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A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z PACE . A measure of length containing two feet and a half; the geometrical pace is five feet long. The common pace PACIFICATION . The act of making peace between two countries which have been at war; the restoration of public tranquillity PACTIONS , International law. When contracts between nations are to be performed by a single act, and their execution i PACTUM CONSTITUTAE PECUNIAE , civil law. An agreement by which a person appointed to his creditor, a certain day, or a certain time, at wh PACTUM DE NON PETANDO , civil law. An agreement made, between a creditor and his debtor that the former will not demand, from the la PACTUM DE QUOTA LITIS . An agreement by which a creditor of a sum difficult to recover, promises a portion, for example, one-third, PAGODA , comm. law. A denomination of money in Bengal. In the computation of ad valorem duties, it is valued at one d PAIS, or PAYS . A French word signifying country. In law, matter in pais is matter of fact in opposition to matter of record PALFRIDUS , A palfrey; a horse to travel on. 1 Tho. Co. Litt. 471; F. N. B. 93. PANDECTS , civil law. The name of an abridgment or compilation of the civil law, made by order of the emperor Justinian PANEL , practice. A schedule or roll containing the names of jurors, summoned by virtue of a writ of venire facias, PANNEL , Scotch law. A person, accused of a crime; one indicted. PAPER DAYS , Eng. law. Days on which special arguments are to take place. Tuesdays and Fridays in term time are paper day PAPER MONEY . By paper money is understood the engagements to pay money which are issued by governments and banks, and whi PAPER-BOOK , practice. A book or paper containing an abstract of all the facts and pleadings necessary, to the full under PAR , comm. law. Equal. It is used to denote a state of equality or equal value. Bills of exchange, stocks, and th PARAGE . Equality of name or blood, but more especially of land in the partition of an inheritance among co-heirs, he PARAGIUM . A Latin term which signifies equality. It is derived from the adjective par, equal, and made a substantive b PARAMOUNT . That which is superior. 2. It is usually applied to the highest lord of the fee, of lands, tenements, or he PARAPHERNALIA . The name given to all such things as a woman has a right to retain as her own property, after her hushand's PARATITLA , civil law. An abbreviated explanation of some titles or books of the Code or Digest. PARATUM HABEO . A return made by the sheriff to a capias ad respondendum, which signified that he had the defendant ready to PARAVAIL . Tenant paravail is the lowest tenant of the fee, or he who is the immediate tenant to one who holds of anoth PARCEL , estates. Apart of the estate. 1 Com. Dig. Abatement, H 511 p. 133; 5 Com. Dig. Grant, E 10, p. 545. To parce PARCENARY . The state or condition of holding title to lands jointly by parceners, before the common inheritance has bee PARCENERS , Engl. law. The daughters of a man or woman seised of lands and tenements in fee simple or fee tail, on whom, PARCO FRACITO , Engl. law. The name of a writ against one who violently breaks a pound, and takes from thence beasts which, PARDON , crim. law, pleading. A pardon is an act of grace, proceeding from the power entrusted with the execution of PARENTAGE . Kindred. Vide 2 Bouv. Inst. n. 1955; Branch; Line. PARENTS . The lawful father and mother of the party spoken of. 1 Murph. R. 336; 11 S. & R. 93. 2. The term parent dif PARES . A man's equals; his peers. (q. v.) 3 Bl. Com. 349. PARES CURIE , feudal law, Those vassals who were bound to attend the lord's court were so called. Ersk. Inst. B. 2, tit. 3 PARI DELICTO crim. law. In a similar offence or crime; equal in guilt. A person who is in pari delicto with another, differ PARI MATERIA . Of the same matter; on the same subject; as, laws pari materia must be construed with reference to each othe PARI PASSU . By the same gradation. PARISH . A district of country of different extents. In the ecclesiastical law it signified the territory committed t PARIUM JUDICIUM . The trial by jury , or by a man's peers, or equals, is so called. PARK , Eng. law. An enclosed chase (q.v.) extending only over a man's own grounds. The term park signifies an enclo PARLIAMENT . This word, derived from the French parlement, in the English law, is used to designate the legislative branc PAROL . More properly parole. A French word, which means literally, word or speech. It is used to distinguish contra PAROL LEASES . An agreement made verbally, not in writing, between the parties, by which one of them leases to the other a PAROLE , international law. The agreement of persons who have been taken by an enemy that they will not again take up PARRICIDE , civil law. One who murders his father; it is applied, by extension, to one who murders his mother, his broth PARSON , eccles. law. One who has full possession of all the rights of a parochial church. 2. He is so called becaus PARTICEPS FRAUDIS . fraud. Both parties be in pari delicto is not allowed to allege his own turpitude in such cases, when defend PARTICULAR AVERAGE . This term, partipular average, has been condemned as not being exact. See Average. It denotes, in general, e PARTICULAR AVFRMENT , pleading. Vide Avermzent. PARTICULAR CUSTOM. A particular custom is one which only affects the inhabitants of some particular district. To be good, a parti PARTICULAR ESTATE . An estate which is carved out of a larger and which precedes a remainder; as, an estate for years to A, rema PARTICULARS , practice. The items of which the accounts of one of the parties is composed, and which are frequently furnis PARTIES , contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an ag PARTIES TO A SUIT IN EQUITY . The person who seeks a remedy in chancery by suit, commonly called a plaintiff, and the person against whom PARTIES TO ACTIONS . Those persons who institute actions for the recovery of their rights, and those persons against whom they ar PARTITION , ?states. The division which is made between several persons, of lands, tenements, or hereditaments, or of go PARTITION , conveyancing. A deed of partition is, one by which lands held in joint tenancy, coparcenary, or in common, a PARTNERS , contracts. Persons who have united together and formed a partnership. 