A Law Dictionary and Glossary

I. Power; a power. Potestas stricte is strictly interpreted. Potestas suprema test, li^are non potest: supreme power can cannot bind itself.

I. The condition better one. Potior est conditio possidentis: party in possession is the better, v. In cequali causa, etc.; In pari delicto, etc.

Authority given by one person to another thority to dispose of an estate; authority of the ernment, as legislative, executive and judicial a near or common remote or improbable pro

The name of a prison formerly

An enclosure; an enclosed place in which trained are shut up. Pound breacli: the pound, for the purpose of taking out the cattle Pound master: the keeper of a pound. Ponndag^e. An

I. fr. In old English law. Division; parceners; a divided share.

or pnrpresture. The wrongful other; encroacliing on crown or common lauds.

In old English law. An officer of the personage, who provided corn and other victual.

I. fr. and eng. In old English law. fuel, victual and other necessaries for the king's

poistee, sc. In Scots law. Power, v. Liege

I. fr. In old English law. Poor persons.

I. In the civil law. One who betrays his trust; an advocate who aids the opposite party by betraying his client

The course of procedure in courts; th6 form of conducting suits, actions and other judicial proceedings. In a general sense, practice includes pleading, though it is usually distin

In Scots law. The decisions of the Court of Session, as evidence of the practice or custom of tho country.

I. Command; an original writ commanding the defendant to do a certain thing, or show cause; a paper containing the particulars of a writ, filed in the office out of which the writ

I. In old English law. To command; the usual word of command in the mandates of the old writs.

I. I. In old English law. To call in court; to make proclamation by a crier.

1. 1. In old English law. To deduct first, or in the first instance. tined or devoted to agriculture, Freedia urbana: city estates, especially dwelling-houses, whether in town or c

preedicta, prs Bdictuin, 1 1. In old English law. Aforesaid, the aforesaid, — meaning the last antecedent

I. In old English law. Estate, property, — applied to the estate or title of the king, as lord paramount. In the civil law. Land; a piece of land; an estata Prasdium domiiians: a d

1. 1 In old English law. Aforesaid.

I. In old English law. The chief officer of a hundred, and other divisions. In the Roman law. A chief officer; a governor or commander; the title of various officers and magistrate

I I. In old English law. A preparatory oath.

Lat. In old English law. Reward; compensation. Praemium assecurationis: compensation for insurance; premium of insurance. Praemium pudicitiae: the price of chastity; compensation f

I. Fore-name, or first name, the first of the three names by which the Romans were commonly distinguished.

/. Presence. Prsesentia corporis et Tcritas noiuinis tollit errorem of the body [or corporeal thing itself] the name; and the truth of the name demonstration or description.

I. In the civil and old English presume; to anticipate.

I. In old English law. Presumption Praesumptio juris: a presumption of law; the existence of a thing until its existence is presumption; — et de jure: a presumption presumption inf

I. In the civil law. The chief judicial magistrate among the Romans; the governor of a province. Prsetor lidei-conimissarius: a special praetor created to pronounce judgment in cas

Lex Praetoria: the Praetorian law; a law by which every freedman who made a will was commanded to leave a moiety to his patron. Lex regia: the royal law, — the law by which the leg

Pragmatica sanctio, I. In the civil law. A rescript of the emperor, in answer to the petition of a corporation or public body.

I In old English an oath.

1. 1. In old Scots law. A form of action in the Court of Session, by which a delay to discuss a suspension or advocation was got the better of.

I. It is presumed; the presumption legitimatione: the presumption is in favor

I A bad custom.

I. Practice. Praxis judicum est interpres legum: the practice of the judges is the interpreter of the laws.

v. Aid-prayer.

An introduction; a clause introducing and explaining the reasons for the adoption of a constitution; a clause introducing a statute or ordinance, stating the reason for its enactme

The right of being heard before another; a privilege of the English bar, the members of which are entitled to be heard in their order, according to rank.

In English ecclesiastical law. An endowment or pension to a cathedral or conventual church for maintaining a priest or canon as prebendary.

In English ecclesiastical law. The stipendiary of a cathedral or conventual church; one who has a prebend.

or preces, I. I. In old English law. Days' work which the tenants of certain manors were bound to do for the lord in harvest.

I. Precarious; held as by mere entreaty; depending on the will and pleasure of another. Precarium nomen: a precarious titla In the civil law. A gratuitous loan, upon request and re

That which goes before, or takes place befora v. Condition.

An authority to be followed in courts of justice; a judicial decision on a point of law ai'ising in a given case; a written form of proceeding whicli has been approved by the court

I. I. On the prayer of the parties.

A command in writing; a species of writ or process. In American law. A process under seal, issued by a prosecuting attorney, commanding the sheriff to summon a jury, etc.; a proces

The territory within which an officer may legally discharge the duties of his office; any district marked out and defined, as an election district '

I He ought not to be barred; the beginning of a replication to a special plea.

