Black's Law Dictionary

See Dividend.

See Stock.

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. —P

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 untli she is delivered.

See Negative Pregnant.

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.

A clergyman of a superior} order, as an archbishop or a bishop, having authority over the lower clergy; a dignitary of the church. Webster.

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

Introductory; initiatory; preceeding; temporary and provisional; as preliminary examination, injunction, articles of peace, etc. —Preliminary act. In English admiralty practice. A

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 s

The examination of a person charged with crime, before a magistrate, as above explained. See In re Doiph, 17 Colo. 35, 28 Pac. 470; Van Buren v. State, 65 Neb. 223, 91 N. W. 201,

See Injunction.

See Preliminary.

To think of an act beforehand; to contrive and design; to plot or lay plans for the execution of a purpose. See Deliberate.

An intention to kill unlawfully, deliberately formed in the mind as the result of a determination meditated upon and fixed bsfore the act. State v. Gin Pon, 16 Wash. 425, 47 Pac. 9

The act of meditating m advance; deliberation upon a contemplated act; plotting or contriving; a design formed to do something before it is done. See Sinte v. Spivey, 132 N. C. 989

A principal minister of state; the prime minister.

That which is put before; that which precedes; the foregoing statements. Thus, in logic, the two introductory propositions of the syllogism are calied the "premises," and from them

Lat. Reward; compensation. Prwmium asseourationis, compensation for insurance; premium of insurance. Locc. de Jur. Mar. lib. 2, c. 5, § 6. —Premium emancipationis. In Roman law. A

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

See Præmunire.

In Spanish law. Pledge. White, New Recop. b. 2, tit 7.

L. Fr. In old English law. A taking of husband; marriage. An exception or pica which might be used to disable a woman from pursuing an appeal of murder against the killer of her fo

L. Fr. To take. The power or right of taking a thing without waiting for it to be offered. See A Prender.

Forethought; preconcoiv-ed; premeditated. See Territory v. Banni-gan, 1 Dak. 451, 46 N. W. 597; Pcople V. Clark, 7 N. Y. 385.

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 "we

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 English law. A court established for the trial of ali testamentary causes, where the deceased left bono motabilia within two different dioceses; in which case the probate of wil

That part of the common law of England which is more particularly applicable to the king. Com. Dig. tit "Ley," A.

Those issued by the exercise of the extraordinary power of the crown (the court, in modem practice) on proper cause shown; namely, the writs of procedendo, man-damus, prohibition,

Ll. Fr. Near. Cy pres, so near; as near. See Cy Pres.

Lat. In civil and ecclesiastical law. An elder; a presbyter; a priest Cod. 1, 3, 6, 20; Nov. 6.

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,

That to which a right may be acquired by prescription.

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

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; Gayet

The statute 2 & 3 Wm. IV. c. 71, passed to limit the period of prescription in certain cases.

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.

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 construct

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 estat

In ecclesiastical law. QSie act of a patron or proprietor of a llving in offering or presenting a clerk to the ordinary to be instituted in the benefice. —Presentation office. The

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 liv

In ecclesiastical law. A clerk who has bcen presented by his patron to a bishop in order to be instituted in a church.

The immediate or present possession and use of an estate or property, as distinguished from such as is postponed to a future time.

One that presents.

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.

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.

Immediately; now; at once. A right which may be exercised "presently" is opposed to one in reversion or remainder.

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

The present Instrument The phrase "these presents" is used in any legal document to designate the instrument in which the phrase itself occurs.

One which has an immediate existence, and is at once operated upon by the statute of uses.

Keeping safe from harm; avoiding injury, destruction or decay. This term always presupposes a rcal or existing danger. See Gribble v. Wilson, 101 Tenn. 612, 49 S. W. 736; Neuendorf

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.

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

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 sinte appoints, in such manner as the le

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 transactio

The official title of the chief executive officer of the federal government in the United States.

An annuui communication from the president of the United States to congress, made at or near the beginning of each session, embodying his views on the state and exigencies of natio

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. Metaph

See Impressment.

See Peinb Forte et Dure.

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.

In old English law. A payment or performance; the rendering of a service.

A sum of money paid by archdeacons yearly to their bishop; also purveyance, Cowell.

In canon law. A fund or revenue appropriated by the founder for the subsistence of a priest, without being erected into any title or benefice, chapel, prebend, or priory. It is not

A payment which binds those who receive It to be ready at all times appointed, being meant especially of soldiers. Cowell.

See Præsumptio; 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 t

A presumption or 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 pe

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

Resting on presumption; created by or arising out of presumption ; inferred; assumed; supposed; as, "presumptive" damages, evidence, heir, notice or title. See those titles.

A term occasionally used as the equivalent of "exemplary" or "punitive" damages. Murphy v. Hobbs, 7 Co.lo. 541, 5 Pac. 119, 49 Am. Rep. 366.

This term has several meanings in law. (i) Any evidence which is not direct and positive; the proof of minor or other facts incidental to or usually connected with the fact sought

Implied actual notice. The difference between "presumptive" and "constructive" notice is that the former is an inference of fact which is capable of being explained or contradicted

A barely presumptive title, which ls of the very lowest order, arises out of the mere occupation or simple possession of property, (jus possessionis,) without any apparent right, o

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 sam

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

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 u

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. 696. As to the rule

See False PRETENSE.

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 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 f

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.

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.

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.

Not agreeable to law; exceeding the limits of law; not legal.

One which was available to a party and of which he might have had the benefit if he had pleaded it in due seasoq, but which cannot afterwards be heard as a basis for affirmative re

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 lik

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 th

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 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.

A mortuary, (g. vt)

The price stands in the place of the thing sold. 1 Bouv. Inst. no. 939; 2 Bulst. 312.

In Scotch law. A courthouse or hall of Justice. 3 How. State Tr. 425.

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

In the civil law. Deceitful, crafty, or unfaithful conduct; particularly, such as is manlfested in concealing a crime. Dig. 47, 15, 6. In English law. A collusion betwcen an inform

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;

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

The statute 34 & 35 Vlct. 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 convicte

One which prohibits the defendant from doing a particular act or commands him to refrain from it.