A Law Dictionary, Adapted to the Constitution and Laws of the United States

Eng. ay is the exhibiting of any action, real or personal, in writing; the party maki his plaint is called the plaintiff.

practice, he who, in a personal action, seeks a remedy for an injury to his rights. Ham. on Parties, h. t.; 1 Chit. Pi. Index, h. t.; Chit. Pr. Index, h. t.; 1 Com. Dig. 36, 205, 3

in practice, is the defendant’s answer by matter of fact, to the plaintiff’s declaration. It is distinguished from a demurrer which opposes matter of law to the declaration. Steph.

(SHAM.) A sham plea is one which is known to the pleader to be false, and is entered for the purpose of delay. There are certain pleas of this kind, which in conseuence of their ha

as distinguished from a plea in avoidance, is one which admits the demand, and instead of avoiding the matter of fact. Such are pleas of payment, release and the like.

is one which admits the demand or complaint stated in the declaration, but excuses the non-compliance of the laintiff’s claim, or the commission of the act of which he complains, o

is one in which the defendant professes purposely to have done the acts which are the subject of the plaintiff’s suit, in order to exercise that right which he considers he ceives

pleading. It was anciently necessary to find pledges or sureties to prosecute a suit, and -the names of the pledges were added at the foot of the declaration; but in the course of

practice. The plaintiff has not found pledge. The return made by the sheriff to a writ directed to him with this clause, namely, si A facerit B securum de clamore suo guishes robbe

pleading, is a plea in bar entered by an executor or administrator by which he afhrms that he had not in ins possession, at the time of the commencement of the suit, nor has had at

is an allowance made to a rural tenant of wood sufficient for ploughs, harrows, carts, and other instruments of husbandry.

mar. law. The embezzlement of goods on board of a ship, is known by the name of plunderage. ‘The rule of the maritime law in such cases is, that the whole crew shall be responsible

in practice, is a term by which a writ issued subsequently to an alias of the same kind is denominated. The pluries writ is made by adding after we command you, the words, “ as oft

in the Scotch law, is that diligence, affecting movable subjects, by which their property is carried directly to the creditor. Poinding is real or personal. Ersk. Pr. L. Scot. 3, 6

PERSONAL, in the Scotch law, is a poinding of the goods belonging to the debtor, and of those goods only. It may have for its warrant either letters of horning, containing a clause

REAL, or poinding of the ground, in the Scotch law, though it be properly a diligence, is generally considered by lawyers as a species of real action, and is so called to distingui

construction. Marks in writing and in print, to denote the stops that ought to be made in reading, and to point out the sense. Points are not usually put in legislative acts or in

crim. law. Those substances which, when applied to the organs of the body, are capable of altering or destroying, in a majority of cases, some or all of the functions When administ

in contracts, is an instrument in writing by which the contract of insurance is effected and reduced into form. The term policy of insurance, or assurance, as it is sometimes calle

A head. Hence poll tax is the name of a tax imposed upon the people at so much a head. To poll a jury is to require that each juror shall himself declare what is his verdict.

the place where electors cast in their votes.

crim. law, is the act of a person who knowing he has two or more wives, or she has two or more husbands living, marries another. It ditfers from bigamy, (q. v-) Com. Dig. Justices,

English practice, is an original writ issuing out of chancery for the purpose of removing a plaint from an inferior court into the superior courts at Westminster. The word signifie

A contribution towards the maintenance, rebuilding taken for this purpose also bears this name. Obsolete.

punishment. An action given by statute to any one who will sue for the penalty. A qui tam action.

A place to which the officers of the customs are appropriated, and which include the privileges and guidance of all members and creeks which are allotted to them. 1 Chit. Com. Law,

Engl.law. In some places in England an officer bearing this name is the chief magistrate of a port town. Jacob’s Dict. - t.

is that part of a parent’s estate, or the estate of one standing, in loco parentis, which is given to a child. 1 Vern. 204. Vide 8 Com. Dig. 539; 16 Vin. Ab. 432; 1 Suppl. to Ves.

merc. law. By this phrase is understood the money paid for the privilege of bringing goods into a port.

This word is used substantively to signify a possibility. ‘sibly be; when the thing is in being, the phrase to express it, is, tn ease, = Vv.)

