The Cyclopedic Law Dictionary

See "Plea." PLEA OF LIBERUIVl TENEMENTUM. A plea that at the time of the alleged trespass the plaintiffs were in the lawful possession of the premises as tenants of the defendant.

A plea of set-off is in the nature of a cross-action, and the same principles apply as in the case of an original suit on the claim pleaded as a setoff. 88 111. App. 30. See Set-of

The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from its criminal or crown depa

In English law. A phrase now employed to signify criminal causes in which the king is a party. Formerly it signified royal causes for offenses of a greater magnitude than mere misd

In English practice. A record which contains the declaration, plea, replication, rejoinder, and other pleadings, and the issue. Eunom. Dial. 2, § 29, p. 111.

One who is classed among the common people, as distinguished from the nobles.

In Spanish law. Commons; those who exercise any trade, or who cultivate the soil. White, New Recop. bk. 1, tit. 5, c. 3, § 6, and note.

A submission to the popular vote of a law or governmental policy. PLEBISCITUM (Lat.) In Roman law. A law established by the people (plebs), on the proposal of a popular magistrate,

The plebeians. PLEBS (Lat.) In the Roman law. The commonalty, or citizens, exclusive of the patricians and senators. Plebis appellatione, sine patriciis et senatoribus, caeteri Mve

or PAWN. A bailment of personal property as security for some debt or engagement. 41 N. Y. 241. A deposit of personal property as security, with an implied power of sale in case of

One to whom a thing is pledged.

Suretyship.

In pleading. Those persons who became sureties for the plaintiff's prosecution of the suit. Their names were anciently appended at the foot of the declaration. In time it became pu

In England, before the plaintiff in foreign attachment can issue execution against the property in the hands of the garnishee, he must find "pledges to restore," consisting of two

The party who makes a pledge. PLEE (Law Fr.) In old English law. An action or suit; a "plea" in the ancient sense of the word. Parsonels plees pledables par attachments, personal a

Pledges to prosecute with effect an action of replevin.

Pledges to return the subject of distress, party bringing the action of replevin. 3 should the right be determined against the Steph. Comm. (7th Ed.) 422, note.

WRIT DE. The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day. After the day,

Of full age. PLENA ET CELERIS JUSTITIA FIAT partibus. Let full and speedy justice be done to the parties. 4 Inst. 67.

A forfeiture of all that one possesses.

In civil law. A term used to signify full proof, in contradistinction to semi-plena probatio, which is only a presumption. Code, 4. 19. 5. et seq.; ' 1 Greenl. Ev. § 119. ^

In ecclesiastical law. Signifies that a benefice is full. See "Avoidance."

Full; complete. In the courts of admiralty, and in the English ecclesiastical courts, causes or suits in respect of the different course of proceedings in each are termed "plenary"

Possessing full powers; as, a minister plenipotentiary is one authorized fully to settle the matters connected with his mission, subject, however, to the ratification of the govern

In Spanish law. The pleadings in a cause. White, New Recop. bk. 3, tit. 7.

An old English word, used sometimes for the estate with the habit and quality of the land. Co. Litt. 221. It extends to a rent charge, and to a possibility of dower. Id.; 1 Rolle,

A contraction of placitum. Pl'ito, of pladto. 1 Inst. CI. 11.

An allowance made to a rural tenant of wood sufi Bcient for ploughs, harrows, carts, and other instruments of husbandry.

In old English law. An uncertain quantity of land. According to some opinions, it contains one hundred and twenty acres. Co. Litt. 69a.

Money paid by tenants in composition of a duty to plough. PLUMBATURA (Lat. from plumbum, lead). In the civil law. Soldering. Dig. 6. 1. 23. 5. PLUMBUM (Lat.) In the civil law. Lead

The capture of personal property on land by a public enemy, with a view of making it his own. The property so captured is called "plunder." The taking by open force, as by pirates.