2. Every person sui juris is competent PARTNERSHIP , contracts. An agreement between two or more persons, for joining together their money, goods, labor and skil PARTOWNERS . Persons who hold real or personal property by the same title, either as tenants in common, joint tenants, or PARTTICULAR, LIEN , contracts. A right which a person has to retain property in respect of money or labor expended on such parti PARTURITION . The act of giving birth to a child. 2. Sometimes questions arise how far means may be employed to promote p PARTURITION . Tho act of giving birth to a child 2. Sometimes questions arise bow far means may be employed to promote pa PARTUS . The child just before it is born, or immediately after its birth. Before birth the partus is considered as a PARTY , practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In PARTY WALL . A wall erected on the line between two adjoining estates, belonging to different persons, for the use of bot PARTY-JURY . An ancient word used to signify a jury de medietas linguae, (q. v.) or one composed one-half of natives, and PASS , practice. To be given, or entered; to proceed; as, let the judgment pass for the plaintiff. PASS . In the slave states this word signifies a certificate given by the master or mistress to a slave, in which i PASS BOOK , com. law. A book used by merchants with their customers, in which an entry of goods sold and delivered to a PASSAGE . A way over water; a voyage made over the sea or great river; as, the Sea Gull had a quick passage: the money PASSAGE MONEY , contracts. The sum claimable for the conveyance of a person with or without luggage on the water. 2. The di PASSENGER , cont. One who has taken a place. in a public conveyance, for the purpose of being transported from one place PASSIVE , com. law. All the sums of which one is a debtor. It is used in contradistinction to active. (q. v.) By activ PASSPORT, SEA BRIEF, or SEA LETTER , maritime law. A paper containing a permission from the neutral state to the captain or master of a ship or v PASTURES , pastures. The land on which beasts are fed; and by a grant of pastures the land itself passes. 1 Thorn. Co, PATENT , constrction. That which is open or manifest. 2. This word is usually applied to ambiguities which are said PATENT , contracts. A patent for an invention is a giant made by the government of the United States to the inventor PATENT FRENCH . The following points in relation to the patent laws of France will be found useful to those who have invente PATENT LAWS OF GREAT BRITAIN AND IRELAND . The patent laws of Great Britain and Ireland will be briefly considered by taking a view of the persons to w PATENT, PRUSSIAN . This subject will be considered by taking a view of the persons who may obtain patents; the nature of the pa PATENT, ROMAN . The Roman patents will be considered by taking a view of the persons to whom they may be granted; the differ PATENT-OFFICE . An office bearing this name was established by law, and by the act Of congress of July 4, 1836, which repeal PATENTEE . He to whom a patent has been granted. The term is usually applied to one who has obtained letters-patent for PATER . Father. A term used in making genealogical tables. PATER FAMILLIAS , civil law. One who was sui juris and consequently was not either under parental power, nor under that of a m PATERNA PATERNIS . This expression is used in the French law to signify that in a succession, the property coming from the fath PATERNAL . That which belongs to the father or comes from him: as, paternal power, paternal relation, paternal estate, PATERNAL POWER . Patria potestas, The, authority lawfully exercised by parents, over their children. It will be proper to con PATERNAL PROPERTY . That which descends or comes from the father and other ascendants, or collaterals of the paternal stock. Dom PATERNITY , The state or condition of a father. 2. The hushand is prima facie presumed to be the father of his wife's c PATHOLOGY , med. jur. The science or doctrine of diseases. In cases of homicides, abortions, and the like, it is of grea PATRIA . The country; the men of the neighborhood competent to serve on a jury; a jury. This word is nearly synonymou PATRIA POTESTAS , Civil law. Paternal power; (q. v.) the authority which is lawfully exercised by the father over his children PATRICIDE . One guilty of killing his father. PATRIMONIAL . A thing, which comes from the father, and by extension, from the mother or other ancestor. PATRIMONIUM , civil law. That which is capable, of being inherited. 2. Things capable of being possessed by a single pers PATRIMONY . Patrimony is sometimes understood to mean all kinds of property but its more limited signification , include PATRINUS . A godfather. PATRON , eccles. law. He who has the disposition and gift of an ecclesiastical benefice. In the Roman law it signifie PATRONAGE . The right of appointing to office; as the patronage of the president of the United States, if abused, may en PATRONUS , Roman civil law. This word is a modification of the, Latin word pater, father; a denomination applied by Rom PATRUELIS , civil law. A cousin german by the father's side; the son or daughter of a father's brother. Dig. 38i 10, 1. PATRUUS , citq law. An uncle by the father's side, a father's brother. Dig. 38, 10, 10, Patruus magnus, is a grandfath PAUPER . One so poor that he must be supported at the public expense. 2. The statutes of the several states make amp PAVIAGE . Contribution or tax. for paving the streets or highways. PAWN . A pledge. Vide Pledge. PAWN-BROKER . One who is lawfully authorized to lend money, and actually lends it, usually in small sums, upon pawn or ple PAWNEE . He who receives a pawn or pledge. 