The Cyclopedic Law Dictionary

Authorities to be followed in courts of justice. A term particularly applied to judicial decisions upon points of law arising in any given case. 1 Kent, Comm. 475, 476. These are r

In Scotch feudal law. An acknowledgment by the lord of the right of an heir of the tenant to succeed to his right, PRECES (Lat.) In the Roman law. Prayers. One of the names of an a

In English Law. The district for which a high or petty constable is appointed. Wilcox, Const, xii. In American Law, A district, usually of a subordinate character, marked out for g

In French law. An object which is ascertained by law or the agreement of the parties, and which is first to be taken out of property held in common, by one having a right, before a

In Scotch law. The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is gro

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 presenti,

One who has preceded another. This term is applied in particular to corporators who are now no longer such, and whose rights have been vested in their successor. The word "ancestor

See "Praedial Servitude." PRE-Ei VlPTION. In international law. The right of pre-emption is the right of a nation to detain the merchandise of strangence of purchase. 1 Chit. Com.

The right given to settlers upon the public lands of the United States to puirchase them at a limited price, in preference to others.

In French law. A chief officer invested with the superintendence of the administration of the laws in each department. Merlin, Repert.

Priority of payment, or right thereto. Preferences may be either involuntary, being the right which a creditor obtains by law to be first paid out of the assets of the debtor, as b

A name sometimes given in England to preferred stock.

An assignment for the benefit of creditors, giving preferences (q. v.)

One to whom the debtor has given a preference (q. v.), or to whom he has directed that a preference be given.

Corporate stock entitled to priority in payment of dividends, or to a higher rate of dividends.

PLEA OF. A plea by a Woman under sentence of death, on which,

See "Affirmative Pregnant;" "Negative Pregnant."

(Lat. prae, before, judicare, to judge). A forejudgment. A leaning towards one side of a cause formed before the person entertaining the same is called upon to hear and determine t

The name of an ecclesiastical officer. There are two orders of prelates — the first is composed of bishops, and the second, of abbots, generals of orders, deans, etc.

In French law. The portion which a partner is entitled to take out of the assets of a firm before any division shall be made of the remainder of the assets between the partners. Th

Something which.precedes; as, preliminaries of peace, which are the first sketch of a treaty, and contain the principal articles on which both parties are desirous of concluding, a

In English admiralty practice. A document narrating the particulars of a collision, required to be filed by each solicitor in actions for damages in such collision. Wharton.

Sometimes called an ad interim injunction. One issued,at the commencement of a suit, to restrain the commission of some act pending the suit.

A design formed to commit a crime or to do some other thing before it is done. Premeditation differs essentially from "will," which constitutes the crime; because it supposes, besi

See "Praemunire."

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

or PRENDRE (Law Pr. to take). This word is used to signify the right of taking a thing before it is offered; hence the phrase of law, "it lies in render, but not in prender." Gale

Aforethought. See 2 Chit. Crim. Law, *784.

To "preponderate" is to "outweigh." There may be evidence which, standing by itself, establishes a certain state of facts, but the evidence does not preponderate in favor of any gi

In Civil Law. The privilege, preeminence, or advantage which one person has over another; thus, a person vested with an office is entitled to all -the rights, privileges, prerogati

In English Law. An ecclesiastical court held in each of the two provinces of York and Canterbury, before a judge appointed by the archbishop of the province. Formerly in this court

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

A writ issued upon some extraordinary occasion, and for which it is necessary to apply by motion to the court. 3 Bl. Comm. 132. The writs of procedendo, mandamus, prohibition, quo

To -which a right may be acquired by prescription.

A mode of acquiring title to incorporeal hereditaments by immemorial or long-continued enjoyment. The distinction between a prescription and a custom is that a custom is a local us

TIME OF. See "Time Immemorial."

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

The being in a particular place. In many contracts and judicial proceedings it is necessary that the parties should be present in order to render them valid; for example, a party t

A gift, or, more properly, the thing given.

In ecclesiastical law. The act of a patron offering his clerk to the bishop of the diocese to be instituted in a church or benefice.

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

An estate In possession; one presently vested.

Immediately; in the present tense.

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

This word signifies the writing then actually made and spoken of; as, these presents; know all men by these presents; to all to whom these presents shall come.

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

In old practice. A piece or skin of parchment, several of which used to be sewed together in making up a roll pr record of proceedings. See 1 Bl. Comm. 183; Towns. PI. 486.

See "Peine Forte et Dure." PREST (and afterwards PRIST) (Law Fr.; from Lat. paratus). -. In Old Pleading and Practice. Ready. Prest averrer, ready to prove. Y. B. P. 11 Hen. VI. 8;

See "Circumstantial Evidence."

One who, if the ancestor should die immediately, would, under existing condition of things, be his heir, but whose right of in Loritance may be defeated by the contingency of some

That which arises from mere occupation, with no pretense of right to hold possession. It is the very lowest order of title. PRET (Fr.) Loan. PRET A USAGE (Fr. loan for use). A phra

or PRETENCED (Law Lat. praetensum). In old English law. Pretended; claimed. Where a party out of possession of lands or tenements claimed or sued for the possession, he was said to

In equity pleading. Allegations sometimes made in a bill for the purpose of negativing an anticipated defense. Hunt, Eq. pt. 1, c. 1.

