The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 950 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
A toll for passage througli another's land.
In old records. To pay.
A restitution anciently made by a hundred or county for any wrong done by one that was within the same. Lambard, Arch. 125.
A measure of length, containing two feet and a half. The geometrical pace is five feet long. The common pace is the length of a step; the geometrical is the length of two steps, or
VIS et injuria. Force and wrong are especially contrary to peace. Co. Litt. 161. PACIFICATION (Lat. pax, peace, facere, to' make J. The act of making peace between two countries wh
- Packdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
To deceive by false appearances; to counterfeit; to delude; as, packing a jury. See "Jury;" Bac. Abr. "Juries" (M); 12 Conn. 262.
The name for a consignment of goods, consisting of one large parcel made up of several small ones, each bearing a different address, collefted from different persons by the immedia
- Pactdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In civil law. An agreement made by two or more persons on the same subject, in order to form some engagement, or to dissolve or modify one already made. Conventio est duorum in ide
QUAE NEQUE contra leges, neque dolo male inlta sunt, omni modo observanda sunt. Contracts Code, 2. 3. 29; Broom, Leg. Max. (3d London Ed.) 624.
Agreements give the law to the contract. Halk. Max. 118. PACTA PRIVATA JURI PUBLICO DErogare non possunt. Private contracts cannot derogate from the public law. 7 Coke, 23. PACTA Q
In international law. Contracts between nations which are to be performed by a single act, and of which execution is at an end at once. 1 Bouv. Inst, note 100. PACTIS PRIVATORUM JU
A robber; a foot highwayman. PA6A (Spanish). In Spanish law. Payment. Las Partldas, pt. 5, tit. 14, lib. 1, pagamento, satisfaction.
In~ commercial law. A denormination of money in Bengal. In the computation of ad valorem duties it is valued at one dollar and ninety-four cents. Act March 2, 1799, § 61 (1 Story,
See "Peine Forte et Dure."
BILLS OF. See "Bill of Pains and Penalties."
A legislative practice, said to have originated in the time of Cromwell, whereby legislators of opposite opinions agree not to vote on a given measure. Usually resorted to in order
or PAYS. A French word, signifying "country." In law, matter in pais is matter of fact, in opposition to matter of record; a trial per pais is a trial by the country, — that is, by
CONVEYANCES IN. In old English law. Ordinary conveyances between two or more persons in the country, i. e^ upon the land to be transferred.
- Palace Courtdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In English law. A court which had jurisdiction of all personal actions arising between any parties within twelve miles of Whitehall, not including the city of London. It was erecte
A duty to lords of manors for exporting and importing vessels of wine at any of their ports. Jacob.
- Palatinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Possessing royal privileges, See "County Palatine."
Formerly the court of common pleas at Lancaster, the chancery court of Lancaster, and the court of pleas at Durham, the second of which alone now exists. PALATIUM (Lat.) A palace.
In old English law. A merchant denizen; one born within the English pale. Blount.
In old English ents afterwards intermarried. The children, together with the father and mother, stood under a cloth extended while the marriage was solemnized. It was in the nature
A name given to the English statute 19 & 20 Vict. c. 16, enabling a person accused of a crime committed out of the jurisdiction of the central criminal court to be tried in that co
In old English law. Pood that swine fed on in the woods, as mast of beech, acorns, &c. which some called pawns. Cowell. A duty for feeding in woods. Pleta, lib. 2, c. 41, § 31.
in nemoribus et in srivis, ut puta, de glandibus, etc. A pannagium is a pasture of hogs, in woods and forests, upon acorns, and so forth. 1 Bulst. 7.
The act of impaneling a jury.
A blockade proclaimed, but not maintained by a naval force sufficient to render it efl Fective. See "Blockade."
In appellate practice. A book or paper, usually printed, containing a transcript or an abstract, as may be required, of all the evidence and proceedings submitted to the appellate
In English law. Days on which special arguments are to take place. Tuesdays and Fridays in term time are paper days appointed by the court. Lee, Diet.; Archb. Prac. 101.
The engagements to pay money which are issued by governments and banks, and which pass as money. Pardesus, Dr. Com. note 9. Bank notes are generally considered as cash, and will an
In English law. An ancient office in the palace of Whitehall, where all the public writings, matters of state and council, proclamations, letters, intelligences, negotiations of th
A claim of title unfounded in fact, but founded on a conveyance or chain of conveyances showing an apparently good title.
- Pardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
In common law. Equal. It is used to denote a state of equality or equal value. An equality of actual with nominal value. 9 Baxt. (Tenn.) 410, 99 Miss. 859; 35 L. R. A. (N. S.) 791;
The tenure between parceners, viz., that which the youngest owes to the eldest without homage or service. Domesday Book., PARAGE. Equality of blood, name, or dignity, but more espe
A part or section of a statute, pleading, affidavit, etc., which contains one article; the sense of which is complete. Wharton. mount especifie, above specified. Plowd. 209a. That
A norm of insanity, the principal characteristic of which is that the sufferer possesses insane delusions. 227 111. 192. PARAPH ERNA (Lat.) In civil law. Goods brought by wife to h
Belonging or pertaining to the parapherna.
- Paraphernaliadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
Apparel and ornaments of a wife, suitable to her rank and degree. 2 Bl. Comm. 435.
BIENS (Fr.) In French law. All the wife's property which is not subject to the regime dotal is called by this name, and of these articles the wife has the entire administration; bu
In the civil law, a conventicle or unlawful meeting. PARATITLA (Lat.) In civil law. An abbreviated explanation of some titles or books of the Code or Digest. PARATUM HABEO (Lat. I
In old pleading. This he is ready to verify.
- Paravaildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
Tenant paravail is the lowest tenant of the fee, or he who is the immediate tenant to one who holds of another. He is called tenant paravail because it is presumed he has the avail
- Parceldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
A part of the estate. 1 Comyn, Dig. "Abatement" (H 51), "Grant" (E 10). To parcel is to divide an estate. Bac. Abr. "Conditions" (0). The word "parcel" is not a sujfficient descrip
A parcel of land.
Two ofacers in the exechequer who formerly made the parcels or items of the escheators' accounts, wherein they charged them with everything they had levied for the sovereign's use
BILL OF. An account of the items composing a parcel or package of goods, transmitted with them to the purchaser.
The state or condition of holding title to lands jointly by parceners, before the common inheritance has been divided. See "Coparcenary, Estates in."
The daughters of a man or woman seised of lands and tenements in fee simple or fee tail, on whom, after the death of such ancestor, such lands and tenements descend, and they enter
- Pardondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
An act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a
A parent. This was the original and proper sense of the word. In the civil law, any relative in the direct ascending line, either male or female. PARENS EST NOMEN GENERALE AD omne
Kindred in the direct ascending line. See 2 Bouv. Inst, note 1955.
The lawful father and mother of the party spoken of. 1 Murph. (N. C.) 336; 11 Serg. & R. (Pa.) 93. The term "parent" differs from that of "ancestor;" the latter embracing not only
A progressive disease, manifesting itself at first by a slight loss of memory, dropping of words or carelessness as to dress or person, these conditions becoming more marked as the
The peers of the realm.
Similar things unite with similar. PARIBUS SENTENTIIS REUS ABSOLvitur. When opinions are equal, a defendant is acquitted. 4 Inst. 64.
In Spanish law. Relations. White, New Recop. bk. 1, tit. 7, c. 5, § 2.
In the civil law. A wall. Dig. 50. 16. 157.
In the civil law. A common wall; a party wall. Dig. 29. 2. 89.
A district of country, of different extents. In Ecclesiastical Law. The territory committed to the charge of a parson, or vicar, or other minister. Ayliffe, Par. 404; 2 Bl. Comm. 1
The children of poor persons in England who are bound by the overseers of the parish, with the consent of two justices. 2 Steph. Comm. 230.
A petty constable exercising his functions within a given parish. Mozley & W.
In Louisiana. A court established in each parish, having general probate jurisdiction, and a limited civil jurisdiction.
Church wardens, overseers, and constables.
IDEM jus. Of things equal, the reason is the same, and the same is the law. PARIUM JUDICIUM (Lat. the decision of equals). The right of trial by one's peers, i- e., by jury in the
To be quit of inclosing a park, or any part thereof. PARLE HILL (also called Parting Hill). A hill where courts were held in old times. Cowell.
