Petit

Fr. Small; minor; inconsiderable. Used in several compounds, and sometimes written "petty."

— Petit cape. A judicial writ, issued in the old1 actions for the recovery of land, requiring the sheriff to take possession of the estate, where the tenant, after having appeared in answer to the summons, made default in a subsequent stage of the proceedings. As to petit "Jury," "Larceny," "Sergeanty," and "Treason," see those titles.

/.

In old English law. Prays; demands. oyer. Petit judicium: prays judgment

fr. Petty; small. Petit Cape, jeanty, Treason: see those titles.

The old law-French word, meaning small. It appears in some compounds in modern use. The English form, petty, is used interchangeably with it. Petty average. Some small charges which, in insurance and commercial law, are shared between ship and cargo. See Bouvier; Burrill. Petty-bag of Bce. An office which belongs to the common-law courts in chancery, and out of which all writs in matters wherein the crown is interested do issue. Such writs, and the returns to them, were in former times preserved in a little sack or bag {in parva baga), whereas other writs, relating to the business of the subject, were originally kept in a hamper (tn hamperio); and thence has arisen the distinction of the hanaper office and petty-bag office, which both belong to the common-law side of the court in chancery. {Stat. 5^6 Vict. ch. 103.) Brown. Petty constable. The ordinary, local constable, as distinguished from the high constable. See Bouvier. Petit, or petty jury. The lesser juiy. The ordinaiy jury of twelve persons, by which issues are tried; as distinguished from the grand jury (q. v.), whicli may contain twenty-three members, and sits to examine complaints and prefer indictments. Petit, or petty larceny. Small larceny. Stealing property not exceeding twelve pence in value was, at common law, distinguished by this name from stealing things of greater value, and received lighter punishment. See Larceny. Petit serjeanty, is said by Littleton to consist in holding lands of the king by the service of rendering to him annually some small implement of war, as a bow, a sword, a lance, an arrow, or the like. The services of this tenure being free and certain, it is in all respects like free socage. No wardship of lands or body could be claimed by the king in virtue of petit serjeanty. {Cowel; 2 Bl. Com. 81, 82; 1 Steph. Com. 210; Wms. R. P., Pt. I. ch. 5.) Mozley & W. Petty sessions. The meeting of two or more justices for trying oifences in a summary way under various acts of parliament empowering them to do so; for committing offenders for trial; for making orders in bastardy, hearing poor-rate appeals, and other similarpurposes. {i Bl. Com. 272, 273; 2 Steph. Com. 298, 649;.3 Id. 67.) A bench of magistrates, which is also called a petty sessions, or a court of petty sessions, is formed by the periodical (generally weekly), as well as occasional, meetings of the justices of the peace for boroughs or for counties, ridings, or divisions, within certain recognized divisions or districts called divisions for special sessions, but really divisions for the holding of petty sessions, and transacting and determining all matters arising within those limits, as well as business required to be done in special sessions for those limits. Such divisions are popularly calledpetty sessional divisions. They are generally held at the most important or central town of the division, either at one of the principal inns or at the town-hall, or other public building, if there should happen to be one; but a petty sessions may be held by any two justices on their mere private agreement, for the purpose of acting either ministerially or judicially in any cases within their authority, and anywhere in the division, except in certain cases where the statute giving cognizance of the offence or other matter requires the sitting to be " at the usual place " for the division, or otherwise fixes the place of meeting, or controls the justices in their selection of the same. Justices for boroughs are forbidden, by section 100 of the municipal corporation act, 1835 (5 & 6 Wm. IV. ch. 76) to hold their petty sessions at Petit, or petty treason. In old English law, inasmuch as the killing of a person in authority by an inferior, who owed him obedience, was deemed to involve somewhat of the element of breach of allegiance, which is so prominent in high treason, such killing was called petit treason. It might be committed by a servant killing his master; by a wife killing her husband; by an ecclesiastical person killing his.superior, to whom he owed faith and obedience. The punishment of petit treason was, in a man, to be drawn to the place of execution and hanged; and, in a woman (as in high treason), to be drawn and burnt to death, — which, in the year 1790, was altered to hanging. (4 Bl. Com. 89, 203, 204.) The crime of petit treason is now abolished by Stat. 9 Geo. IV. ch. 31, § 2, and 24 & 25 Vict. ch. 100, § 8; and any killing which formerly amounted to petit treason now amounts to murder only. (4 Steph. Com. 77, 78, 150, note.) Brown.