastical courts were described at the end of each particular.—Public use, in consti­tutional provisions restricting the exercise of the right to take private property in virtue of em­inent domain, means a use concerning the whole community as distinguished from particular in­dividuals. But each and every member of so­ciety need not be equally interested in such use. or be personally and directly affected by it; it the object is to satisfy a great public want or exigency, that is sufficient. Gilmer v. Lime Point, 18 Cal. 229; Budd v. New York, 143 U. S. 517, 12 Sup. Ct 468, 36 L. Ed. 247.—Publio ?ways. Highways, (q. v.)—Public welfare. The prosperity, well-being, or convenience of the public at large, or of a whole community, as distinguished from the advantage of an individ­ual or limited class. See Shaver v. Starrett, 4 Ohio St. 499.
As to public "Accounts," "Act," "Adminis­trator," "Agent," "Attorney," "Auction," "Blockade," "Boundary," "Bridge," "Carrier," "Chapel," "Charity," "Company," "Corpora­tion," "Debt," "Document," "Domain," "Ease­ment," "Enemy," "Ferry," "Funds," "Grant," "Health," "Holiday," "House," "Indecency," "Lands," "Market," "Minister," "Money," "Notice," "Nuisance," "Onicer," "Peace," "Policy," "Pond," "Printing," "Property," "Prosecutor," "Record," "Revenue," "River," "Road," "Sale," "School," "Seal," "Stock," "Store," "Tax," "Trial," "Verdict," "Vessel," "War," "Works," "Worship," and "Wrongs," see those titles.
PUBLICAN. In the civil law. A farm­er of the public revenue; one who held a lease of some property from the public treasury. Dig. 39, 4, 1, 1; Id. 39, 4, 12, 3; Id. 39, 4, 13.
In English law. Persons authorized by license to keep a public house, and retail therein, for consumption on or off the prem­ises where sold, ail intoxicating liquors; also termed "licensed victuallers." Wharton.
PUBLICANUS. Lat In Roman law. A farmer of the customs; a publican. Calvin.
PUBLICATION. 1. The act of publish­ing anything or making it public; offering it