(L. Pr.) To speak. Kelham. PARLIAMENT (said to be derived from parler la merit, to speak the mind, or parum lamentum). In English law. The legislative branch of the government of G
Persons (usually solicitors) who transact the technical business connected with passing private bills through parliament. They are required to sign a declaration and give security
Such taxes tinguished from those which are imposed by private individuals or bodies under the authority of an act of parliament. Thus, a sewers rate, not being imposed directly by
A parliament held at Coventry, 3 Hen. VI., wherein Edward, Earl of March (afterwards King Edward IV.), and many of the chief nobility were attainted, was so called; but the acts th
A parliament assembled at Oxford, 41 Hen. III., so styled from the madness of their proceedings, and because the lords came with armed men to it, and contentions grew very high bet
In most convents there has been a common room into which the brethren withdrew for conversation; conferences there being termed parliamentum. Likewise, the societies of the two tem
The par of the currencies of any two countries means the equivalence of a certain amount of the currency of the one in the currency of the other, supposing the currency of both to
In International Law. The agreement of persons who have been taken by an enemy that they will not again take up arms against those who captured them, either for a limited time or d
Words make the plea. 6 Mod. 458; Y. B. 19 Hen. VI. 48. PARRICIDE (from Lat. pater, father, and caedere, to slay). In civil law. One who murders his father; one who murders his moth
Equal to the damage.
In the civil law. Parricide; the murder of a parent. Dig. 48. 9. 9. PARS (Lat.) A party (to a suit). Pars actrix, a party plaintiff. Reg. Orig. 9a; Fleta, lib. 2, c. 63, § 11; Gier
In old practice. A party aggrieved; the party aggrieved. Hardr. 50; 3 Leon. 237.
- Parsondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In ecclesiastical law. One that hath full possession of all the rights of a parochial church. So called because the church, which is an invisible body, is represented by his person
A parsonage Is a house In which a minister of the gospel resides. 189 Mich. 408.
Part for the whole; the name of a part used to represent the whole; as the roof for the house, ten spears for ten armed men, etc. PARS RATIONABiLIS (Lat. reasonable part). That par
- Partdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Burrill (1850)Bouvier (1839)
A share; one of the portions equal or unequal into which anything is divided, or regarded as divided; a piece; a fragment, division, a member, a constituent, 9 111. App. 407; a pur
- Part And Pertinentdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
In Scotch law. A term in a conveyance including lands or servitudes held for forty years as part of, or pertinent to, lands conveyed, natural fruits before they are separated, wood
A loss of a part of a thing, or of its value, as contrasted with a total loss. In Maritime Law. Where this happens by damage to an article, it is also called a particular average (
- Particeps Criminisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A sharer or partaker in crime. Applied, also, to persons participating in an illegal or immoral transaction or contract not criminal. One _may he particeps criminis, and not in par
Every kind of expense or damage, short of total loss, which regards a particular concern, and which is to be wholly borne by the proprietor of that concern or interest alone. 2 Phi
See "Averment."
The assertions of particular facts. There must be an averment of every substantive material fact on which the party relies, so that if may be replied to by the opposite party. —^Ne
A custom which only affects the inhabitants of some particular district. To be good, a particular custom must have been used so long that the memory of man runneth not to the contr
An estate which is carved out of a larger, and which precedes a remainder; as, an estate for years to A., remainder to be for life; or an estate for life to A., remainder to B. in
A right which a person has to retain property in respect of money or labor expended on such particular property. See "Lien."
Malice against a particular person. See "Malice."
See "Bill of Particulars." PARTICULARS OF CRIMINAL charges. A prosecutor, when a charge is general is frequently ordered to give the defendant a statement of the acts charged, whic
When property such as land, houses, shares, reversions, etc., is to be sold by auction, it is usually described in a document called the "particulars" copies of which are distribut
In Pennsylvania pleading and practice. A statement particularly specifying the date of a promise, book account, note, bond (penal or single), bill, or all of them, on which an acti
The holder of a particular estate (q. v.).
- Partitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The division whicli is made between several persons of lands, tenements, or hereditaments, or of goods and chattels, which belong to them as coheirs or coproprietors. The term is m
One who is a member of a partnership (q. v.) Ostensible Partners. Those held out and known as partners, and who in reality are such. Secret Partners. Those whose relation to the pa
- Partnershipdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
The relation subsisting between two or more persons who have contracted together to share as common owners the profits of a business carried on by all or any of them on behalf of a