In maritime 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 because there must be some negligence in fi

Words Implying the plural may be construed to include the singular: the greater includes the less. 1 Iowa, 282; 60 Mich. 462; 54 Mich. 245. PLURALIS NUMERUS EST DUOBUS contentus. T

In the plural; plurally.

The greatest number of votes given for any one person. Plurality has the meaning, as used in governmental law, given above. Thus, if there are three candidates, for whom four hundr

In Roman law. A phrase denoting the offense of claiming more than was jus^ in one's pleadings. This "more" might be claimed in four different respects, viz.: (1) Re, i. e., in amou

Eyes see more than one eye. 4 Inst. 160.

In Spanish law. A colonizer; he who peoples; the founder of a colony.

A statute merchant which was enforceable at any time after nonpayment on the day assigned, without further proceedings. Wharton.

In English law. A sheriff appointed by sole authority of the crown, not being one of the three nominated by the judges in the exchequer. 1 Bl. Comm. 342*.

METUS AD OMnes perveniat. If punishment be Inflicted on a few, a dread comes to all.

Corporal punishment.

Punishments should be restrained. Jenk. Cent. Cas. 29. POENAE SUOS TENERE DEBET ACTOres et non alios. Punishment ought to be inflicted upon the guilty, and not upon others. Bracton

HAEres teneri non debet. The heir ought not to be bound in a penalty inflicted for the crime of the ancestor. 2 Inst. 198.

CULPA PERENnis erit. Punishment cannot be, crime will be, perpetual. 21 yiner, Abr. 271.

In old English law. Punishment of the pillory. Fleta, lib. 1, c. 38, § 11. rather be softened than aggravated. 3 Inst. 220.

In Scotch law. That diligence (g. V.) affecting movable subjects by which their property is carried directly to the creditor. Poinding is real or personal. Ersk. Inst. 3. 6. 11. Pe

A single distinct proposition or principle of law. satisfied how to decide, in the hurried trial of a cause, rules in favor of the party offering it, but subject to revision on a m

In medical jurisprudence. A substance having an inherent deleterious property which renders it, when taken into the system, capable of destroying life. Whart. & S. Med. Jur. § 493;

A measure of length, equal to five yards and a half.

That species of superintendence by magistrates which has principally for its object the maintenance of public tranquillity among the citizens. The officers who are appointed for th

In Louisiana. A name given to certain officers who collectively exercise jurisdiction in certain cases of police; as, levying taxes, regulating roads, etc.

A magistrate having criminal jurisdiction of minor offenses similar to that of a justice of the peace, but charged exclusively with the duties incident to the common-law office of

The general power of government in the administration of its police (g. v.), to preserve and promote the welfare of the public, even at the expense of infringing the private rights

In insurance. The Instrument whereby insurance is made by an underwriter in favor of an assured, expressed, implied, or intended, against some risk, peril, or contingency in refere

Public policy (q. V.) POLITIAE LEGIBUS NON LEGES POLItiis adaptandae. Politics are to be adapted to the laws, and not the laws to politics. Hob. 154.,

Pertaining to policy, or the administration of the government. 90 111. 563, Political rights are those which may synonymous with "power." 90 111. 563. They are distinguished from c

An expression sometimes used to signify the art of making calculations on matters relating to a nation; the revenues, the value of land and effects; the produce of lands and manufa

A class of offenses excluded from many extradition treaties, and including, generally, crimes against the government as such, and crimes incident to political uprisings. Treason, s

Such as are not immediately connected with the administration of justice, or with the execution of the orders of a superior, as the president or the head of a department. 13 Wall.

Natural liberty, so far restrained by human laws as is necessary and expedient for the general advantage of the public. 1 Bl. Comm. 125.

Questions Involving executive policy, and within the power of the executive to determine, such as the recognition of a particular government in a foreign state. Such questions will

Rights which may be exercised in the formation or administration of the government, the word "rights," as so used, being synonymous with "power." 90 111. 563. A political right is

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. This

In civil law. A promise not yet accepted by the person to whom it is made. It differs from a contract, inasmuch as the latter includes a concurrence of intention in two parties, on

The place where electors cast in their votes.