PUBLICATION
965
PUFFER

to public notice, or rendering it accessible to public scrutiny.
2.As descriptive of the publishing of laws and ordinances, "publication" means printing or otherwise reproducing copies of them and distributing them in such a manner as to make their contents easily accessible to the public; it forms no part of the enactment of the law. "Promulgation," on the other hand, seems to denote the proclamation or an­nouncement of the edict or statute as a pre­liminary to its acquiring the force and op­eration of law. But the two terms are often used interchangeably. Chicago v. McCoy, 136 111. 344, 26 N. E. 363, 11 L. R. A. 413; Sholes v. State, 2 Pin. (Wis.) 499.
3.The formal declaration made by a testa­tor at the time of signing his will that it is his last will and testament. 4 Kent, Coram. 515, and note. In re Simpson, 56 How. Prac. (N. Y.) 134; Compton v. Mitton, 12 N. J. Law, 70; Lewis v. Lewis, 13 Barb. (N. Y.) 2a
4.In the law of libel, publication denotes the act of making the defamatory matter known publicly, of disseminating it, or com­municating it to one or more persons. Wil­cox v. Moon, 63 Vt 481, 22 Atl. 80; Sproul v. Pillsbury, 72 Me. 20; Gambrill v. Schooley, 93 Md. 48, 48 Atl. 730, 52 L. R. A. 87, 86 Am. St Rep. 414.
5.In the practice of the states adopting the reformed procedure, and in some others, publication of a summons is the process of giving it currency as an advertisement in a newspaper, under the conditions prescribed by law, as a means of giving notice of the suit to a defendant upon whom personal service cannot be made.
6.In equity practice. The making pub­lic the depositions taken in a suit, which have previously been kept private in the office of the examiner. Publication is said to pass when the depositions are so made public, or openly shown, and copies of them given out, in order to the hearing of the cause. 3 BL Comm. 450.
7.In copyright law. The act of making public a book, writing, chart, map, etc.; that is, offering or communicating it to the public by the sale or distribution of copies. Keene v. Wheatley, 14 Fed. Cas. 180; Jewelers' Mer­cantile Agency v. Jewelers' Weekly Pub. Co., 155 N. Y. 241, 49 N. E. 872, 41 L. R. A. 846, 63 Am. St. Rep. 666.
PUBLICI JURIS. Lat Of public right This term, as applied to a thing or right, means that it is open to or exercisable by all persons.
When a thing is common property, so that any one can make use of it who likes, it is said to be "publici juris;" as in the case of light air, and public water. Sweet
Or it designates things which are owned by "the public;" that is, the entire state or community, and not by any private person.
PUBLICIANA. In the civil law. The name of an action introduced by the praetor Publicius, the object of which was to recover a thing which had been lost. Its effects were similar to those of our action of trover. Mackeld. Rom. Law, § 298. See Inst 4, 6, 4; Dig. 6, 2, 1, 16.
PUBLICIST. One versed in, or writing upon, public law, the science and principles of government, or international law.
PUBLICUM JUS. Lat. In the civil law. Public law; that law which regards the state of the commonwealth. Inst. 1, 1, 4.
PUBLISHER. One whose business is the manufacture, promulgation, and sale of "books, pamphlets, magazines, newspapers, or other literary productions.
PUDICITY. Chastity; purity; conti­nence.
PUDZELD. In old English law. Suppos­ed to be a corruption of the Saxon "wud-geld," (woodgeld,) a freedom from payment of money for taking wood in any forest. Co. Litt. 233a.
PUEBLO. In Spanish law. People; all the inhabitants of any country or place, with­out distinction. A town, township, or mu­nicipality. White, New Recop. b. 2, tit 1, c. 6, 5 4.
This term "pueblo," in its original significa­tion, means "people" or "population," but is used in the sense of the English word "town." It has the indefiniteness of that term, and, like it, is sometimes applied to a mere collection of individuals residing at a particular place, a settlement or village, as well as to a regularly organized municipality. Trenouth v. San Fran­cisco, 100 U. S. 251, 25 L. Ed. 626.
PUER. Lat In the civil law. A child; one of the age from seven to fourteen, in­cluding, in this sense, a girl. But it also meant a "boy," as distinguished from a "girl;" or a servant.
Pueri sunt de sanguine parentnm, sed pater et mater non sunt de sanguine puerorum. 3 Coke, 40. Children are of the blood of their parents, but the father and mother are not of the blood of the children.
PUERILITY. In the civil law. A con­dition intermediate between infancy and pu­berty, continuing in boys from the seventh.to the fourteenth year of their age, and in girls from seven to twelve.
PUERITIA. Lat. In the civil law. Childhood; the age from seven to fourteen. 4 Bl. Comm. 22.
PUFFER. A person employed by the own­er of property which is sold at auction to attend the sale and run up the price by mak­ing spurious bids. See Peck v. List 23 W.

