A Dictionary of Law

s The supreme legisla- ' ture of Great Britain, consisting of the queen, or king, the lords spiritual and temporal, and the commons. Assembles, at the queen's summons, at least onc

That which is brought forth, or borne: ofifspring, young. Partus sequitur patr'em. The offspring follows the father, — the condition of the father. Partus sequitur ventrem. The off

1. As a thing is made: impression; expression; appearance, g. v.: as, the face of a bill, bond, note, check, draft, judgment, record. A purchaser must look at the face of a bond,'

To make, do, perform. Compare Fieri. Pac simile. Made like in appe Urance; a copy. Said of counterfeits, design^, signatures, trademarks, qQ.^. Paeias. That you make or cause to be

To "pack a jury" is to improperly and corruptly select a jury sworn and impaneled to try a cause, i

See Contents, 1; Pae-

A small bundle. Within the meaning of a prohibition against the private conveyance of letters and packets, held to include newspapers.*

An agreement, engagement. In Roman law, a pact was the utmost product of the engagements of individuals agreeing among themselves, and it distinctly fell short of a contract. "Whet

An agreement, engagement, pact. Nudum pactum. An undertaking not supported by a consideration. Ex nudo pacta non oritur actio. From a bare agreement no action arises; no cause of a

ii The apparel and ornaments of a wife, suitable to her rank and degree.' A term borrowed from the civil law. Paraphernal. Pertaining to paraphernalia; also, to property declared t

A parent; a father. In loco parentis. In the place of the pai'ent. Said of a person invested with the rights and charged -with the duties of the parent of a child, as, a guardian,

5 1. A circuit of ground committed to the charge of one parson or vicar, or other minister having the cure of souls therein.*" Whence parochial. A corporation established solely fo

See Copyright; Print. Does not include a colored working model and design for carpets and rugs, of no value as a work of art. Paintings on porcelain, and decorated china, are subje

Within the meaning of post-office and copyright laws, see Book, 2; Copyright; Obscene. Pamphlet laws. In Pennsylvania, the statutes enacted at each session (biennial) of the legisl

A compilation of the civil law, prepared by direction of the emperor Justinian, and issued as law, A. D. 533. Called pandects (" all-receiving ") from the multiplicity of its sourc

1. The sherifle returns the names of jurors summoned in a panel (a little pane, or oblong piece of parchment) annexed to the writ of venire.^ A schedule containing the names of per

1. Within the meaning of the revenue law, a book is not " paper or manufacture of paper." 2 2. In a statute against sending obscene papers, includes a letter.'' 3. In the sense of

Compare Along. Eor two lines of street railroad to be parallel, within the meaning: of a statute, it may not be necessary that - the routes should be parallel for the whole length

Above, higher, superior, pre-eminent. As, a paramount equity, incumbrance, title — the origin and source of another title, as, the title of a landlord in comparison with that of hi

1. A small bundle or package, q. V. In an indictment, may not sufficiently describe property alleged to have been stolen.' 2. A piece of land of indeterminate extent, but usually n

See Coparcenary.

Sheepskin dressed for writing. Formerly, extensively used for preserving evidence of grants and commissions issued by government, of judicial records, and of private conveyances of

^ Forgiveness, release, remission.* An act of grace, proceeding from tile power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from

The lawful father, or the mother, of another person. Compare Parens. Parent and child. The relation or status subsisting between father, or mother, and offspring; as, in speaking o

See Carrier, Common; Sleeping-oak.

See Parish, 1.

' 1. Anciently, the pleadings in a cause were viva voce, and thence called " the parol." See Ore Tenus. 2. Not committed to writing: that is, oral, verbal; also, -written but not s

See Homicide.

Not a " place of worship," although on land appurtenant to a church. 1

1. A share, a portion; a purpart. See Portion. Admission of a part involves an admission of the whole of a document; as, when ofie writing refers to another. This includes all the

! Pertaining to a distinct thing, person or party. 1. Involving title to a part only of the •whole inheritance: as, a particular estate, which is precedent to an estate in remain-

See Party.

An apportioning: partitioning, partition. From partiri, to divide, part. De partitione facienda. Regarding a partition to be made; for dividing land. A ■writ of partition is someti

Where two or more jointtenants, coparceners, or tenants in common, agree to divide the lands so held among them, in severalty, each taking a distributive part.'' ■ L. partlcula, a

Compare Charter, 1, Party. 1. One who takes part in anything; a participant in an act, contract, or suit. 3. He or they by or against whom a suit is brought, whether at law or in e

1. To undergo an examination without being rejected: as, to pass an account. To examine and approve: as, to pass a title. ' Smith V. Swormstedt, 16 How. 303 (1853), cases. ' Shield

See Bank, 3 (3); Deposit, 3.