2. The rights of the pawnee are to have the exclusive possession of the p PAWNOR . One who, being liable to an engagement, gives to the person to whom he is liable, a thing to be held as a se PAX REGIS , Eng. law. The king's peace. In ancient times there were certain limits which were known by this name. The pa PAYEE . The person in whose favor a bill of exchange is made payable. Vide Bills of Exchange. PAYMENT , contracts. That which is given to execute what has been promised; or it is the fulfilment of a promise. Solv PAYMENT , pleadings. The name of a plea by which the defendant alleges that he has paid the debt claimed in the declar PAYS . The country. Trial per pays, is a trial by the country; that is, by jury. Vide Pais. PEACE . The tranquillity enjoyed by a political society, internally, by the good order which reigns among its member PECK . A measure of capacity, equal to two gallons. Vide Measure. PECULATION , civil law. The unlawful appropriation by a depositary of public funds, of the property of the government ent PECULIAR , eccles. law. In England, a particular parish or church, which has, within itself, independent of the ordinar PECULIUM , civil law. The savings which were made by a son or slave with the consent of his father or master. Inst. 2, PECUNIA , civil law, property By the term was understood, 1. Money. 2. Every thing which constituted the private prope PECUNIARY . That which relates to money. 2. Pecuniary punishment, is one which imposes a fine on a convict; a pecuniary PEDIGREE , descents. A succession of degrees from the origin; it is the state of the family as far as regards the relat PEDIS POSSESSIO . A foothold, an actual possession. To constitute adverse possession there must be pedis possessio, or a subst PEDLARS . Persons who travel about the country with merchandise, for the purpose of selling it. They are obliged under PEER . Equal. A man's peers are his equals. A man is to be tried by his peers. 2. In England and some other countr PEERESS . A noblewoman, the wife of a peer. PEINE FORTE ET DURE , Eng. law A punishment formerly inflicted in England, on a person who, being arraigned of felony, refused to PELTWOOL . The wool pulled off the skin or pelt of a dead ram. PENAL . That which may be punished; that which inflicts a punishment. PENAL STATUTES . Those which inflict a penalty for the violation of some of their provisions. 2. It is a rule of law that su PENALTY , contr. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail PENANCE , eccl. law. An ecclesiastical punishment, inflicted by an ecclesiastical court, for some spiritual offence. A PENCIL . An instrument made of plumbago, black lead, red chalk, or other suitable substance, for writing without ink. PENDENTE LITE . Pending the continuance of an action, while litigation continues. 2. An administrator is appointed, pendent PENDENTES , civil law. The fruits of the earth not yet separated from the ground; the fruits hanging by the roots. Ersk. PENETRATION , crimes. The act of inserting the penis into the female organs of generation. 9 Car. & Pa 118; S. C. 38 E. C. PENITENTIARY . A prison for the punishment of convicts. 2. There are two systems of penitentiaries in the United States, e PENNSYLVANIA . The name of one of the original states of the United States of America. Pennsylvania was occupied by planter PENNY . The name of an English coin of the value of one-twelfth part of a shilling. While the United States were col PENNYWEIGHT . A troy weight which weighs twenty-four grains, or one-twentieth part of an ounce. Vide Weights. PENSION . A stated and certain allowance granted by the government to an individual, or those who represent him, for v PENSIONER . One who is supported by an allowance at the will of another. It is more usually applied to him who receives PEONIA , Spanish law. A portion of land which was formerly given to a simple soldier, on the conquest of a country. I PEOPLE . A state; as, the people of the state of New York; a nation in iis collective and political capacity. 4 T. R. PER . By. When a writ of entry is sued out against the alienee, or descendant of the original disseisor, it is the PER AND CUI . When a writ of entry is brought against a second alienee or descendant from the disseisor, it is said to be PER CAPITA , by the head or polls. This term is applied when an estate is to be divided share and share alike. For exampl PER FRAUDEM . A replication to a plea where something has been pleaded which would be a discharge, if it had been honestly PER INFORTUNIUM , criminal law. Homicide per infortunium, or by misadventure, is said to take place when a man in doing a lawf PER MINAS . By threats. When a man is compelled to enter into a contract by threats or menaces, either for. fear of loss PER MY ET PER TOUT . By every part or parcel and by the whole. A joint tenant of lands is said to be seised per my et per tout. L PER QUOD , pleading. By which; whereby. 2. When the plaintiff sues for an injury to his relative rights, as for beatin PER STIRPES . By stock; by roots. 2. When, for example, a man dies intestate, leaving children and grandchildren, whose p PERAMBULATIONE FACIENDA, WRIT DE , Eng. law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the boun PERCH , measure. The length of sixteen feet and a half: a pole or rod of that length. Forty perches in length and fo PERDONATIO UTLAGARIAE , Eng. law. A pardon for a man who, for contempt in not yielding obedience to the process of the king's courts PEREGRINI , civil law. Under the denomination of peregrini were comprehended all who did not enjoy any capacity of the l PEREMPTORY . Absolute; positive. A final determination to act without hope of renewing or altering. Joined to a substanti PEREMPTORY DEFENCE , equity, pleading. A defence which insists that the plaintiff never had the right to institute the suit, or t PEREMPTORY PLEA , pleading. A plea which denies the plaintiff's cause of action. 3 Bouv. Inst. n. 2891. Vide Plea. PERFECT . Something complete. 