PUIS
966 PUPILLUS PATI POSSE

Va. 375, 48 Am. Rep. 398; McMillan v. Har­ris, 110 Ga. 72, 35 S. E. 334, 48 L. R A. 345, 78 Am. St Rep. 93.
PUIS. In law French. Afterwards; since.
—Puis darrein continuance. Since the last continuance. The name of a plea which a de­fendant is allowed to put in, after having al­ready pleaded, where some new matter of de­fense arises after issue joined; such as pay­ment, a release by the plaintiff, the discharge of the defendant under an insolvent or bankrupt law, and the like. 3 Bl. Comm. 316; 2 Tidd, Pr. 847: Chattanooga v. Neely, 97 Tenn. 527, 37 S. W. 281; Waterbury v. McMillan, 46 Miss. 640; Woods v. White, 97 Pa. 227.
PUISNE. L. Fr. Younger; subordinate; associate.
The title by which the justices and barons of the several common-law courts at West­minster are distinguished from the chief jus­tice and chief baron.
PUISSANCE PATERNELLE. Fr. Pa­ternal power. In the French law, the male parent has the following rights over the per­son of his child: (1) If child is under six­teen years of age, he may procure him to be imprisoned for one month or under. (2) If child is over sixteen and under twenty-one he may procure an imprisonment for six months or under, with power in each case to procure a second period of imprison­ment. The female parent, being a widow, may, with the approval of the two nearest relations on the father's side, do the like. The parent enjoys also the following rights over the property of his child, viz., a right to take the income until the child attains the age of eighteen years, subject to main­taining the child and educating him in a suitable manner. Brown.
PULSARE. Lat. In the civil law. To beat; to accuse or charge; to proceed against at law. Calvin.
PULSATOR. The plaintiff, or actor.
PUNCTUATION. The division of a writ­ten or printed document into sentences by means of periods; and of sentences into smaller divisions by means of commas, semi­colons, colons, etc.
PUNCTUM TEMPORIS. Lat A point of time; an indivisible period of time; the shortest space of time; an instant. Calvin.
PUNCTURED WOUND. In medical ju­risprudence. A wound made by the inser­tion into the body of any instrument having a sharp point. The term is practically syn­onymous with "stab."
PUNDBRECH. In old English law. Pound-breach; the offense of breaking a pound. The illegal taking of cattle out of a pound by any means whatsoever. CowelL
PUNDIT. An interpreter of the Hindu law; a learned Brahmin.
PUNISHABLE. Liable to punishment whether absolutely or in the exercise of a ju­dicial discretion.
PUNISHMENT. In criminal law. Any pain, penalty, suffering, or confinement in­flicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoin­ed by law. See Cummings v. Missouri, 4 Wall. 320, 18 L. Ed. 356; Featherstone v. People, 194 111. 325, 62 N. E. 684; Ex parte Howe, 26 Or. 181, 37 Pac. 536; State v. Grant 79 Mo. 129, 49 Am. Rep. 218.
—Cruel and unusual punishment. Such punishment as would amount to torture or bar­barity, and any cruel and degrading punishment not known to the common law, and also any punishment so disproportionate to the offense as to shock the moral sense of the community. In re Bayard, 25 Hun (N. Y.) 546; State v. Driv­er, 78 N. C. 423; In re Kemmler, 136 U. S. 436, 10 Sup. Ct. 930, 34 L. Ed. 519; Wilker-son v. Utah, 99 U. S. 130, 25 L. Ed. 345; State v. Williams, 77 Mo. 310; McDonald v. Com., 173 Mass. 322, 53 N. E. 874, 73 Am. St Rep. 293; People v. Morris, 80 Mich. 638, 45 N. W. 591, 8 L. R, A. 685.
PUNITIVE. Relating to punishment; having the character of punishment or pen­alty ; inflicting punishment or a penalty.
—Punitive damages. See Damages.—Puni­tive power. The power and authority of a state, or organized jural society, to inflict pun­ishments upon those persons who have commit­ted actions inherently evil and injurious to the public, or actions declared by the laws of that state to be sanctioned with punishments.
PUPIL. In the civil law. One who is in his or her minority. Particularly, one who is in ward or guardianship.
PUPILLARIS SUBSTITUTIO. Lat
In the civil law. Pupillar substitution; the substitution of an heir to a pupil or infant under puberty. The substitution by a father of an heir to his children under his power, disposing of his own estate and theirs, in case the child refused to accept the inherit­ance, or died before the age of puberty. Hal-lifax, Civil Law, b. 2, c. 6, no. 64.
PUPHXARITY. In Scotch law. That period of minority from the birth to the age of fourteen in males, and twelve in females. Bell.
PUPIIXUS. Lat. In the civil law. A ward or infant under the age of puberty; a person under the authority of a tutor, (q. v.)
Pupillus pati posse non intelligitur.
A pupil or infant is not supposed to be able to suffer, i. e., to do an act to his own prej­udice. Dig. 50, 17, 110, 2.

