The Cyclopedic Law Dictionary

An allowance to one put in possession of goods taken under writ of fieri facias. Holthouse. POSSESSION VAUT TITRE (Pr.) In English law, as in most systems of jurisprudence, the fac

He who holds, detalbs, or enjoys a thing, either by himself or his agent, which he claims as his own. In general, the possessor of personal chattels is presumed to be the owner; an

See "Bona Fide Possessor, etc."

Relating to possession; founded on possession; contemplating or claiming possession.

— '^In Old English Law. A real action, in which the plaintiff, called the "demandant," sought to recover the possession of land, tenements, and hereditaments. On account of the gre

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

An uncertain thing which may happen. Lilly, Reg. An expectancy which is not founded on any limitation, provision, or trust, such, as the expectancy of an heir apparent, who may be

See "Double Possibility."

To possess in the belief that one is heir. Inst. 4, 15, 3.

To possess a part or the whole of an inheritance, without any right, and with the knowledge that it does not belong to one. Inst. 4, 15, 3.

We can; we can or may do. POST (Lat.) After. In Real-Estate Law. When two or more alienations or descents have taken place between an original intruder and the tenant or defendant

An after-act; an act done afterwards.

After the Conquest. Words first used in the king's title by King Edward I., 1328, to distinguish the Edwards after the Conquest, from those before it, and constantly used in the ti

To date an instrument a time after that on which it is made. See "Date." POST DIEM (Lat.) After the day; as a plea of payment post diem, — after the day when the money became due.

In English law. The name of a writ which lies for him who, having recovered lands and tenements by force of a novel disseisin, is again disseised by a former disseisor. Jacob.

In maritime law. An entry made by a merchant upon the importation of goods, after the goods have been weighed, measured, or gauged, to make up the deficiency of the original or pri

Posterior things derogate from things prior. 1 Bouv. Inst, note 90. POSTERIORES (Lat.) This term was used by the Romans to denote the descendants in a direct line beyond the sixth

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 by prio

All the descendants of a person in a direct line.

An after-act; an act done afterwards; a post-act.

In old conveyancing. A fine or sum of money, otherwise called the "king's silver," formerly due on granting the licentia concordandi, or leave to agree, in levying a fine of lands.

One born after the death of its father, or, when the Caesarian operation is performed, after that of the mother. POSTLIMINIUM (Lat. from post, after, and limen, a threshold). In th

A senior barrister in court of exchequer, who has precedence in motions. So called from the place where he sits. 2

A stamp or mark put on letters in the post office.. Postmarks are evidence of a letter's having passed through the post office. 2 Campb. 620; 2 Bos. & P. 316; 15 East, 416; 1 Maule

A species of banknotes payable at a distant period, and not on demand. 2 Watts & S. (Pa.) 463. A kind of banknotes intended to be transmitted a distance by post. See 24 Me. 36.

Something which takes place after marriage; as, a post-nuptial settlement, which is a conveyance made generally by the husband for the benefit of the wife. POST OBIT (Lat.) An agre

A settlement made after marriage upon a wife or children; otherwise called a "voluntary" settlement. 2 Kent, Comm. 173.

The putting over of a cause for trial to another term. Considerable confusion exists in the use of the words, "continuance," "adjournment," and "postponement." In exact phraseology

After Issue born. Co. Litt. 19b.

Bo Tough English (q. v.) POSTULATIO (Lat.) In Roman law. The name of the first act in a criminal proceeding. A person who wished to accuse another of a crime appeared before the pr

Sittings after term. See "Sittings After Term."

After term, or post term. The return of a writ not only after the day assigiied for its return, but after the term also, for which a fee was due. The fee itself. Cowell. POSTEA (La

A child of a testator, born after his death, who if born in his lifetime, would have been entitled to succeed him if he died intestate; a child of a testator conceived before the d

A posthumous stranger; a posthumous child that would not have been under the testator's power if born in his lifetime. Inst. 2, 20, 28.

In French law. A sum of money frequently paid, at the moment of entering into a contract, beyond the price agreed upon. It differs from arrha in this, that it is no part of the pri

One who has a great power over an extended country; a sovereign. By the naturalization laws of the United States, an alien is required, before he can be naturalized, to renounce al

non antecedere. Power ought to follow, not to precede, justice. 3 Bulst. 199.