2. This term is applied to obligations in order to distinguish those which may be enfor PERFIDY The act of one who has engaged his faith to do a thing, and does not do it, but does the contrary. Wolff, ?390 PERFORMANCE . The act of doing something; the thing done is also called a performance; as, Paul is exonerated from the obl PERIL . The accident by which a thing is lost Lee,. Dr. Rom. 911. PERILS OF THE SEA , contracts. Bills of lading generally contain an exception that the carrier shall not be liable for "perils o PERIPHRASIS. Circumlocution; the use of other words to express the sense of one. 2. Some words are so technical in their m PERISHABLE GOODS , Goods which are lessened in value and become worse by being kept. Vide Bona Peritura. PERJURY , crim. law. This offence at common law is defined to be a wilful false oath, by one who being lawfully requir PERMANENT-TRESPASSES . When trespasses of one and the same kind, are committed on several days, and are in their nature capable of PERMISSION . A license to do a thing; an authority to do an act which without such authority would have been unlawful. A PERMISSIVE . Allowed; that which may be done; as permissive waste, which is the permitting real estate to go to waste; wh PERMIT . A license or warrant to do something not forbidden bylaw; as, to land goods imported into the United States, PERMUTATION , civil law. Exchange; barter. 2. This contract is formed by the consent of the parties, but delivery is indi PERNANCY . This word, which is derived from the French prendre, to take, signifies a taking or receiving. PERNOR OF PROFITS . He who receives the profits of lands, &c. A cestui que use, who is legally entitled and actually does receiv PERPETUAL . That which is to last without limitation as to time; as, a perpetual statute, which is one without limit as PERPETUATING TESTIMONY . The act by which testimony is reduced to writing as prescribed by law, so that the same shall be read in evi PERPETUITY , estates. Any limitation tending to take the subject of it out of commerce for a longer period than a life or PERQUISITES . In its most extensive sense, perquisites signifies anything gotten by industry, or purchased with money, dif PERSON . This word is applied to men, women and children, who are called natural persons. In law, man and person are PERSONABLE . Having the capacities of a person; for example, the defendant was judged personable to maintain this action. PERSONAITY . An abstract of personal; as, the action is in the personalty, that is, it is brought against a person for a PERSONAL . Belonging to the person. 2. This adjective is frequently employed in connection with substantives, things, PERSONAL ACTIONS . Personal actions are those brought for the specific goods and chattels; or for damages or other redress for PERSONAL LIBERTY . Vide Liberty. PERSONAL PROPERTY . The right or interest which a man has in things personal; it consists of things temporary and movable, and i PERSONAL REPRESENTATIVES . These words are construed to mean the executors or administrators of the person deceased. 6 Mad. R. 159; 2 M PERSONAL SECURITY . The legal and uninterrupted enjoyment by a man of his life, his body, his health and his reputation. 1 Bouv. PERSONALITY OF LAWS . Those laws which regulate the condition, state, or capacity of persons. The term is used in opposition to th PERSUASION . The act of influencing by expostulation or request. While the persuasion is confined within those limits whi PERTINENT , evidence. Those facts which tend to prove the allegations of the party offering them, are called pertinent; PERTURBATION . This is a technical word which signifies disturbance, or infringement of a right. It is usually applied to t PESAGE , mer. law. In England a toll bearing this name is charged for weighing avoirdupois goods other than wool. 2 C Peter (0) the ancestor. - ȸ¸¸&ced In this case Maria would inherit one-half; Joseph, the son of John, one-half of the half, or quarter of the PETIT , sometimes corrupted into petty. A French word signifying little, small. It is frequently used, as petit larc PETIT, TREASON , English law. The killing of a master by his servant; a hushand by his wife; a superior by a secular or relig PETITION . An instrument of writing or printing containing a prayer from the person presenting it, called the petitione PETITION OF RIGHT , Eng. law. When the crown is in possession, or any title is vested in it which is claimed by a subject, as no PETITORY . That which demands or petitions that which has, the, quality of a prayer or petition; a right to demand. 2. PETTIFOGGER . One who pretends to be a lawyer, but possessing neither knowledge, law, nor conscience. PETTY AVERAGE . A contribution by the owners of the ship, freight and goods on board, for losses sustained by the ship and c PETTY BAG , Engl. law. An office in the court of chancery, appropriated for suits against attorneys and officers of the PEW . A seat in a church separated from all others, with a convenient space to stand therein. 2. It is an incorpo PHAROS . A light-house or beacon. It is derived from Phams, a small island at the mouth of the Nile, on which was bui PHYSICIAN . One lawfully engaged in the practice of medicine. 2. A physician in England cannot recover for fees, as his PHYSIOLOGY , med. jur. The science which treats of the functions of animals; it is the science of life. 2. The legal pra PICKPOCKET . A thief; one who in a crowd or. in other places, steals from the pockets or person of another without puttin PIGNORATION , civil law . This word is used by Justinian in the title of the 52d novel, and signifies not only a pledge of PIGNORATIVE CONTRACT , civ. law. A contract by which the owner of an estate engages it to another for a sum of money, and grants to PIGNORIS CAPIO, ROM . civil law. The name given to one of the legis actiones of the Roman law. It consisted chiefly in the taking. PIGNUS , civil law. This word signifies in English, pledge or pawn. (q. v.) It is derived, says Gaius, from pugnium, PILLAGE . The taking by violence of private property by a victorious army from the citizens or subjects of the enenly. PILLORY , punishment. wooden machine in which the neck of the culprit is inserted. 2. This punishment has been supers PILOT , mer. law. This word has two meanings. It signifies, first, an officer serving on board of a ship during the PILOTAGE , contracts. The compensation given to a pilot for conducting a vessel in or out of port. Poth. Des Avaries, n PIN MONEY . Money allowed by a man to his wife to spend for her own personal comforts. 