Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Lat. A pact; compact, agreement. Pacta dant legem contractui: the stipulations of the parties constitute the law of the contract. Pacta privata non derogant juri communi: private a

fr. A punishment for a person accused of felony who stood mute and refused to plead. It was not administered until after threefold warning (trina admonitio), and consisted of being

v. Court, 56.

I. Openly. Palam populo: before the people.

That of Chester, a been abohshed. The (69.) Court caster and (70.) of Pleas at diction under the Judicature Act courts of these counties are Principality of Weiles were diction, ab

Pertaining to a palace, possessing royal privileges. Vi

The Code Justinian, or Digest, the chief compilation of the corpus juris civilis under Justinian.

panell. A parchment schedule containing the names of the jurymen returned by the sheriff, annexed to the venire facias. V. Impanel.

A formal collection, copy, or file of the pleadings and proceedings in a cause, prepared for the judges upon the hearing; the transcript of the record.

/. Equal. Pares: peers. The freeholders of a neighborhood. Pares curiae: the tenants of a manor in attendance on the court. Pares de vioineto: the freeholders of the neighborhood,

Equality of condition, blood, or dignity, v. Disparage.

over all. The lord paramount: the chief lord, of whom the mesne lords held.

Parapherna. Movable goods vrhich a widow is allowed to retain besides her dower; jewels, apparel, etc.

I. (I have him in readiness.) A sheriff's return, upon a ca. resp., that he had taken the defendant, and had him ready to bring into court.

I. He is prepared to verify, v. HI hoc.

The lowest tenant of land was so called, he who held of the mesne lords, and was supposed to occupy the land.

Coparceners, v. Coparcenary. Parchemin,yr. Parchment; a record.

v. Poundbreach.

I. The father of the country; in England, the King; in America, the State; having guardianship of the poor and incapable.

I. Of equal guilt. Pari materia; of the same matter, on the same subject. Pari passu: in equal degree, by equal steps. Paribus sententiis reus absolvitur: when the opinions are equ

A piece of enclosed land of chase. Parler,/r. To speak. Parlance:

/r. A word. Oral; not contract: a contract, written or of record. Parol demurrer: ley: the technical words of law.

/. A part, party. Pars negotii: part of the same the soil. Pars judicis: the nabilis: v. De rationabili parte

v. Induction,

Scotch, for

/. A party

lien. v. an estate for life or years preceding

The division of land in common, joint tenancy, or

An association of in which the members (partners) agent, and share in the profits ship. Limited partnership: special partners. Dormant profits, but has no power in does not appear

/. Birth, offspring. follows the womb privileged for tie keeping of beasts speech. written, not under seal. Parol or otherwise, but not under seal v. Age-prier. Parola de enitia: v

/. Petty treason. serjeanly. Parvum cape: petit

Open; unsealed, v. Clause, patent: a grant of some privilege, made by the sovereign to one or grant of an exclusive privilege to for a term of years; a grant by the he lands.

I. Father. Pater-familias: est queni nuptise demonstrant marriage indicates. Pater patriae: Parens. Paterna paternis: on the father's side; v. Materna.

/. The passive party to an

I. In civil law, the family.

He who has an advowson, tronage: the advowson.

In New York, the lord of

A bailment of personal property pledge.

I., Fcd Xi/r. The peace: Pax church, sanctuary. Pax regis: the quiet. The verge of the court, tuary around the King's palace.

v. Note, Bill, III. 4.

Appropriation, Application, application of a payment to one tween the same parties. If the creditor may apply the payment to Fa.jB,/r. Country, v. Pais.

Bill of. v. Bill, I. 12. Party-jury: v. Bilinguis. Parva serjeantia: petty cape; v. Cape. I. Know all men by these Ambiguity, Writ. Letters title, property, or authority more subje

In ecclesiastical law, a parish exempt jurisdictionj and subject only to the metropolitan, holds the benefice, v. Court of Peculiars,

I. Cattle; property; personal property money. Pecunia numerata: counted money. numerata: money not paid. Pecunia money on a ship or cargo; bottomry, foenus

pl. pecora, I. ' A beast; cattle.

/. To place the foot; enter positio: actual possession. Pee,//-. The foot; the foot of a/»e.

/. Dusty foot; a huckster V. Court of Piepowders, Court, 36.

/., Peohe,/r. A fault; a sin.

An equal. The vassal of a lord who judge his co-vassals. A lord temporal, liament; a baron or higher nobleman. Pees,/r. v. Peas.

/r. Punishment, v. Paine.

Punishable; with a penalty annexed,

I. Hanging. Pendente lite: innovetur, nothing should be changed, v. Fen&ie, fr. To hang. Pendu: hanged.

I. A weight. Pensata: weighed.

;. Through; by; during. Per ambages ods. Per annulum et baculum:.^jimng lus. Per annum: by the year. Per auter another; v. Pur. Per aversionem: a sale Per capita: per head; by head

/r. V. Pur. Peramount: above. Perdre,/r. To lose. Perdu, pert:

Per subsequens quent marriage. Per tant: v. Pur. V. Common form. Per totum all the time aforesaid. Per totam Per usucaptionem: by possession, ment. Per vadium: by gage, by de futur

Mandamus. [word]. Per ezpressum: exright or ■wrong. Per formam governed descent in estates Per incuriam: by mistake. Per legale judicium of his peers. Per legem

'io justify bail after exception.

/. Parchment; a record.

I. Danger, peril. Periculo the suitor. Periculum rei venditae, emptoris: the risk of a thing sold, not buyer's.

False swearing, under oath lawfully judicial, legal, or political proceeding, to a

Waste resulting from

Receiving; actual taking of rents

pernour,/?-. A taker, receiver.

v. Bill, I. 13.

An estate unalienable for a long than that allowed by law. Such limitation, may be longer than lives in being at the twenty-one years nine months after, is void

I. To gain, acquire. Perquisitio Persona conjuncta sequiparatur interesse united person is equivalent to one's own blood is as good a consideration as personal impersonata: a parso

Able to maintain a plea, capable

Of the person, following the nal replevin: v. Replevin. Personal erty: those which go to the executor, not of the owner; usually things movable. chattels, replevin: v. Action, Chat

Personal property. Mixed real; for they are subject to the statutes pure personalty is not. not dilatory, one impetentis: at the risk of nondum traditee, est yet deliyered, is the

;. To beg, demand; to sue. plaintiff in a real action. Petit judicium

A tax of a peony on formerly paid the Pope.

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

/. A demand; a count. Petitio the question.

A written motion to a court. 1. V. Petition de Droit. 2. A parliamentary liberties of the people, assented to by tioning creditor: the one who institutes adjudication of a bankrupt

yj-. The modern name a petition of right filed in Chancery, by lands or goods in possession of the dorsed by the King, Soit droit fait done to the party), a commission of ment for

A suit in admiralty to erty, not the possession. Droitural, not

I. I demand; the first word of the real action.

V. Petit. Petty average: v. ofl Sce: an office on the common-law side cery whence issued writs in Crown matters, officers of the court; v. Eanaper. It the Cursitors. Petty sessions

Money paid for setting up booths

sc. Petty theft. Pie,/r. Afoot. Fiepo Mdreiv. Pedepulverosus. V. Court of Piepowders, Court, 36. PertinentiaB: appurte- Petena: a demandant, a: he prays judgment. each house m Engl

;. A pledge. Pignori aooeptum: a bailment in pledge.

An allowance made by a liusband to his wife for her apparel and personal expenses, which remains his property until expended.

The great rolls of aoconnts in the Exchequer.

Eishery; a liberty of fishing in another man's waters.

Pleas. Place -where: v. Locus in quo. - Placita, I. Pleas; suits; pleadings. The title of a judgment record The old pubhc assemblies at which the King presided. Placita oommunia co

I. The pleading of a cause. Placitabile: pleadable.

;. sf. JPlacifa. A- plea, suit, cause; an assembly, court; a day in court; amulet or fine; a judicial proceeding; a legal principle. Placito debiti, detentionis, etc.: in a plea of

/., Plaie./r. A wound; an incised wound. Plaidenr,/?-. A pleader, advocate.

The first process in an inferior court.

The party suing in a personal action, whose name appears on the record. The party really interested as suitor in any judicial proceeding. Equitable plaintiff: one who, althongh rea

1. A suit or action. 2. A pleading. 3. The pleading of the defendant. 4. A defendant's pleading setting up matter of fact. 5. In equity, a short answer in bar of the suit without g

An advocate.' Special admitted to the bar or not) employed the matter should be tried. plaintiff, and next of the deprivilege, etc. 3d. To the ■writ: misnomer, misjoinder, nonof th

The process of cause which terminated merly made orally in court, sisting of the declaration, surrejoinder, rebutter, pleading: v. Pleader. without noticing a defect whereby such d

1. A bailment of debt or engagement, the itor has actual or constructive 3. A surety. Pledges sureties for the plaintiff him to be amerced pro if he deserted or lost his sons, as J

A full benefice,

Pull, complete; mary.

plena, I. Pull. good credit (full faith). jure: with perfect right. travit (he has fully administrator that he has in his hands; plene excepting a specified the plaintiff's demand.

I., Plevine,/;-. Pleyn,y7-. v. Plein. Pleynte,yV. A. plaint,

V. Bote. making the series of allegations in a in an issue. These allegations were forand are now termed pleadings, conplea (v. Plea, 4), replication, rejoinder, surrebutter, etc.;