Black's Law Dictionary

Trees which have been lopped; distinguished from timber-trees. Plowd. 649.

In the civll law. An offer not yet accepted by the person to whom It is made. Langd. Cont § 1. See,McCui-loch v. Eagle Inn. Co., 1 Pick. (Mass.) 283.

In Hindu law. The head of a vlllage or district; also a military chieftain in the peninsula, answering to .a hill zemindar in the northern drears. Wharton.

To poll a jury is to require that each juror shall himself declare what is his verdict

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. Cowell. A similar personui

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

A capitation tax; a tax of a specific sum levied upon cach person within the jurisdiction of the taxing power and within a certain class (as, all males of a certain age, etc.) with

An old abbreviation for the words "ponit loco suo," (puts in his place,) used in warrants of attorney. Townsh. PL 481.

The civll condition of having more husbands than one to the same woman; a social order permitting plurality of husbands.

3 Inst. 88. Polygamy is the marriage with many husbands or wives at one time.

In criminal law. The offense of having several wives or husbands at the same time or more than one wlfe or husband at the same time. 3 Inst. 88. And see Reynolds v. U. S., 98 U. S.

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.

insanity arising from an inflammation of the nerves, of the kind called "polyneuritis" or "multiple neuritis" because it involves several nerves at the same lime. This is often pre

In old pleading. An apple-tree; an orchard.

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

Witnesses are weighed, not counted. 1 Starkie, Ev. 554; Best, Ev. p. 426, § 389; Bakeman v. Rose, 14 Wend. (N. Y.) 105, 109.

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. C

The king's weight; the standard weight appointed by the king. Cowell.

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 p

An old writ directing a sheriff to impanel a jury for an assise or real action.

A writ commanding that a prisoner be bailed in cases ballable. Reg. Orig. 133.

A writ by which justices were required to put their seals to excoptions exhibited by a defendant against a plaintiff's evidence, verdict or other proceedings, before them, accordin

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 fr

Lat. To put, placo, lay or set Often used in the Latin terms and phrases of the old law.

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."

In old English law. Duty paid for the reparation of bridges; also a due to the lord of the fee for persens or merchandises that pass over rivers, bridges, etc. Cowell.

An old writ directed to the sheriff, commanding him to charge one or more to repair a bridge.

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 con

Agreements bstween competing railways for a division of the traffic or for a pro rata distribution of their earnings united into a "pod" or common fund. 15 Fed. 667, note. See Pool

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,

An oath allowed, in come jurisdictions, to a person who is arrested for debt. On swearing that he has not property enough to pay the debt, he is set at liberty.

That part of the law which relates to the public or compulsory relief of paupers.

The English official body appointed under St. 10 & 11 Viet. c. 109, passed in 1847, to take the place of the poor-law commissioners, under whose control the general management of t

In English law. A tax levied by parochial authorities for the relief of the poor.

The bishop of Rome, and supreme head of the Roman Catholic Church. 4 Steph. Comm. (7th Ed.) 168-185.

The first fruits (primitiœ or annates) were the first year's profits of ali the spiritual preferments in the kingdom, according to a rate made by Walter, bishop of Norwich, ip the

The religion of the Roman Catholic Church, comprehending doctrines and practices.

The Vulgar ; the multitude.

An action for a statutory penalty or forfeiture, given to any such per sen or persons as will sue for it; an action given to the people in general. 3 Bl. Comm. 160.

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

Lat. In Roman law. A law enacted by the people; a law passed by an assembly of the Roman pcople, In the comitia centuriata, on the motion of a senator; differing from a plebiscitum

Lat. In Roman law. The people; the whole bsdy of Roman citizens, including as well the patricians as the plebeians.

In Spanish law. A part or portion; a lot or parcel; an allotment of land. See Downing v. Diaz, 80 Tex. 486, 16 S. W. 49.

Producing for examination or taxation, as porrecting a blll of costs, by a proctor.

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, whe

In English law. The generic name for port duties charged to ships. Harg. Law Tract, 64.

Pecuniary exactions upon vessels avniling themselves of the commercial conveniences and privileges of a port.

In old Scotch practice. A roll or catalogue containing the names of indicted persons, delivered by the Justice-clerk to the coroner, to be attached and arrested by him. Otherwlse c

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; as the door-keeper of

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 ls now abolished. Also the charge made for

The chief magistrate of a sea-port town is sometimes so called.

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, with

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

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

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 llving; also an allowance which

One who receives a portion; the allottee of a portion. One of two or more incumbents of the same ecclesiastical benefice.

The burgesses of Ipswich and of the Cinque Ports were so called.

In old English law. A court held in ports or haven towns, and sometimes in inland towns alse. Cowell; Blount.

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

In maritime law and marine insurance, the term includes bath ports which constitute the termini of the voyage, the home-port and the foreign port to which the vessel is consigned,

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. Cro

In the civll law. Duties paid in ports on merchandise. Taxes levied in old times at city gates. Tolis for passing over bridges.

An officer maintained in some ports to oversee the administration of the local regulations ; a sort of harbor-master.

In marine insurance. A risk upon a vessel while lying in port, and before she bas taken her departure upon another voyage. Nelson v. Sun Mut. Ins. Co., 71 N. Y. 459.

In old English law. An auction; a public sale of goods to the highest bidder; also a sale of fish as seon as it is brought into the haven. Cowell.

The suburbs of a city, or any place within its jurisdiction. Somner; Cowell.

2 Inst. 148. A port is a place where goods are exported or imported.

Laid down, enacted or prescribed. Express or affirmative. Direct, absolute, explicit As to positive "Condition," "Evidence," "Fraud," "Proof," and "Servitude," sce those titles.

Direct proof of the fact or point in issue ; evidence which, if believed, establishes the truth or falsehood of a fact in issue, and does not arise from any presumption. It is dist

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 juri

The commission of something which ought not to be done ; that is, misprision in the first and second of the specific meanings given above. In practice. A clerical error or mistake

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

One of two opposite positions being affirmed, the other is denied. 3 Rolle, 422.

Lat. A possibility. A thing is said to be in posse when it may possibly be; in esse when it actually is.

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 k

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,

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. Tv. 335; Poph. 76; Dyer, 369.

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 i

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 him

In the civil law. The possession of goods. More commonly termed "bonorum possessio," (q. v.)

In Roman law. A legal possession i. e., a possessing accompanied with the intention to be or to thereby become owner; and, as so understood, it was distinguished from "possessio na

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

The brother's possession of an estate in fee-simple makes the sister to be heir. 3 Coke, 41; Broom, Max. 532.

See Usucapio.

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 q

See Possessio Civilis.

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

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 othe

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 o

Peaceable possession for sixty years gives a right. Jenk. Cent. 26.

One who possesses; one who has possession. —Possessor boua fide. He is a bona fide possessor who possesses as owner by virtue of an act sufficient in terms to transfer property, th

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 fid

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 defec

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 land

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

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.

In Scotch practice. A judgment which entities a person who has uninterruptedly been in possession for seven years to continue his possession until the question of right be decided

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 clien

Lat. Possibility; a possibility. Possibilitas post dissolutionem executionis nunquam reviviscatur, a possibility will never be revived after the dissolution of its execution. 1 Rol