2. When pin money is given to, b PINT . A liquid measure containing half a quart or the eighth part of a gallon. PIPE , Eng. laid. The name of a roll in the exchequer otherwise called the Great Roll. A measure containing two hog PIRACY , crim. law. A robbery or forcible depreciation on the high seas, without lawful authority, done animo furandi PIRACY , torts. By piracy is understood the plagiarisms of a book, engraving or other work, for which a copyright has PIRATE . A sea robber, who, to enrich himself by subtlety or open force, setteth upon merchants and others trading by PIRATlCALLY , pleadings. This is a technical word, essential to charge the crime of piracy in an indictment, which cannot PISCARY . The right of fishing in the waters of another. Bac. Ab. h. t.; 5 Com. Dig. 366. Vide Fishery. PISTAREEN . A small Spanish coin. It is not a coin made current by the laws of the United States. 10 Pet. 618. PIT , fossa. A hole dug in the earth, which was filled with water, and in which women thieves were drowned, instea PLACE , pleading, evidence. A particular portion of space; locality. 2. In local actions, the plaintiff must lay hi PLACE OF BUSINESS . The place where a man usually transacts his affairs or business. When a man keeps a store, shop, counting ro PLACITUM . A plea. This word is nomen generalissimum, and refers to all the pleas in the case. 1 Saund. 388, n. 6; Skin PLAGIARISM . The act of appropriating the ideas and language of another, and passing them for one's own. 2. When this am PLAGIARIUS , civil law. He who fraudulently concealed a freeman or slave who belonged to another. 2. The offence itself PLAGIUM . Man stealing, kidnapping. This offence is the crimen plagii of the Romans. Alis. Pr. Cr. Law, 280, 281. PLAINT , Eng. law. The exhibiting of any action, real or personal, in writing; the party making his plaint is called PLAINTIFF , practice. He who, in a personal action, seeks a remedy for an injury to his rights. Ham. on Parties, h. t.; PLAINTIFF IN ERROR . A party who sues out a writ of error, and this whether in the court below he was plaintiff or defendant. PLAN . The delineation or design of a city, a house or houses, a garden, a vessel, &c. traced on paper or other sub PLANTATIONS . Colonies, (q. v.) dependencies. (q. v.) 1 Bl. Com. 107. In England, this word, as it is used in St. 12, II. PLAT . A map of a piece of land, in which are marked the courses and disstances of the different lines, and the qua PLEA , chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign mat PLEA , practice. The defendant's answer by matter of fact, to the plaintiff's declaration. 2. It is distinguished PLEADING , practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of PLEADING, SPECIAL . By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial PLEAS OF THE CROWN , Eng. law. This phrase is now employed to signify criminal causes in which the king is a party. Formerly it s PLEAS POLL , Engl. practice. A record which contains the declaration, plea, replication, rejoinder, and other pleadings, PLEBEIAN . One who is classed among the common people, as distinguished from the nobles. Happily in this country the or PLEBEIANS . One of the divisions of the people in ancient Rome; that class which was composed of those who were not nobl PLEBISCIT , civil law. This is an anglicised word from the Latin plebiscitum, which is composed or derived from plebs an PLEDGE , contracts. He who becomes security for another, and, in this sense, every one who becomes bail for another i PLEDGE or PAWN , contracts. These words seem indifferently used to convey the same idea. Story on Bailm. ?286. 2. In the civ PLEDGEE . The same as pawnee. (q. v.) PLEDGER . The same as pawner. (q. v.) PLEDGES , pleading. It was anciently necessary to find pledges or sureties to prosecute a suit, and the names of the p PLEGIIS ACQUIETANDIS, WRIT DE . The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another PLENA PROBATIO . A term used in the civil law, to signify full proof, in contradistinction to semi-plena probatio, which is o PLENARTY , eccl. law. Signifies that a benefice is full. Vide Avoidance. PLENARY . Full, complete. 2. In the courts of admiralty, and in the English ecclesiastical courts, causes or suits in PLENE ADMINISTRAVIT , pleading. A plea in bar entered by an executor or administrator by which he affirms that he had not in his p PLENE ADMINISTRAVIT PRAETERt . This is the usual plea of plene administravit, except that the defendant admits a certain amount of assets i PLENE COMPUTAVIT , pleading. A plea in an action of account render, by which the defendant avers that he has fully accounted. B PLENIPOTENTIARY . Possessing full powers; as, a minister plenipotentiary, is one authorized fully to settle the matters connec PLENUM DOMINIUM . The unlimited right which the owner has to use his property as he deems proper, without accountability to an PLOUGH-BOTE . An allowance made to a rural tenant, of wood sufficient for ploughs, harrows, carts, and other instruments o PLOUGH-LAND , old Eng. law. An uncertain quantity of land; but, according to some opinions, it contains one hundred and tw PLUNDERAGE , mar. law. The embezzlement of goods on board of a ship, is known by the name of plunderage. 2. The rule of PLURAL . A term used in grammar, which signifies more than one. 2. Sometimes, however, it may be so expressed that i PLURALITY , government. The greater number of votes given at an election; it is distinguished from a majority, (q. v.) w PLURIES , practice. A term by which a writ issued subsequently to an alias of the same kind, is denominated. 