These latin words signify the power of the county; the sheritf has authority by the common law while acting under the authority of the writ of the United States, commonwealth or pe

_ the brother’s possession. This is a By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own en

is an uncertain thing which may or may not happen, Lilly’s Reg. h. t.; or it is a contingent interest in real or personal estate. 1 Madd. Ch. 549. Possibilities are near, as when a

To date an instrument a time after that on which it is made. Vide Date.

Engl. law. and tenements by force of a novel disscisin, is again disseised by a former disseisor. Jacob.

maritime lar. When a merchant makes an entry on the importation of goods, and at the time he is not able to calculate exactly the duties which he is liable to pay, gave rise to the

rights. Being or coming after. It is a word of comparison, the correlative of which is priority: as, when a man holds lands from two landlords, he holds from his ancient landlord b

descents. Allthe descendants of a person in a direct line.

after the fact. Vide Ez post facto.

is one born after the death of its father, or when the czesarian operation is performed, after that of the mother. Posthumous children are entitled to take by descent as if they ha

is that right in virtue of which persons and things taken by the enemy are restored to their former state, when coming again under the power of the nation to which they belong. Vat

or Deputy Postmaster, is an officer of the United States appointed by the postmaster general to hold his office during the pleasure of the former. Before entering on the duties of

The chief officer of the post-office department of the United States. Various duties are imposed upon this officer by the acts of congress of March 3, 1825, and July 2, 1836, which

Born atter. This term is applied to persons who came to reside in the United States after the declaration of independence. They are gencrally considered aliens, unless they become

An office established by congress for the conveyance of letters, newspapers, pamphlets, and the like, from one part of the United States to another. The constitution of the United

weight. There are two kinds of weights, namely, the troy, and the avoirdupois. The pound avoirdupois is greater than the troy pound, in the proportion of seven thousand to five tho

Engl. law. A place enclosed to keep in strayed animals.

money, the sum of twenty shillings. Previous to the establishment of the federal currency the different states made use of the pound in computing money; it was of different value i

common law, a denomination of money of Great Britain. To be computed in the ad valorem duty upon goods, &c. at the rate of four dollars and fortyfour cents. Act of March 2, 1799, s

practice, is the act of a creditor who declares his dissent to a debtor’s being discharged under the insolvent laws.

The torm, manner and order of conducting and carrying on suits or prosecutions in the courts throuch their various stages, according to the principles of law, and the rules laid do

French law. This expression is used to desivnate those ordinances which concern the most important objects of the civil or ecclesiastical administration. Merl. Reépert. h. t. In th

Engl. law, to wam. ‘The name of a writ, pramunire facias prafutum A B, quod tunc sit coram nobis, &c. Co. Litt. 129. PR/AETOR, civil law. The name of an officer appointed to admini

chanc. pleadings, is that part of a bill which asks for relief. The skill of the solicitor is to be exercised in framing this part of plicated cases, requires great discernment and

a preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Pr

Glou. 2 In. 277.

is the right of being first placed in a certain order; the first rank being supposed the most honourable. In this country no precedence is given by law to men. Nations, in their mt

are the decisions of courts of justice: when exactly in point with a case before the court, they are generally held to have a binding authority, as well to keep the scale of justic

pleading, is a technical allegation contained in a replication which denies or confesses and avoids the plea. It is usually in the following form: “ And the said A B, as to the ple

is an engagement entered into by a person, which renders him unable to enter into another; as a promise or covenant of marriage to be had afterwards. When made per verba de present

intern. law. The right of pre-emption is the right of a nation to detain the merchandize of strangers passing through her territories or seas, in order to afford to her subjects th

So many Statutes, Acts of State, Records, Law Books, and MSS. are extant in the Norman and old French language, that a dictionary is become necessary to enable the reader to unders

French law. A chicf officer invested with the superintendence of the administration of the laws in each department. Merl. Reépert. h. t.

Vide Insolvent; Priority.