REMOTA ET propinqua; et potentia remotlssima et vana est quae nunquam venit in actum. Possibility is of two kinds, remote and near; that which never comes into action is a power th

Power is not conferred but for the public good.

Common possibility. See "Possibility."

et suis, Jus quod pro se introductum est. A man may relinquish, for himself and those claiming under him, a right which was introduced for his own benefit. See 1 Bouv. Inst, note 8

Better is the condition of the possessor. Broom, Leg. Max. (3d London Ed.) 201, note.

A term formerly applied to voters in certain boroughs of England, where all who boil (wallop) a pot were entitled to vote. Webster. POULTRY COUNTER (or COMPTER). The name of a pris

Ex vi term Jvni is an enclosed piece of land, secured by a firm structure of stone, or of posts and timber, placed in the ground. 2 Cush. (Mass.) 309. A place, inclosed by public a

In practice. The amount allowed to the sheriff, or other officer, for commissions on the money made by virtue of an execution. This allowance varies in different states, and to dif

The offense of breaking a pound in order to take out the cattle impounded. 3 Bl. Comm. 146. The writ de parco fracto, or pound breach, lies for recovering damages for this offense;

In French law. The conversations and negotiations which have taken place between the parties in order to make an agreement. These form no part of the agreement. Pardessus, Dr. Com.

See Purpresture."

A follower; a pursuer. In the ancient English law, it signified an officer who attended upon the king in his wars, at the council table, exchequer, in his court, etc., to be sent a

or POISTEE (Scotch). In Scotch law. Power. 1 Pitc. Grim. Tr. pt. 1, p. 162. See "Liege Poustie." A word formed from the Latin potestas.

A term used In a few states for an affidavit in forma pauperis. See "In Forma Pauperis."

The right, ability, or faculty of ■ doing something. An authority by which one person enables another to do some act for him. 2 Lilly, Abr. 339. In a more technical sense, an autho

An instrument authorizing a person to act as the attorney in fact of the person granting it. A general power authorizes the agent to act generally in behalf of the principal. A spe

See "Poinding."

A set of statutes enacted in the tenth year of Henry VII. (so called from Sir Edward Poynings, being then lord deputy), regulating the method of passing statutes in Ireland. By ano

(L. Lat.) Practice; the practice of a court. Gierke's Prax. Cur. Adm. tit. 42.

Of a Statute. One determined by long-established procedure under it, to which deference will be paid by the courts in interpreting the statute, if possible, without doing violence

Mutual acquiescence in a known boundary line for a long period of time. 47 Barb. (N. Y.) 287.

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

In English law. A court attached to the court of king's bench, which hears and determines common matters of business and ordinary motions for writs of mandamus, prohibition, etc. I

A succession of acts of a similar kind, or in a like employment. Webster.

In Scotch law. The decisions of the court of session, as evidence of the practice or custom of the country. Bell, Diet. PRAEBENDA (Law Lat.) In old English law. A prebend. Bracton,

A kind of feudal benefices; so called because they were posand called Praeceptores Templi. 2 Mon. Angl. 543.

or PRECIPE (Lat.) A slip of paper upon which the particulars of a writ are written. It is lodged in the office out of which the required writ is to issue. Wharton.

A writ of chancery which lay (in case of his deforcement) for a tenant holding of the crown in capite, viz., in chief. Magna Charta, c. 24. PRAECIPE QUOD REDDAT (Lat.) Command him

The punishment of casting headlong from some high place.

In the French law, under the regime en communaute, when that is of the conventional kind, if the surviving husband or wife is entitled to take any portion of the common property by

Things to be previously known in order to the understanding of something which follows. PRAEDA BELLICA (Lat.) Booty; property seized in war. PRAEDIA (Lat.) In civil law. Lands. Pra

Arising out of or from land. Natural products not principally produced by care and nurture, as corn, grass, hops, wood. 2 Bl. Comm. 24.

In the civil law, provincial lands belonging to the people.