2. The p POINDING , Scotch. law. That diligence, affecting movable subjects, by which their property is carried directly to, the POINDING, PERSONAL , Scotch law. Poinding of the goods belonging to the debtor; and of those goods only. 2. It may have for its POINDING, REAL , or poinding of the ground, Scotch law. Though it be properly a diligence, this is generally considered by la POINT , practice. A proposition or question arising in a case. 2. It is the duty of a judge to give an opinion on e POINT RESERVED . A point or question of law which the court, not being fully satisfied how to decide, in the hurried trial of POINTS , construction. Marks in writing and in print, to denote the stops that ought to be made in reading, and to po POISON , crim. law. Those substances which, when applied to the organs of the body, are capable of altering or destro POLE . A measure of length, equal to five yards and a half. Vide Measure. POLICE . That species of superintendence by magistrates which has principally for its object the maintenance of publi POLICE JURY . In Louisiana this name is given. to certain officers who collectively exercise jurisdiction in certain cases POLICY OF INSURANCE , contracts. An instrument in writing by which the contract of insurance is effected and reduced into form. 2 POLICY, PUBLIC . By public policy is meant that which the law encourages for the promotion of the public good. 2. That which POLITICAL . Pertaining to policy, or the administration of the government. Political rights are those which may be exerc POLL . A head. Hence poll tax is the name of a tax imposed upon the people at so much a head. 2. To poll a jury is POLLICITATION , civil law. A pollicitation is a promise not yet accepted by the person to whom it is made; it differs from a POLLS . The place where electors cast in their votes. POLYANDRY . The state of a woman who has several hushands. 2. Polyandry is legalized only in Tibet. This is inconsisten POLYGAMY , crim. law. The act of a person who, knowing he has two or more wives, or she has two or more hushands living POLYGARCHY . A term used to express a government which is shared by several persons; as, when two brothers succeed to the POND . A body of stagnant water; a pool. 2. Any one has a right to erect a fish pond; the fish in ii are considere PONE , English practice. An original writ issuing out of chancery, for the purpose of removing a plaint from an inf PONTAGE . A contribution towards the maintenance, rebuilding or repairs of a bridge. The toll taken for this purpose a POOL . A small lake of standing water. 2. By the grant of a pool, it is said, both the land and water will pass. C POPE . The chief of the catholic religion is so called. He is a temporal prince. He is elected by certain officers POPE'S FOLLY . The name of a small island, situated in the bay of Passama quoddy, which, it has been decided, is within the POPULAR ACTION , punishment. An action given by statute to any one who will sue for the penalty. A qui tam action. Dig. 47, 2 PORT . A place to which the officers of the customs are appropriated, and which include the privileges and guidance PORT TOLL , Mer. law., By this phrase is understood the money paid for the privilege of bringing goods into a port. PORT-REEVE , Eng. law. In some places in England an officer bearing this name is the chief magistrate of a port-town. Jac PORTATICA , Engl. law. The generic name for port duties charged to ships. Harg. L. Tr. 74. PORTER . The name of an ancient English officer who bore or carried a rod before the justices. The door-keeper of the PORTION . That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child. 1 PORTORIA , civil law. Duties paid in ports on merchandise. Code, 4, 61, 3. PORTSALES . Auctions were anciently so called, because they took place in ports. POSITIVE . Express; absolute; not doubtful. This word is frequently used in composition. 2. A positive condition is wh POSSE . This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, su POSSE COMITATUS . These Latin words signify the power of the county. 2. The sheriff has authority by the common law, while ac POSSESSED . This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be pos POSSESSIO FRATRIS . The brother's possession. This is a technical phrase which is applied in the English law relating to descent POSSESSION , intern. law. By possession is meant a country which is held by no other title than mere conquest. 2. In thi POSSESSION , property. The detention or enjoyment of a thing which a man holds or exercises by himself or by another who POSSESSOR . He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own. 2. In POSSESSORY ACTION , old Eng. law. A reall action in which the plaintiff called the demandant, sought to recover the possession o POSSIBILITY . An uncertain thing which may happen; Lilly's Reg. h. t.; or it is a contingent interest in real or personal POST . After. When two or more alienations or descents have taken place between an original intruder ant or defenda POST DATE . To date an instrument a time after that on which it is made. Vide Date. POST DIEM . After the day; as a plea of payment post diem, after the, day when the money became due. Com. Dig. Pleader, POST DISEISIN , Engl. law. The name of a writ which, lies for him who, having recovered lands and tenements by force of a no POST ENTRY , maritime law. When a merchant makes an entry on the importation of, goods, and at the time he is not able to POST FACTO . after the fact. Vide Ex post facto. POST LITEM MOTAM . After the commencement of the suit. 2. Declarations or acts of the parties made post litem motam, are presu POST MARK . A stamp or, mark put on letters in the post office. 2. Post marks are evidence of a letter having passed th POST MORTEM . After death; as, an examination post mortem, is an examination made of a dead body to ascertain the cause of POST NATI . Born after. This term is applied to persons who came to reside in tho United States after the declaration of POST NATUS. Literally after born; it is used by the old law writers to designate the second son. See Puisne; Post-nati. POST NOTES . A species of bank notes payable at a distant period, and not on demand. 2 Watts & Serg. 468. A kind of bank POST NUPTIAL . Something which takes place after marriage; as a post nuptial settlement, which is a conveyance made general POST OBIT , contract. An agreement, by which the obligor borrows a certain sum of money and promises to pay a larger sum POST OFFICE . A place where letters are received to be sent to the persons to whom they, are addressed. 2. The post offic POSTAGE . The money charged by law for carrying letters, packets and documents by mail. By act of congress of March 3, POSTAGE STAMPS . The act of congress, approved March 3, 1847, section 11, and the act of congress of March 3, 1841, sections POSTEA , practice. Afterwards. The endorsement on the nisi prius record purporting to be the return of the judge befo POSTERIORES . This term was used by the Romans to denote the descendant in a direct line beyond the sixth degree. It is st POSTERIORITY , rights. Being or, coming after. It is a word of comparison, the correlative of which is priority; as, when a POSTERITY , descents. All the descendants of a person in a direct line. POSTHUMOUS CHILD . after the death of its father; or, when the Caesarian operation is performed, after that of the mother. 