PUR
967
PURPART

PUB. L. Fr. By or for. Used both as a separable particle, and in the composition of such words as "purparty," "purlieu."
—Pur autre vie. For (or during) the life of another. An estate pter autre vie is an estate which endures only for the life of some partic­ular person other than the grantee.—Pur cause de vicinage. By reason of neighborhood. See Common.—Pur tant que. Forasmuch as; be­cause; to the intent that. Kelham.
PURCHASE. The word "purchase" is used in law in contradistinction to "descent," and means any other mode of acquiring real property than by the common course of in­heritance. But it is also much used in its more restricted vernacular sense, (that of buying for a sum of money,) especially in modern law literature; and this is univer­sally its application to the case of chattels. See Stamm v. Bostwick, 122 N. Y. 48, 25 N. E. 233, 9 L. R, A 597; Hall v. Hall, 81 N. Y. 134; Berger v. United States Steel Corp, 63 N. J. Eq. 809, 53 Atl. 68; Falley v. Gribling, 128 Ind. 110, 26 N. E. 794; Cham­bers v. St Louis, 29 Mo. 574.
—Purchase money. The consideration in money paid or agreed to be paid by the buyer to the seller of property, particularly of land. Purchase money means money stipulated to be paid by a purchaser to his vendor, and does not include money the purchaser may have borrow­ed to complete his purchase. Purchase money, as between vendor and vendee only, is contem­plated ; as between purchaser and lender, the money is "borrowed money." Heuisler v. Nick-um, 38 Md. 270. But see Houlehan v. Rassler, 73 Wis. 557, 41 N. W. 720.—Purchase-money mortgage. See Mortgage.—Quasi pur­chase. In the civil law. A purchase of prop­erty not founded on the actual agreement of the parties, but on conduct of the owner which is inconsistent with any other hypothesis than that he intended a sale.—Words of purchase. Words .of purchase are words which denote the person who is to take the estate. Thus, if I grant land to A. for twenty-one years, and aft­er the determination of that term to A.'s heirs, the word "heirs" does not denote the duration of A.'s estate, but the person who is to take the remainder on the expiration of the term, and is therefore called a "word of purchase." Wil­liams, Real Prop.; Fearne, Rem. 76, et teq.
PURCHASER. One who acquires real property in any other mode than by descent. One who acquires either real or personal property by buying it for a price in money; a buyer; vendee.
In the construction of registry acts, the term "purchaser" is usually taken in its technical legal sense. It means a complete purchaser, or, in other words, one clothed with the legal title. Steele v. Spencer, 1 Pet. 552, 559, 7 L. Ed. 259.
—Bona fide purchaser. See Bona Fide.— First purchaser. In the law of descent, this term signifies the ancestor who first acquired (in any other manner than by inheritance) the es­tate which still remains in his family or de­scendants.—Innocent purchaser. See In­nocent.—Purchaser of a note or bill. The person who buys a promissory note or bill of exchange from the holder without his indorse­ment.
Purchaser without notice is not oblig­ed to discover to his own hurt. See 4 Bout. Inst note 4336.
PURE. Absolute; complete; simple; un­mixed ; unqualified; free from conditions or restrictions; as in the phrases pure charity, pure debt, pure obligation, pure plea, pure villenage, as to which see the nouns.
PURGATION. The act of cleansing or exonerating one's self of a crime, accusation, or suspicion of guilt, by denying the charge on oath or by ordeal.
Canonical purgation was made by the par­ty's taking his own oath that he was inno­cent of the charge, which was supported by the oath of twelve compurgators, who swore they believed he spoke the truth. To this succeeded the mode of purgation by the sin­gle oath of the party himself, called the "oath ex officio," of which the modern defendant's oath in chancery is a modification. 3 BL Comm. 447; 4 Bl. Comm. 368.
Vulgar purgation consisted in ordeals or trials by hot and* cold water, by fire, by hot irons, by battel, by corsned, etc
PURGE. To cleanse; to clear; to clear or exonerate from some charge or imputation of guilt, or from a contempt.
—Purged of partial counsel. In Scotch practice. Cleared of having been partially ad­vised. A term applied to the preliminary exam­ination of a witness, in which he is sworn and examined whether he has received any bribe or promise of reward, or has been told what to say, or whether he bears malice or ill will to any of the parties. Bell.—Purging a tort is like the ratification of a wrongful act by a per­son who has power of himself to lawfully do the act. But, unlike ratification, the purging of the tort may take place even after commencement of the action. 1 Brod. & B. 282.—Purging contempt. Atoning for, or clearing one's self from, contempt of court, (g. v.) It is generally done by apologizing and paying fees, and is gen­erally admitted after a moderate time in pro­portion to the magnitude of the offense.
PURGE DES HYPOTHEQUES. Fr.
In French law. An expression used to de­scribe the act of freeing an estate from the mortgages and privileges with which it is charged, observing the formalities prescribed by law. Duverger.
PURLIEU. In English law. A space of land near a royal forest, which, being severed from it, was made purlieu; that is, pure or free from the forest laws.
—Purlieu-men. Those who have ground with­in the purlieu to the yearly value of 40s. a year freehold are licensed to hunt in their own pur­lieus. Manw. c. 20, § 8.
PURLOIN. To steal; to commit larceny or theft. McCann v. U. S., 2 Wyo. 298.
PURPART. A share; a part in a di­vision ; that part of an estate, formerly held In common, which is by partition allotted to any one of the parties. The word was an­ciently applied to the shares falling separately to coparceners upon a division or partition of the estate, and was generally spelled "pur-