That which is put before. ‘ This word has several sicnifications; sometimes it means the statements which have been before made; as, I act upon these premises; it signifies a forma

estates. Lands and tenements are usually called premises, when particularly spoken of; as, the premises will be sold without reserve.

conveyancing, is that part in the beginning of a deed, in which are set forth the names of the parties, with their titles and additions, and in which are recited such deeds, agreem

the same as afore-

civil law, is time, and under the conditions rethe privilege, pre-eminence, or ad- gulated by law. For the law relating vantage which one person has over ere to prescription in tha

English law. rrr term in the civil law, see 1 Bro. Civ. The royal prerogative is an arbitrary Law, 246. Vide Limitations. power vested in the executive to do PRESENCE. The existenc

contracts, is the production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for paymen

is an officer of a company who is to direct the manner in which business is to be transacted. From the decision of the president there is appeal to the body over which he presides.

civil law, is the omission by a testator of some one of his heirs who is entitled to a legitime, (q. v.) in the succession. Among the Romans, the preterition of children when made

An imaginary value put upon a thing by the fancy of the owner in his affection for it, or for the person from whom he obtained it. Bell’s Dict. h. t.

French law, is the right of a judge to take cognizance of an action over which he has concurrent jurisdiction with another judge. In Pennsylvania it has -been ruled that a justice

contracts, is the consideration in money given for the purchase of a thing. The true price of a thing is that for which things of like nature and quality are usually sold in the pl

The first bill of exchange, indorsed in blank, is prima facie its owner.

merc. law. A duty payable to the master and mariner of a ship or vessel; to the master for the use of his cables and ropes to discharge the goods of the merchant; to the mariners f

eccles. law. An archbishop who has jurisdiction over one or several other metropolitans.

the state of being first born; the eldest. Formerly primogeniture gave a title in cases of descent to the oldest son in preference to the other children; this unjust distinction ha

crim. law. A principal is one who is the actor in the tn the first degree, are those who have actually with their own hands committed the fact.—2. Principals in the second degree,

going before’; opposed to posteriority, (q- v-) He who has the precedency in time has the advantage in right, is the maxim of the law; not that time, considered barely in itself, c

warz,:is a vessel owned by one or by a society of private individuals, armed and equipped at his or their.expense, for the pur-. ose of carrying on a maritime war, by the authority

woman is pregnant, but not quick with child, (q.v.); and vide Wood’s Inst. 662.; Enciente; Fatus; Pregnancy..

are persons who are _partakers, or have an interest in any action or thing, or any relation to another. Weod, Inst. b. 2, c. 3, p- 255; 2 Tho. Co. Litt. 506; Co. Litt. 271 a. There

Engl. law, the for making a charge against the acname of a court which has jurisdic- cused, however malicious the intention of all captures made in war on tion of the accuser may h

MESNE, in practice; by this term is generally understood any writ issued in the course of a suit between the original process and execution.

more correctly prochain amt. Next friend. He who, without being appointed guardian, sues in the name of an infant for the recovery of the rights of the latter, or does such other a

practice, is the declaration made by the cryer, by authority of the court, that something is about to be done. It usually commences with the French word Oyez, do you hear, in order

is the generation of children; it is an act authorised by the law of nature: one of the principal ends of marriage ts the procreation of children. Inst. tit. 2, in pr. N

is one appointed to represent in judgment the party who empowers him, by writing under his and ecclesiastical law. The proctor is somewhat similar to the attorney. Ayl. Parerg. 421

French law, is the act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.

eccles. lav, are certain sums of money which ao priests pay yearly to the ishops or archdeacons ratione visttationis. X 3, 39, 25; Ayl. Parerg. 429; 17 Vin. Ab. h. t, p. 544.

the proxy or instrument by which a proctor is constituted and appointed.

civil law, persons. Prodigals were persons who, though of full age, were incapable of managing their affairs, and of the obligations which attended them, in consequence of their ba

_ treasonably.— This is a technical word formerly used in indictments for treason, when they were written in latin. PROFANENESS or PROFAN-

practice, is the name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the s

evidence. When a defendant has been arrested, he is frequently induced to make confession in consequence of promises made to him, that if he will tell the truth, he will be either

civil law, is a ee quasi contract, by which he who receives a certain sum of money, or a certain quantity of fungible things, te which have been paid to him through mistake, contra

practice, is the conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged; as, to prove, is to determine does not ex