2. POSTILS , postillae. Marginal notes made in a book or writing for reference to other parts of the same, or some other POSTLIMINIUM . That right in virtue of which persons and things taken by the enemy are restored to their former state, when POSTMAN , Eng. law. A barrister in the court of exchequer, who has precedence in: motions. POSTMASTER GENERAL . The chief officer of the post office department of the United States. Various duties are imposed upon this o POSTMASTER, or DEPUTY POSTMASTER . An officer of the United States appointed by the postmaster general to hold his office. during the, plaasure POSTULATIO , Rom. civ. law. The name given to the first act in a criminal proceeding. A person who wished to accuse anoth POT-DE-VIN , French law. A sum of money frequently paid, at the moment of entering into a contract, be=yond the price agr POTENTATE . One who has a great power over, an extended country; a sovereign. 2. By the naturalization laws, an alien i POTESTAS , civil law. A Latin word which signifies power; authority; domination; empire. It has several meaning. 1. It POUND , Eng. law. A place enclosed to keep strayed animals in. 5 Pick. 514; 4 Pick. 258; 9 Pick. 14. POUND , money. The sum of twenty shillings. Previous to the establishment of the federal currency,, the different st POUND , weight. There are two kinds of weights, namely, the troy, and the avoirdupois. The pound avoirdupois is grea POUNDAGE , practice. The amount allowed to the sheriff, or other officer, for commissions on, the money made by virtue POURPARLER , French law. The conversations and negotiations which have taken place between the parties in order to make a POURSUIVANT . A follower, a pursuer. In the ancient English law, it signified an officer who attended upon the king in his POWER . This is either inherent or derivative. The former is the right, ability, or faculty of doing something, with POWER OF ATTORNEY . Vide Letter of attorney, and 1 Mood. Or. Cas. 57, 58. POYNING'S LAW , Engl. law. The name usually given to an act which was passed by a parliament holden in Ireland in the tenth PRACTICE . The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their v PRAECIPE or PRECIPE , practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotar PRAEDA BELLICA . Lat. Booty; property seized in war. Vide Booty; Prize. PRAEDIAL . That which arises immediately from the ground; as, grain of all sorts, hay, wood, fruits, herbs, and the lik PRAEDIUM DOMINANS , civil law. The name given to an estate to which a servitude is due; it is called the ruling estate. PRAEDIUM RUSTICUM , civil law. By this is understood all heritages whicb are not destined for the use of man's habitation; such, PRAEDIUM SERVIENS , Civil law. The name of an estate which suffers or yields a service to another estate. PRAEDIUM URBANUM , civil law. By this term is understood buildings and edifices intended for the habitation and use of man, whe PRAEFECTUS VIGILUM , Roman civ. law. The chief officer of the night watch. His jurisdiction extended to certain offences affectin PRAEMUNIRE . In older to prevent the pope from assuming the supremacy in granting ecclesiastical livings, a number of sta PRAETOR , Roman civil law. A municipal officer of Rome, so called because, (praeiret populo,) he went before or took p PRAGMATIC SANCTION , French law. This expression is used to designate those ordinances which concern the most important object of PRAYER , chanc. pleadings. That part of a bill which asks for relief. 2. The skill of the solicitor is to be exercis PRAYER FOR RELIEF , chan. pleading. This is the name of that part of the bill, which, as the phrase imports, prays for relief. T PRAYER OF PROCESS , chanc. plead. That part of a bill which prays that the defendant be compelled to appear and answer the bill, PRE-EMPTION , intern. law. The right of preemption is the right of a nation to detain the merchandise of strangers passing PREAMBLE . A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress PRECARIOUS RIGHT . The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner PRECARIUM . The name of a contract among civilians, by which the owner of a thing at the request of another person, give PRECATORY WORDS . Expressions in a will praying or requesting that a thing shall be done. 2. Although recommendatory words us PRECEDENCE . The right of being first placed in a certain order, the first rank being supposed the most honorable. 2. In PRECEDENTS . the decision of courts of justice; when exactly in point with a case before the court, they are generally he PRECEPT . A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from th PRECINCT . The district for which a high or petty constable is appointed, is in England, called a precinct. Willc. Offi PRECIPUT , French law. An object which is ascertained by law or the agreement of the parties, and which is first to be PRECLUDI NON , pleading. A technical allegation contained in a replication which denies or confesses and avoids the plea. I PRECOGNITION , Scotch law. The examination of witnesses who were present at the commission of a criminal act, upon the spec PRECONTRACT . An engagement entered into by a person, which renders him unable to enter into another; as a promise or cove PREDECESSOR . One who has preceded another. 2. This term is applied in particular to corporators who are now no longer su PREFECT , French law. A chief officer invested with the superintendence of the administration of the laws in each depa PREFERENCE . The paying or securing to one or more of his creditors, by an insolvent debtor, the whole or a part of their PREGNANCY , med. jurisp. This is defined by medical writer; to be the state of a female who has within her ovary or womb PREGNANT , pleading. A fulness in the pleadings which admits or involves a matter which is favorable to the opposite pa PREHENSION . The lawful taking of a thing with an intent to, assert a right in it. PREJUDICE . To decide beforehand; to lean in favor of one side of a cause for some reason or other than its justice. 