One who travels in some public conveyance by virtue of a contract, express or implied, with the carrier, as for the payment of fare or that which is accepted as an equivalent there

See Deceit; Trust, 1. Compare Active.

See Sea-letter. ' Waterman v. Philadelphia, 33 Pa. 208 (1859), Black, C. J.; Chumasero v. Potts, 2 Monta. 285 (1875); 3 Heisk. 442; 1 Paine, 261. ' Charless v. Lamberson, 1 Iowa, 4

Father. Compare Partus. Has been used in genealogical tables. Pater est (iuem nuptise demonstrant. The nuptials show who is the father. The marriage of the mother declares the pate

See Bastard; Filiation; Pater.

See Communication, Confidential, 1; Physician.

1. Belonging to a father; paternal. Patria potestas. Paternal authority: the power which, under Roman law, the head of a family (paterfamilias) had over that family. Continued to t

See Homicide. ' Hadley, Roman Law, 107, 119. ^Hadley, Roman Law, 119-122, 1.30, 140, See also Maine, Ancient Law, 130-141; 1 Bl. Com. 452, 444; Macksldey, Rom. Law, § 589.

Property received from one's father, or ancestors. Whence patrimonial. See Descent.

To act as a patron toward, i The patrons of a house of ill-fame cannot be said to be those who are occupied in the house or about the premises.^

1. L. adj. Providing little: having little; indigent, needj', poor. In forma pauperis. In the character of a poor man; as a poor suitor. "Raupers, or such as will swear themselves

To cover with stones, brick, or other suitable material, so as to make a level or convenient surface for horses, carriages, or foot-passengers.'' Re-flagging may be " re-paving." '

To discharge an obligation by a performance according to its terms or requirements, whether the obligation be for money, merchandise, or services.^ To deliver to a creditor the val

i 1. A royal privilege, or ' branch of the king's prerogative, subsisting in the hands of a subject.^ A special privilege conferred by government upon individuals, and which does n

; PRElfDEE. F. To take, seize. The right to take a thing before it is offered. Whence " it lies m prendre, but not in render.'" See Profit, A prendre.

A written statement, in legal form, of what has been said and done in the presence of an ofS.cial, and of what he does in the matter.^

1. A person who, in a popular or penal action (3. v.), prosecuted offenders in the name of the crown and of himself. He was a common informer; he promoted charges. ^ 2. A person wh

That which is provided, arranged, or stipulated for: as, the provisions of a contract, of a will, of a constitution, statute, treaty. A rule or doctrine established by judicial dec

Temporary; for the time being: as, a provisional — assignee, com- ■ mittee, court, injunction or other remedy. PEOVISIOIfS. See Geoceeies; Health; Maeket; Perishable. The "provisio

6 A state of 'quiet or tranquillity; freedom from disturbance, or agitation; calm; repose.' 1 The Kimball, ante; 8 Conn. 473; 37 id. 559. ' Musson V. Lake, 4 How. 374-75 (1846), ca

Compare Possible. An agreement to locate a railway station " at the nearest practicable point " within a mile of a courthouse was held not to intend the nearest possible point, hut

" Taking, receifring; enjoyment. Pernancy of the profits of an estate is the taking, perception, or receipt of the rents and other advantages arising therefrom. See Perception. Per

Appropriation of public money or goods; embezzlement of public funds. One of the purposes of the New York act of 1875, c. 19, as the word "peculation" in its title indicates, and p

Y.5 Pertaining to money; monetary. A pecuniary loss is of money or of something by which money, or a thing of money value, may be acquired.^ In Rhode Island, a divorce may be had f

Originally, a foot-trader; by custom, a person who travels from place to place, and carries about with him on his back, on horseback, or in a vehicle, articles of merchandise for s

See Road, 1, Law of; Sidewalk.

The lineage, descent or succession of families. All authorities agree that this may be proved by reputation, that is, by hearsay. The term embraces not only descent and relationshi

4 Going around the boundaries of land, with witnesses, to determine and preserve recollection of its extent, and to see that no encroachments have been made and no land-marks remov

See Injunction; Peace, 3, Articles of; Peoof.