PURPORT
968
PUTATIVE

party;" but it is now used in relation to any kind of partition proceedings. See Seiders v. Giles, 141 Pa. 93, 21 Atl. 514.
PURPORT. Meaning; import; substan­tial meaning; substance. The "purport" of an instrument means the substance of it as it appears on the face of the instrument, and is distinguished from "tenor," which means an exact copy. See Dana v. State, 2 Ohio St. 93; State v. Sherwood, 90 Iowa, 550, 58 N. W. 911, 48 Am. St. Rep. 461; State v. Pullens, 81 Mo. 392; Com. v. Wright, 1 Cush. (Mass.) 65; State v. Page, 19 Mo. 213.
PURPRESTTJRE. A purpresture may be defined as an inclosure by a private party of a part of that which belongs to and ought to be open and free to the enjoyment of the public at large. It is not necessarily a public nuisance. A public nuisance must be some­thing which subjects the public to some de­gree of inconvenience or annoyance; but a purpresture may exist without putting the public to any inconvenience whatever. At­torney General v. Evart Booming Go., 34 Mich. 462. And see Cobb v. Lincoln Park Com'rs, 202 111. 427, 67 N. E. 5, 63 L. R.A. 264, 95 Am. St. Rep. 258; Columbus v. Jaques, 30 Ga. 506; Sullivan v. Moreno, 19 Fla. 228; U. S. v. Debs (C. C.) 64 Fed. 740; Drake v. Hudson River R. Co., 7 Barb. (N. Y.) 548.
PURPRISE. L. Fr. A close or inclo­sure; as also the whole compass of a manor.
PURPURE, or FORPRIN. A term used in heraldry; the color commonly called "purple," expressed in engravings by lines in bend sinister. In the arms of princes it was formerly called "mercury," and in those of peers "amethyst"
PURSE. A purse, prize, or premium Is ordinarily some valuable thing, offered by a person for the doing of something by others, into strife for which he does not enter. He has not a chance of gaining the thing offered; and, if he abide by his offer, that he must lose it and give it over to some of those con­tending for it is reasonably certain. Harris T. White, 81 N. T. 539.
PURSER. The person appointed by the master of a ship or vessel, whose duty it is to take care of the ship's books, in which every thing on bbard is inserted, as well the names of mariners as the articles of mer­chandise shipped. Roccus, Ins. note.
PURSUE. To follow a matter judicially, as a complaining party.
To pursue a warrant or authority, in the •Id books, is'to execute it or carry it out. Ob. Litt. 52a.
PURSUER. The name by which the com­plainant or plaintiff is known in the eccle­siastical courts, and in the Scotch law.
PURSUIT OF HAPPINESS. As used in constitutional law, this right includes per­sonal freedom, freedom of contract, exemp­tion from oppression or invidious discrimina­tion, the right to follow one's individual preference in the choice of an occupation and the application of his energies, liberty of conscience, and the right to enjoy the domestic relations and the privileges of the family and the home. Black, Const Law (3d Ed.) p. 544. See Ruhstrat v. People, 185 111. 133, 57 N. E. 41, 49 L. R. A. 181, 76 Am. St. Rep. 30; Hooper v. California, 155 U. S. 648, 15 S. Ct. 207, 39 L. Ed. 297; Butchers' Union, etc., Co. v. Crescent City Live Stock, etc., Co., Ill U. S. 746, 4 Sup. Ct 652, 28 L. Ed. 585.
PURUS IDIOTA. Lat ? congenital idiot
PURVEYANCE. In old English law. A providing of necessaries for the king's house. Cowell.
PURVEYOR. In old English law. An officer who procured or purchased articles needed for the king's use at an arbitrary price. In the statute 36 Edw. III. c. 2, this is called a "heignous nome," (heinous or hateful name,) and changed to that of "achar tor." Barring. Ob. St. 289.
PURVIEW. That part of a statute com­mencing with the words "Be it enacted," and continuing as far as the repealing clause; and hence, the design, contempla­tion, purpose, or scope of the act See Smith v. Hickman, Cooke (Tenn.) 337; Payne v. Conner, 3 Bibb (Ky.) 181; Hirth v. Indian­apolis, 18 Ind. App. 673, 48 N. E. 876.
PUT. In pleading. To confide to; to re­ly upon; to submit to. As in the phrase, "the said defendant puts himself upon the country;" that is, he trusts his case to the arbitrament of a jury.
PUT IN. In practice. To place in due form before a court; to place among the records of a court
PUT OUT. To open. To put out lights; to open or cut windows. 11 East, 372.
Putagium hsereditatem non adimit. 1
Reeve, Eng. Law, c. 3, p. 117. Incontinence does not take away an inheritance.
PUTATIVE. Reputed; supposed; com­monly esteemed. Applied in Scotch law to creditors and proprietors. 2 Karnes, Eq. 105, 107, 109.
—Putative father. The alleged or reputed father of an illegitimate child. State v. Nest-aval, 72 Minn. 415, 75 N. W. 725.—Putative marriage. A marriage contracted in good faith and in ignorance (on one or both sides) that impediments exist which render it unlaw­ful. See Mackeld. Rom. Law, $ 556. See In re Hall, 61 App. Div. 266, 70 N. Y. Supp. 410, Smith v. Smith, 1 Tex. 628, 46 Am. Dec. 12L