An old abbrevation for the words "ponit loco sua," put in his place, used in warrants of attorney. Towns. PL.431. PbACHING. Unlawful taking of game from the land of another. Unlawf

The state of a woman who has several husbands. Polyandry is legalized only in Thibet. POLYGAMIA EST PLURIUM SIMUL Vlrorum uxorumve connubium. Polygamy is the marriage with many hus

The act or state of a person who, knowing that he has two or more wives, or that she has two or more husbands, marries another. It differs fom "bigamy" (q. v.) Comyn, Dig. "Justice

A term used to express a government which is shared by several persons; as, when two brothers succeed to the throne, and reign jointly.

A body of stagnant water; a pool, either natural or artificial. 13 Pick. (Mass.) 265. A pond differs from a lake only in size. 1 Starkle, Ev. 554; Best, Ev. 426, § 389; 14 Wend. (N

An obsolete writ to impanel a jury.

A writ commanding that a prisoner be bailed in cases bailable. Reg. Orig. 133. PONENDUM SIGILLUM AD EXCEPTIonem. A writ by which justices were required to put their seals to except

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

A contribution towards the maintenance, rebuilding, or repairs of a

An old writ directed to the sheriff, requiring him to charge one or more to repair a bridge. Reg. Orig. 153.

A pond (q. v.) A combination of independent persons or corporations for the division of earnings. See "Pooling Contract." A pool or trust is a combination having the intention and

Strictly, an agreement between common carriers to divide their earnings on an agreed basis, irrespective of the proportions which such earnings bore to each other, the same being p

One who, being imprisoned in a civil action, has no property to pay the debt whereon the same was issued, and who is accordingly entitled to his release on making oath to such fact

An oath of poverty, on taking which one imprisoned on execution is entitled to release.

The bishop of Rome and the head of the Roman Catholic church. He is a temporal prince. He is elected by certain officers called "cardinals," and remains in power during life. In th

An action given by statute to any one who will sue for the penalty. A qui tarn action. Dig. 47. 23. 1. POPULISCITUM (Lat.) An act of the commons; same as plebiseitum. Ainsworth. A

In Spanish, law. A part or portion; a lot or parcel; an allotment of land. See 16 S. W. 49.

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

(L. Lat.) In old English practice. To bear; to bring. PORTATICA (Law Lat.) In English law. The generic name for port duties charged to ships. Harg. Tr. 74.

The name of an ancient English officer who bore or carried a rod before the justices. The door keeper of the English parliament also bears this name. One who is employed as a commo

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 also. Cowell; Blount. PORTORIA (Lat.) In civil law. Duties paid in ports on merchandise. Cod

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

The toll paid for bringing goods into a port.

Express; absolute; not doubtful. This word is frequently used in composition.

One In which the thing which is the subject of it must happen; as, if I marry. It is opposed to a negative condition, which is where the thing which is the subject of it must not h

That which, if believed, establishes the truth or falsehood of a fact in issue, and does not arise from any presumption. It is distinguished from circumstantial evidence (q. v.) 3

The intentional and successful employment of any cunning, deception, or artifice to circumvent, cheat, or deceive another. 1 Story, Eq. Jur. 186; Dig. 4. 3. 1. 2; Id. 2. 14. 7. 9.

Law actually ordained or established, under human sanctions, as distinguished from the law of nature or natural law, which comprises those considerations of justice, right, and uni

This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be. When the thing is in being, the phrase to ex

This word is applied to the right and enjosrtnent of a termor, or a person having a term, who is said to be possessed, and not seised. Bac. Tr. 335; Poph. 76; Dyer, 369. POSSESSIO

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 n

The detention or enjoyment of a thing which a man holds or exercises by himself, or by another who keeps or exercises it in his name. The owning or having a thing in one's power. 6

WRIT OF. Process to put into execution a judgment in ejectment for