In the civil law, provincial lands belonging to the emperor. sorts, hay, wood, fruits, herbs, and the like; as praedial tithes. 2 Bl. Comm. 23. PRAEDIAL (or PREDIAL) SERVITUDE. A r

PRAEDICTA, or PRAEdictum (Lat.) In old pleading. Aforesaid. Abbreviated in old entries praed., praedict., p'dc'us, etc. Hob. 117; 10 Coke, 65. Of the three words, idem, praedictus,

In old pleadings. Aforesaid. Sometimes abbreviated to praefat. and p. fat. See "Praedictus." PRAEFECTUS (Lat.) In the Roman Law. A chief officer; a governor or commander. The tilte

The fee paid on suing out the writ of covenant, on levying fines, before the fine was passed. 2 Bl. Comm. 350. PRAEJUDICIALIS (Lat. from prae, before, and judicq/re, to judge). In

An officer next in authority to the alderman of a hundred called Also the person from whom descents are traced under the old canons. One who was set over others; a presiding office

A church reeve, or warden. Spelman.

A constable of a town, or petty constable.

RARO sunt prospera. Hasty counsels are seldom prosperous. 4 Inst. 57.

(L. Lat.) In old English law. The king's prerogative. Crabb's Hist. 204. PRAESCRIPTIO (Lat.) In the civil law. That mode of acquisition whereby one becomes proprietor of a thing on

In Roman law. Forms of words (of a qualifying character) inserted in the formulae in which the claims in actions were expressed, and, as they occupied an early place in the formula

Prevention is better than cure. Co. Litt. 304. PRAESUMATUR PRO JUSTITIA SENtentiae. The justice of a sentence should be presumed. Best, Ev. Introd. 42; Mascardus de Prob. Cone. 123

It is presumed for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton.

Legitimacy is to be presumed. S Coke, 98b; 1 Bl. Comm 457.

EX EO QUOD PLERumque fit. Presumptions arise from what generally happens. 22 Wend. (N. Y.) 425, 475. PRAESUMPTIO FORTIOR (Lat.) A strong (literally, stronger) presumption (of fact)

PLENA probatio. Violent presumption is full proof. PRAESUMPTIO VIOLENTA VALET IN lege. Strong presumption avails in law. Jenk. Cent. Cas. 58. PRAESUMPTIONES SUNT CONJECTUrae ex sig

In Roman law. A municipal officer of Rome, so called because {praeiret populo) he went before or took precedence of the people. The consuls were at first called praetors. Liv. Hist

In old Scotch practice. A form of action known in the forms of the court of session, by which a delay to discuss a suspension or advocation was got the better of. Bell, Diet.

In French Law. An expression used to designate those ordinances which concern the most important object of the civil or ecclesiastical administration. Merlin, Repert.; 1 Fournel, H

In equity practice. The request in a bill that the court will grant the aid which the petitioner desires. That part of the bill which asks for relief. The word denotes, strictly, t

In old English practice. ^ To call upon for assistance. In real actions, the tenant might pray in aid or call for assistance of another, to help him to plead, because of the feeble

An introduction prefixed to a statute, reciting the intention of the legislature in framing it, or the evils which led to its enactment. A preamble is said to be the key of a statu

Evidence whose nature and quantity are prescribed beforehand by law, as for the attestation of wills.

The right of being heard before another. A privilege belonging to the English bar, the members of which are entitled to be heard in their order, according to rank, beginning with t

In ecclesiastical law. The stipend granted to an ecclesiastic, in consideration of officiating in the church. It is in this distinguished from a "canonicate," which is a mere title

or PRECES (Law Lat.) In old English law. Days' works, which the tenants of some manors were bound, by which Spelman supposes to be a corruption of "biden days," which in Saxon, ans

The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke it. If there is a time fixed during which the right may be us

A trust created by certain words which are more like words of entreaty and permission than of command or certainty. Words of entreaty when coupled with discretionary words, 15 L. J

Words which create a precatory trust (g. v.)

PATENT OF. In English law. A grant from the crown to such barristers as it thinks proper to honor with that mark of distinction, whereby they are entitled to such rank apd preaudie

A precedent condition is one which must be performed before the estate can vest. 260 111. 102. See "Condition."