* An equal in rank or condition: as, in " trial by one's peers.'' In early times the lord was legislator and judge over all his feudatories; and, therefore, the vassals of inferior

Fr. Punishment, penance; also, prison (prisone). Peine forte et dure. Punishment severe and hard; or prison hard and strong. The name of the punishment inflicted upon a prisoner wh

' Pertaining to, prescribing, or incurring punishment; with a penalty attached. Penal action. A suit for a penalty. Penal bill. See Penal Sum. Penal clause. The words in a statute

^ A prison or place of punishment; ^ any place designed for the confinement of convicts; a State's prison. By statute 19 Geo. Ill (1779). all offenders liable to transportation may

IO 1. (1) In Gray's Inn, an assembly of the members of the society to '* consult " over their affairs. (2) An annual payment due from each member. A " pension writ " was a sort of

The body of rules, whether of practice or of pleading, whereby rights are efifeotuated through the successful application of proper remedies. Opposed to the sum of the legal princi

One's own; individual. Propria persona. In his own person; personally. Abbreviated p. p. Applied to an appearance made, a pleading filed, or other thing done in court by a party "

Ordinarily, the entire body of the inhabitants of a State. In a political sense, that portion of the inhabitants who are intrusted with political power; the qualified voters. 3 The

On account, of; by Teason of; owing to; for. Propter aflfectmn. Because of favorable inclination. Propter defectum. For incompetency. Propter delictum. For criminal conduct. See Ch

6 To carry on a judicial proceeding; in particular, a proceeding of a criminal nature. Prosecute with effect. To carry on, with due diligence, to a final issue or judgment, and wit

Taking, receiving; pernancy, q. v. "Perception of rents and profits is the mortgagor's right until a final determination of the right to sell [by the mortgagee], and a sale made ac

See Aqua, Currit, etc. May refer to any flowage of sub-surface water, other than that of a running stream, open, yi Bible, clearly traceable."

! Pinal, determinate,; without hope of renewing or altering.' That for which no reason is or need be assigned; not admitting of contention or controversy; final; positive; absolute

Complete; also, to make complete: as, a perfect obligation, a perfect title; to perfect^ an appeal, bail, a copyright, a deed, an invention, qq. v. Whence imperfect. If e^ccepted t

io 1. Accomplishment, fulfillment, consummation, discharge. Specifically, doing as one has agreed; also, the thing itself as done; and, also, discharge of the obligation. Opposed n

Any portion of complete time. Designating an act to be done or to be begun, though its completion may take an uncertain time, it means the day when the ' New York Paper-Bag Machine

See Res, Perit, etc. Perishable. Subject to speedy and natural decay. But where, as in the case of a levy upon personalty, the time before a sale can be made is necessarily long, m

2 When a lawful-oath is administered, in some judicial proceeding, to a person who swears willfully, absolutely, and falsely, in a matter material to the issue or point in question

8 Is more positive than "allow " or " suffer: '' denotes a decided assent.*" Implies assefit given or leave granted.' May mean "sufl Eer."8 Includes knowledge of what is to be done

See Accomplice. May include an artificial person, as, a, railroad company."

'* Unlimited in time; continuous: as, a perpetual — injunction, lease, statute, succession, qq. v. A grant of perpetual succession to a corporation does not mean that the corporate

To cause to endure indefinitely; to preserve from the contingency of loss or extinction. ' Newton v. Commissioners, ante. " Harris v. Shaw, 13 111. 465 (1851). » Mead v. Ballard, J

1. Of the sovereign! absolute immortality in his political capacity. ' 3. The settlemeht of an interest in property, which will go in the succession prescribed, without any power o

Persons in law are either natural or artificial. Ifattiral persons are such as the God of nature formed us; artificial persons, such as are created and devised by human laws for th

A person. See Actio, Personalis; Delectus, Desceiptio, Personse: In, Personam, Propria, etc.; Mobilia.

See Influence. To "inveigle, persuade, or entice" a child into involuntary servitude, necessarily implies assent yielded as the result of the persuading or enticing, by whom- ■ See

Relevant; materially relevant. Opposed, impertinent. Said of evidence which is useful in proving a cause of action or a defense. See Impertinence; Eelevant. PETIT; PETTY.2 Small, l

Requesting, seeking: petition. Petitio prineipii. A begging of the question: assuming as conceded or settled the question at issue.^

Formal written application to a superior for the exercise of his authority. See Petitio. An application, in writing, to bring before a court a matter in regard to which judicial ac

See Minekai; Oil; Wager, Contract.

f 1. A practitioner of law vchose business is chiefly confined to petty causes. 3. One who pretends to practice law, but is without either knowledge of the law or conscience.8 1 1

See Petit.

See Church. In the United States, pews belong to the legal owners of the church building. The right of an individual holder is not partial ownership of the building itself. The sal

See Druggist. PHOTOGrRAPHER. Any person who makes for sale photographs, ambrotypes, daguerreotypes, or pictures, by the action of light.4 An artist who takes impressions or likenes