In Soots law. Preliminary examination; the investigation of a criminal case, preliminary to committing the accused for trial.

A contract made before another contract, — especially applied to marriage contracts.

One who goes or has gone before, — applied to a body politic or corporata

or predial. That which arises or comes from the ground. Predial, or prsedial tithes: tithes arising from the profits of lands, as, of corn, grass or wood.

In American law. A privilege enjoyed by government in relation to Indian lands; an exclusive right to purchase a quantity of public lands, acquired by residence thereon, cultivatio

The holder of a right of pre-emption.

To give priority or advantage, as to creditor above creditor;

Payment made or or may give a particular others.

v. Negative.

1 1, Preignothory, thonotary.

A judging beforehand; detriment

To think of beforehand

premisses. Things put viously stated or set forth; one deed or conveyance, consisting the date, parties, consideration, the thing demised or granted; of land, buildings, etc.

A reward or recompense, for an act done; the sum paid the insurer, as the consideration promissory note given as part

L fr. Taking; the power is offered, v. In prender; In In old English law. Prender de riage.

I. fr. Before-thought

Superiority of

The privilege of required or demanded before, In English law. That special and above all other persons, in tive court: a court established causes, where the deceased left dioceses,

I fr. Near. v. Cy pres.

To allege a title to a memorial usaga

A mode of acquiring tinued usage; a title to incorporeal scription, time ot: a length of of prescription, or title by tical with time immemorial, or security given by a debtor whic

Being in a particular place, which is either actual, as where the person is bodily there, or constructive, as where he is so near as to be held to be present in contemplation of la

In English ecclesiastical law. To offer a clerk to the bishop of the diocese, to be instituted; to find or represent judicially, as a grand jury present certain offenses.

In English ecclesiastical law. The act of a patron or proprietor of a living, in offering a clerk to the ordinary for institution.

The notice taken by a grand jury of any offense, from their own knowledge or observation, without a bill of indictment: in a more general sense, an indictment, or an inquisition of

Present letters or instrument

In old English laio. A duty in money to be paid by the sheriff on his account in the exchequer, or for money remaining in his hands.

prist, I. fr., In old English law. Ready. Prest a passer: ready to pass, that is, to give a verdict Prest averrer: ready to prove.

In old English law. A payment or performance; the rendering of a service; a toll, custom or duty.

A taking beforehand; the taking of a fact to be so, before it certainly appears; an inference as to a fact in question drawn from facts known or admitted. Presumption of fact: an i

Evidence presenting facts from which a presumption may be drawn as to the existence of other facts; evidence of facts admitting of explanation or contradiction. Presumptive heir: a

pretenced. In old English law. Pretended; claimed.

precium, I. Price; value. i In the civil law. The price of a thing sold, which properly consisted in counted money. Pretium affectionis: the price of affection; a price or,value ex

fridstow, frilhstow, sax. In Saxon law. A seat, chair or place of peace; an asylum, refuge or sanctuary for offenders.

I On the first face; at the first view. Prima facie evi-

The common-law conveyances, otherwise termed original, by which an estate is created or lirst arises. They include feoffments, gifts, grants, leases, exchanges and partitions.

In English law. A chief ecclesiastic; a prelate of supreme dignity and authority; an archbishop.

I. fr. In old English law. First Primer fine: a fine or payment due to the king on suing out the writ of pi-cecipe, in levying a fina Primer seisin: a feudal right of the king when

/. In English law. First fruits; the first year's whole profits of a spiritual preferment

In English law. The privilege of the first-born or eldest son; the right of the eldest son to inherit his ancestor's estate, in exclusion of younger sons.

I. In old English law. A first-born or eldest son.

I. I. Of first impression; without precedent.In the civil law. PrimsB preces: an imperial prerogative right to name to the flirst prebend in every church of the empire that became

L In the canon law. The first decree; a preliminary decree granted on the non-appearance of a defendant, by which the plaintiff was put in possession of his goods, or of the thing

Lat. In old English law. The king. Princeps et respublica ex justa causa possunt rem meam auferre: the king and the state [the government] may take my property for just cause. In t

Z. fr. Head; chief; principal.

A chief or head; one who appoints, employs, instructs, directs or orders another to act for him; in criminal law, a chief actor or perpetrator, as distinguished from an accessory;

Leading; most important Principal cliallenge: a challenge of a juror for a cause which carries with it prima facie, evident marks of suspicion either of malice or of favor. Princip

Z. In civil and old debtor; a principal or chief excnti antequam perveniatar ought always to be discussed before

I. Withstand stages, if you would do so with

I. In civil and old English Prior tempore potior jure, I. [He in right

Z. Principles; axioms; bant, non probantur: principles