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. The words "rights," "actions," and "pre

Not agreeable to law. PRETERITION (Lat. praeter and eo, to go by). In civil law. The omission by a testator of some one of his heirs who is entitled to a legitime (g. v.) in the su

In the. law of wills. The intentional passing over without making provision for a child or legal heir or next of kin. Same as "preterition," which is the strictly proper term. PRET

or PRECIUM (Lat. price; value). In the civil law. The price of a thing sold, which properly consisted in counted money; pretium in numerata pecunia consistere debet. Inst. 3. 24. 2

The price stands in the place of the thing sold. 1 Bouv. Inst, note 939; 2 Bulst. 312.

In Scotch law. A court house, or hall of justice. 3 How. St. Tr. 425.

In civil law. The acting with unfaithfulness and want of probity. The term is applied principally to the act of concealing a crime. Dig. 47. 15. 6. PREVENTION (Lat. preveniato, to

The statute 34 & 35 Vict. 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

See "Value."

In England, when the yearly list of persons nominated for the office of sheriff is submitted to the queen, she took a pin, and to insure impartiality, as it is said, she let the po

At first view; from the appearance, vyithout contradiction or explanation.

A case established by prima facie evidence (g. v.)

Such as is, in judgment of law, sufficient to establish PRIMA PARS AEQUITATIS AEQUALItas. The radical element of justice is equality. PRIMA TONSURA (Lat.) A grant of a right to hav

In mercantile law. A duty payable to the master and mariners of a ship or vessel, — ^to the master for the use of his cables and ropes to discharge the goods of the merchant; to th

That which is first or principal; as, primary evidence, that evidence which is to be admitted in the first instance, as distinguished from secondary evidencej which is allowed only

The best evidence of which the case in its nature is susceptible. 3 Bouv. Inst, note 3053. See "Evidence."

An obligation which is the principal object of the contract; for example, the primary obligation of the seller is to deliver the thing sold, and to transfer the title to it. It is

The principal authority given by a principal to his agent. It differs from "mediate powers." Story, Ag. §58.

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

A term used to signify first choice. In England, when coparcenary lands are divided, unless it is otherwise agreed, the eldest sister has the first choice of the purparts. This par

In old English practice. A fine or payment which was due to the king on suing out the writ of praecipe, at the commencement of the proceedings to levy a fine of lands. 2 Bl. Comm.

In English law. The right which the king had, when any of his tenant^ died seised of a knight's fee, to receive of the heir, provided he were of full age, one whole year's profits

The queen's first Serjeant at law.

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

The emperor is free from laws. Dig. 1. 3. 31; Halifax, Anal, pref. vi., vii., note.

ites quam ctipendiarios bellicis opponere caslbus. A prince, in the chances of war, had better employ domestic than stipendiary troops. Co. Litt. 69.

Leading; chief; more important. This word has several meanings. It is used in opposition to "accessary," to show the degree of crime committed by two persons. In estates, "principa

A principal challenge was grounded on such manifest presumption of partiality that if the fact alleged was proved to be true, the disqualification of the juror followed as a legal

One entered Into by both parties on their own accounts, or in the several qualities they assume.

The main fact in issue. The fact ultimately to be proved.

(Lat. from princeps, first or chief). In civil and old English law. Principal; a principal debtor. Principalis debitor. Fleta, lib. 2, c. 63, §5. Called capitalis debitor (chief de

In the statute as to right to letters of administration with will annexed means general, rather than chief or most important. 2 How. Pr. (N. S.; N. Y.) 194.

That obligation which arises from the principal object of the engagement which has been contracted between the parties. It differs from an accessory obligation. For example, in the

NON PROBANtur. Principles prove, they are not proved. 3 Coke, 40. See "Principles."

Oppose beginnings. Branch, Princ.

There is no reasoning of principles. 2 Bulst. 239. See "Principles." PRINCIPIUM (Lat. from princeps, first). In civil and old English law. A beginning. In principio donationis, at

By this term is understood truths or propositions so clear that they cannot be proved nor contradicted unless by propositions which are still clearer. They are of two kinds: One wh

Precedence. Thus, claims are said to be allowed priority where they are

POTIOR JURE. He who is first in time is preferred in right. Co. Litt. 14a; 2 P. Wms. 491; 1 Term R. 733; 9 Wheat. (U. S.) Append. 24.

An ancient hereditary revenue of the crown, consisting in the right to take a certain quantity from cargoes of wine imported into England. In Edward I.'s reign it was converted int

A public building for confining persons, either to insure their production in court, as accused persons and witnesses, or to punish, as criminals. The root is French, as is shown b

The act of one who is lawfully detained on a criminal charge, or under sentence for a crime, in breaking out of the place in which he is detained, against the will of the person by

One held in confinement against his will.

One who has been never confined in a prison. Not only such persons as a belligerent can lawfully kill, but all who may be separated^ from the mass of noncombatants by their importa

NUNC legibus. We labored first with vices, now with laws. 4 Inst. 76.

Affecting or belonging to individuals, as distinct from the public generally; not clothed wijh office.

An act operating only upon particular persons and private concerns, and rather an exception than a rule. Opposed to "public act." 1 Bl. Comm. 86) 1 Term R. 125; Plowd. 28; Dyer, 75