PUTS AND OALLP
969
PYROMANIA

PUTS AND CALLS. A "put" in the language of the grain or stock market is a privilege of delivering or not delivering the subject-matter of the sale; and a "call" is a privilege of calling or not calling for it Pixley v. Boynton, 79 111. 351.
PUTS AND REFUSALS. In English law. Time-bargains, or contracts for the sale of supposed stock on a future day.
PUTTING IN FEAR. These words are used in the definition of a robbery from the person. The offense must have been com­mitted by putting in fear the person robbed. 3 Inst 68; 4 Bl. Comm. 243.
PUTTING IN SUIT, as applied to a bond, or any other legal instrument, signi­fies bringing an action upon it, or making it the subject of an action.
FUTURE. In old English law. A cus­tom claimed by keepers in forests, and some-
times by bailiffs of hundreds, to take man's meat, horse's meat, and dog's meat of the tenants and inhabitants within the peram­bulation of the forest hundred, etc. The land subject to this custom was called "terra putura." Others, who call it "pulture," ex­plain it as a demand in general; and de­rive it from the monks, who, before they were admitted, pulsabant, knocked at the gates for several days together. 4 Inst 307; Cowell.
PYKE, PAIK. In Hindu law. A foot-passenger; a person employed as a night-watch in a village, and as a runner or mes­senger on the business of the revenue. Wharton.
PYKERIE. In old Scotch law. Petty theft 2 Pitc. Crim. Tr. 43.
PYROMANIA. See Insanity.

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