2. PRELATE . The name of an ecclesiastical officer. There are two orders of prelates; the first is composed of bishops, a PRELEVEMENT , French law. The portion which a partner is entitled to take out of the assets of a firm before any sion shal PRELIMINARY . Something which precedes, as preliminaries of peace, which are the first sketch of a treaty, and contain the PREMEDITATION . A design formed to commit a crime or to do some other thing before it is done. 2. Premeditation differs ess PREMISES , conveyancing. That part in the beginning of a deed, in which are set forth the names of the parties, with th PREMISES , equity pleading. That part of a bill usually denominated the stating part of the bill. It contains a narrati PREMISES , estates. Lands and tenements are usually, called premises, when particularly spoken of; as, the premises wil PREMISES . that which is put before. The word has several significations; sometimes it means the statements which have PREMIUM , contracts. The consideration paid by the insured to the insurer for making an insurance. It is so called bec PREMIUM PUDICITIAE , contracts. Literally the price of chastity. 2. This is the consideration of a contract by which a man promi PRENDER or PRENDRE . To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of PREPENSE . The same as aforethought. (q. v.) Vide 2 Chit. Cr. Law, *784. PREROGATIVE , civil law. The privilege, preeminence, or advantage which one person has over another; thus a person vested PREROGATIVE , English law. The royal prerogative is an arbitrary power vested in the executive to do good and not evil. Ru PREROGATIVE COURT , eccles. law. The name of a court in England in which all testaments are proved and administrations granted, PRESCRIPTIBLE . That which is subject to prescription. PRESCRIPTION . The manner of acquiring property by a long, honest, and uninterrupted possession or use during the time requ PRESENCE . The existence of a person in a particular place. 2. In many contracts and judicial proceedings it is necess PRESENT . A gift, or wore properly the thing given. It is provided by the constitution of the United States, art. 1, s PRESENTATION , eccl. law. The act of a patron offering his clerk to the bishop of the diocese to be instituted in a church PRESENTEE , eccles. law., A clerk who has been presented by his patron to a bishop in order to be instituted in a church PRESENTMENT , contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, PRESENTMENT , crim. law, practice. The written notice taken by a grand jury of any offence, from their own knowledge or ob PRESENTS . This word signifies the writing then actually made and spoken of; as, these presents; know all men by these PRESERVATION . keeping safe from harm; avoiding injury. This term always presupposes a real or existing danger. 2. A jetti PRESIDENT . An officer of a company who is to direct the manner in which business is to be transacted. From the decision PRESIDENT OF THE UNITED STATES OF AMERICA . This is the title of the executive officer of this country. 2. The constitution directs that the executive PRESS . By a figure this word signifies the art of printing. The press is free. 2. All men have a right to print an PRESUMPTION , evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a PRESUMPTIVE HEIR . One who, if the ancestor should die immediately, would under the present circumstances of things be his heir PRET A USAGE . Loan for use. This phrase is used in the French law instead of commodatum. (q. v.) PRETENTION , French law. The claim made to a thing which a party believes himself entitled to demand, but which is not ad PRETERITION , civil law. The omission by a testator of some one of his heirs who is entitled to a legitime, (q. v.) in the PRETEXT . The reasons assigned to justify an act, which have only the appearance of truth, and which are without found PRETIUM AFFECTIONIS . An imaginary value put upon a thing by the fancy of the owner in his affection for it, or for the person fro PREVARICATION . Praevaricatio, civil law. The acting with unfaithfulness and want of probity. The term is applied principall PREVENTION , civil and French law. The right of a judge to take cognizance of an action over which he has concurrent juri PRICE , contracts. The consideration in money given for the purchase of a thing. 2. There are three requisites to t PRICE CURRENT . The price for which goods, usually sell in the market. A printed newspaper containing a list of such prices PRIMA FACIE . The first blush; the first view or appearance of the business; as, the holder of a bill of exchange, indorse PRIMA TONSURA . A grant of a right to have the first crop of grass. 1 Chit. Pr. 181. PRIMAGE , merc. law. A duty payable to the master and mariner of a ship or vessel; to the master for the use of his ca PRIMARY . That which is first or principal; as primary evidence, or that evidence which is to be admitted in the first PRIMARY EVIDFNCE . The best evidence of which the case in its nature is susceptible. 3 Bouv. Inst. n. 3053. Vide Evidence. PRIM PRIMATE , eccles. law.. An archbishop who has jurisdiction over one or several other metropolitans. PRIMER ELECTION . A term used to signify first choice. 2. In England, when coparcenary lands are divided, unless it is otherw PRIMER SEISIN, Eng. law. The right which the king had, when any of his tenants died seised of a knight's fee, to receive of t PRIMOGENITURE . The state of being first born the eldest. 2. Formerly primogeniture gave a title in cases of descent to the PRIMOGENITUS . The first born. 1 Ves. 290 and see 3 M. & S. 25; 8 Taunt. 468; 3 Vern. 660. PRIMUM DECRETUM . In the courts of admiralty, this name is given to a provisional decree. Bac. Ab. The Court of Admiralty, E. PRINCE . In a general sense, a sovereign the ruler of a nation or state. The son of a king or emperor, or the issue o PRINCIPAL , contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his PRINCIPAL , crim. law. A principal is one who is the actor in the commission of a crime. 2. Principals are of two kinds PRINCIPAL . This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed