The Cyclopedic Law Dictionary

Such as engage in the business of banking, without having any special grant of authority from the state. 80 N. Y. 225.

An office of the English parliament where the business of obtaining private acts of parliament is conducted.

A carrier who is not a common carrier, because he does not hold himself out as ready to carry all persons who may employ him.

A corporation founded by a private individual, or the stock of which is owned by private persons, such as a hospital or college, a bank, an insurance, turnpike, or railroad company

One the enjoyment of which is restricted to certain individuals.

A vessel owned by one or more private individuals, armed and equipped at his or their expense, for the purpose of carrying on a maritime war, by the authority of one of the bellige

A dwelling place, not open for the accommodation of all applicants who come lawfully and pay regularly. A boarding house for the accommodation of such only as are accepted by the p

Is a convenient expression for such_ rules as, in the jurisprudence of most civilized nations, are applied, e« comitate, to the solution law, bindipg propria vigore upon any indepe

See "Nuisance."

One not an officer.

Within the constitutional requirement of compensation for "private property taken for public use," it includes, of course, all property owned by individuals, and also certain prope

Those rights which relate to the person, or to personal or real property of particular individuals. 1 Chit. Gen. Prac. 3.

A statute which operates only upon particular persons and private concerns. 1 Bl. Comm. 86. See "General Statute."

An easement of one person, or of any number of persons less than the public at large, to pass over the servient land of another in the manner, at the times, on the location, and fo

A private wrong, otherwise termed a "tort" or "civil injury," is an infringement or privation of the civil rights which belong to individuals, considered merely as individuals. 4 B

A deprivation presupposes a possession. 2 Rolle, 419. doubt that the rights of others cannot be prejudiced by private agreements. Dig. 2. 15. 3. pr.; Broom, Leg. Max. (3d London Ed

By privies are meant heirs, executors, administrators, terre-tenants, or those having an interest in remainder or reversion, or one who is made a party by the law. 7 Ency. of PI. &

An exemption or immunity peculiar to a particular person or body. Commonly applied to the various special rights and immunities of legislators, and to the privilege of witnesses fr

WRIT OF. A process to enforce or maintain a privilege. Cowell.

ter in which the party communicating has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty, although it contain crimi

Those copyholds which are held according to the customs of the manor, and not according to the will of the lord. They include ancient demesne and customary freehold. 2 Wooddeson, L

In Scotch law. An instrument, for example, a testament, in the execution of which certain statutory formalities usually required are dispensed with, either from necessity or expedi

In old English law. A species of villenage in which the tenants held by certain and determinate services; otherwise called "villein socage." Bracton, fol. 209. Now called "privileg

The "privileges and immunities" which are protected by the constitutional inhibition concern the personal and private rights of the citizen, such as his right to acquire and posses

One who is a partaker or has any part or interest in any action, matter, or thing. Co. Litt. 271a. One who has an interest in an estate created by another, or in a contract or conv

The chief council of the sovereign, called, by pre-eminence, "The Council," composed of those whom the king appoints. 1 Bl. Comm. 229-232. By St. Charles II., in 1679, the number w

In English law. A seal which the king uses to such grants or things as pass the great seal. 2 Inst. 554.

The seal which is first used in making grants, etc., of the crown. It is always in custody of the secretary of state. 2 Bl. Comm. 347; 1 Wooddeson, Lect. 250; 1 Steph. Comm. 571.

In practice. A verdict given privily to the judge out of court, but which was of no force unless afterwards affirmed by a public verdict given openly in court. 3 Bl. Comm. 377. l^w

In Maritime Law. The apprehension and detention at sea of a ship or other vessel, by authority of a belligerent power, either with the design of appropriating it, with the goods an

In English law. That branch of admiralty which adjudicates upon cases of maritime captures made in time of war. A special commission issues in England, in time of war, to the judge

A personal combat between men, without weapons, in public and by agreement, for a prize or reward. 67 Miss. 352.

In Latin phrases. A preposition meaning "for."

Likelihood; consonance to reason; for sample, there is a strong probability that a man of good moral character, and who has heretofore been remark, able for truth, will, when exami

Such a state of facts as to make it a reasonable presumption that their supposed existence was the cause of action. The principal technical use of the phrase is to define the degre

Presumptive evidence is so called, from its foundation in probability. Butler, Anal. Introd. PROBABLE REASONING (l,a.t. argumentum verisimile). In the law of evidence. Reasoning fo

See "Court of Probate."

The proof before an officer or court authorized by law that an instrument offered to be proved or recorded is the last will and testament of the_ deceased person whose testamentary

Dead proof; that

The evidence which proves a thing. It is either by record, writing, the party's own oath, or the testimony of witnesses. Proof. It also signifies the time of a novitiate; a trial.

In the civil law. Full proof; proof by two witnesses, or a public instrument. Halifax, Civ. Law, bk, 3, c. 9, No. 25; 3 Bl. Comm. 370.

In the civil law. Half -full proof; half -proof. Proof by one witness, or a private instrument. Halifax, Civ. Law, bk. 3, c. 9, No. 25; 3 Bl. Comm. 370.

Living proof; that is, proof by the mouth of living witnesses.

PRAESU.MITUR media. The extremes being proved, the intermediate proceedings are presumed. 1 Greenl. Ev. § 20.

In the law of the evidence. Having the effect of proof.

In the law of evidence. A fact which adtually has the effect of proving a fact sought; an evidentiary fact. 1 Benth. Jud. Ev. 18.

In old Eiigllsh law. Strictly, an accomplice in felony who, to save himself, confessed the fact, and charged or accused any other as principal or accessary, against whom he was bou

In the British courts of admiralty, after the issue is formed between the parties, a time for taking the testimony is assigned. This is called a "probatory term." This term is comm

Justice; honesty. A man of probity is one who loves justice and honesty, and who dislikes the contrary. Wolff Dr. Nat. § 772. PROCEDENDO (Lat.) In practice. A writ by habeas corpus

For good and for evil. PRO CONFESSO (Lat. as confessed). In equity practice. A decree taken where the defendant has either never appeared in the suit, or, after having appeared, ha

If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay un

The rule of pleading and practice by which, rights are enforced. It is generally considered as not including the law of evidence.

In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding t

Money or articles of value arising or obtained from the sale of property. Goods purchased with money arising from the sale of other goods, or obtained on their credit, are proceeds

In Practice. The means of compelling a defendant to appear in court, after suing out the original writ, in civil, and, after indictment, in criminal, cases. In a broader sense all

A term used to denote the manner of ascertaining the boundaries of land. It consists in a survey of the lands in the presence of all persons interested who shall have been previous

See "Garnishment."

See "Due Process of Law."

In practice. A roll used for the entry of process to save the statute of limitations. 1 Tidd, Prac. 161, 162.

In English practice. A writ for the continuance of process after the death of the chief justice or other justices in the commission of oyer and terminer. Reg. Orig. 128. PROCESSUS

In French law. A true relation in writing, in due form of law, of what has been done and said verbally in the presence of a public oflftcer, and what he himself does upon the occas

(Law Fr.) Next. A term somewhat used in modern law, and more frequently in the old law; as, prochein ami prochein cousin. Co. Litt. 10. PROCHEIN AMI (Law Fr.; spelled, also, proche

Next vacancy. Used in respect to appointments to ecclesiastical vacancies.

The act of causing some state matters to be published or made generally known. A written or printed document in which are contained such matters, issued by proper authority; as, th

In old English practice. On awarding an exigent, in order to outlawry, a writ of proclamation issued to the sheriff of the county where the party dwelt, to make three proclamations

In old English practice. When a party neglected to appear upon a subpoena, or an attachment in the chancery, a writ bearing this name issued, and, if he did not surrender himself b

A proceeding whereby such persons were formerly convicted, on nonappearance at the assizes. Jacob.

Latin words meaning "for the body of the county." Watt v. People, 126 111. 33.

^ The generation of children. It is an act authorized by the law of nature. One of the principal ends of marriage is the procreation of children. Inst, tit. 2. pr.

One appointed to represent in judgment the party who empowers him, by writing under his hand, called a "proxy." The term is used chiefly in the courts of civil, ecclesiastical, and

The writing or instrument which authorizes a procurator to act. Cowell; Termes de la Ley. PROCURARE (Lat. from pro, for, and eurare, to take care of). To take care of another's aff

In civil law. The act by which one person gives power to another An express procuration is one made by the express consent of the parties. An implied or tacit procuration takes pla

In ecclesiastical law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis. Dig. 3. 39. 25; Ayliffe, Par. 429; 17 Viner, Abr. 5

In civil law. A proctor; a person who acts for another by virtue qf a procuration. Procurator est, qui aliena negotia mandata Domini administrat. Dig. 3. 3. 1. See "Attorney;" "Aut

FISCAL. In Scotch law. A public prosecutor. Bell, Diet.

In Scotch law. A term which imports that one is acting as attorney as to hit, own property. When an assignment of a thing is made, as a debt, and a procuration or power of attorney

In Scotch law. A form of proceeding by which a vassal authorizes the feu to be returned to his superior. Bell, Diet. It is analogous to the surrender of copyholds in Kngland. Whart

In French law. An attorney; one who has received a commission from another to act on his behalf. There were in France two classes of procureurs: Procureurs ad negotia, appointed by

In French law. An officer of the French court, who either personally or by his deputy prosecutes every one who is accused of a crime, according to the forms of French law. His func

For want (failure) of purchasers.

For, or in case of, default of issue. 2 Salk. 620.

For want of an heir.

For defect or want of justice. Pleta, lib. 2, c. 62, § 2. PRO DEFENDENTE (Law Lat.) For the defendant. Vaughan, 65. Commonly abbreviated, pro. def. Hardr. passim. "Morton, pro quer

The barons of the, realm.

la consideration of the royal dignity. 1 Bl. Comm. 223.

In civil law. A person who, though of full age, is incapable of managing his affairs, and of the obligations which attend them, in consequence of his bad conduct, and for whom a cu

Treason; treachery.

A traitor. PRODITORIE (Lat.) Treasonably. This is a technical word formerly used in indictments for treason, when they were written in Latin. PRODUCTIO SECTAE (Law Lat.) In old Eng

As divided, i. e., in severalty.

As a gift; as in case ot gift; by title of gift. A species of usucaption in the civil law. Dig. 41. 6. See Id. 5. 3. 13. 1.

As a dowry; by title of dowry. A species of usucaption. Dig. 41. 9. See Id. 5. 3. 13. 1.

As a purchaser; by the title of a purchaser. A species of usucaption. Dig. 41. 4. See Id. 5. 3. 13. 1. PRO EO QUOD (Lat.) In pleading. For this that. This is a phrase of affirmatio

As a fact.

A nominal amercement of a plaintiff for "his false claim," which used to be inserted in a judgment for the defendant. Obsolete.

That which has not been consecrated. By a profane place is understood one which is neither sacred, nor sanctified, nor religious. Dig. 11, 7. 2. 4.

In a profane manner. In an indictment, under the act of assembly of Pennsylvania, against profanity, it is requisite that the words should be laid to have been spoken profanely. 11

or PROFANITY. In criminal law. Imprecations in the name of the Deity. It is a form of blasphemy. 8 Conn. 375. PROFECTITUS (Lat.) In civil law. That which descends to us from our as

A public declaration respecting something. Code, 10. 41. 6. A state, art, or mystery; as, the legal profession. Dig. 1. 18. 6. 4; Domat, Dr. Pub. lib. 1, tit. 9, §1, note 7. See 41

(L. Lat.) In old English law. Profit.

A right to take products or emblements from the lands of another. "Under the term 'profit' is comprehended the produce of the soil, whether it arise above or below the surface, as