Lapas attēli

POSSE-COMITATUS. This means the power of the county. A sheriff or

other peace officer has a right to call every male person in the county to his aid, for the purpose of preserving the public peace, excepting only

those too infirm of body or mind to assist. Post. After. An instrument is post-dated if it has a date subsequent to

that at which it is actually made. POST-MARKS. Are received in law as evidence of the fact and the time of

a letter passing through the post-office. Pound. The place which is inclosed by public authority, where stray ani.

mals may be placed, until reclaimed according to law. PRECEPT. In law, means a writ directed to some officer, commanding him

to do something. PREMIUM. In the law of insurance, is the consideration paid or promised,

for the insurance. PRESUMPTION. An inference of the law from certain facts, of some other

fact or proposition. PRIMA FACIE. Literally, at the first appearance. Prima facie evidence is

that which is sufficient to establish a fact, unless it be rebutted or

contradicted. PRIMOGENITURE. The right of primogeniture gives an estate to the eldest

son in preference to the other children. It does not exist in the United

States. PRINCIPAL. See chapter on AGENCY. PRIVATEER. A vessel owned by private individuals, and armed by them,

but authorized by a belligerent government to carry on maritime war

against the enemy. PRIZE. A vessel or goods of an enemy taken and detained at sea, by the

authority of a belligerent power, to be sent into some convenient port

for adjudication. PROCESS. The method which the law uses to compel compliance with the

commands of a court. In patent law this word signifies the art or the

method by which a result that is patented is produced. PROCTOR. In courts of admiralty, what an attorney or solicitor is in other

courts. PROMISSORY NOTE. See chapter on NOTES AND BILLS. PROSECUTIONS. The means and method of bringing a supposed criminal

to justice by courts of law, PROTEST. The act of a notary public, made on the dishonor of negotiable

paper, by which it is declared that all parties to the paper will be held responsible to the holder for all damages. Also, in maritime law, % statement by the master of a vessel, duly attested by a competent per: son, in which the circumstances of a voyage or an accident by which

the ship has sustained injury, are fully described. PROXY. A person representing another with the right of voting. It is also

used as the name of the instrument by which a person is so appointed

and authorized. PUTATIVE. Reputed or supposed to be. The word is most commonly ap

plied to the father of an illegitimate child.

QUASH. To overthrow, dismiss, or annul legal proceedings.
Quo WARRANTO. The writ or process by which the government inquires

by what right or warrant a person or corporation holds an office or a right, for the purpose of dispossessing him of it, if not in lawful pos

session. QUORUM. The number of persons belonging to an assembly, society, or

other body who must be present that the business may be lawfully transacted.


RATIFICATION. Giving force to a contract made by the person in question

but not now in force, or by another man as his agent. REAL PROPERTY. Land and whatever is built upon or growing upon the

same, whether it be on or beneath the surface or above the surface. RECEIVER. Usually means a person appointed by a court to take and hold

property in dispute, or the property of a bankrupt. RECOGNIZANCE. An obligation of record which a person enters into be.

fore a court or officer having authority to receive it, with a condition which requires him to do some specified act; usually, to appear in court

at a certain time or on a certain event. RECOUPMENT. A law term, recently introduced into practice, and mean

ing much the same as a set-off against or a reduction from the claim of

a plaintiff. REFERENCE. See chapter on ARBITRATION. REMAINDER. When a grant or will creates a particular estate in one per

son, which will cease on a certain event, and then gives the estate over to another, this latter part of the estate is called the remainder. It may be contingent, when the event may never take place; or vested, when the remainder-man acquires an immediate interest in the estate,

although it is to be enjoyed only when the event happens. RENT. See chapter on LEASE. REPLEVIN. That form of action by which a plaintiff seeks to recover the

possession of personal chattels which have been taken from him unlaw

fully. REPRIEVE. The withdrawing of a sentence of a criminal, which delays ex

ecution for a certain time. RESCISSION. The annulling or dissolution of contracts by mutual consent,

or by one party because of the breach of the contract by the other. RESCUE. A forcible deliverance of a prisoner from the custody of the law

by a third person. RESIDUARY CLAUSE. That part of the will by which all of the property

is disposed of which remains after satisfying devises and bequests. Residuary legacy is the remainder of the property after specific bequests or legacies.

RESPONDENT. In equity law, the person who answers to a bill or complaint. RETAINER. Usually means the fee by which a client engages an attorney

at-law to do certain business for him. REVOLT. The endeavor of one or more of the crew of a vessel to overthrow

the legitimate authority of those in command. Right. Means, in law, a claim which is founded upon law and fact. Riot. A disturbance of the peace, by three or more persons conspiring to

raise a tumult, or do some wrong thing, in a violent and turbulent


RIPARIAN PROPRIETORS. Those who own the land upon the shore or bound

ary of the sea, or a lake or a watercourse. Generally a riparian proprietor owns the bed of the river adjoining his land, as far as the

thread or central line of the stream. ROBBERY. The forcible and wrongful taking from the person of another

of goods or money, and putting him in fear. Threats may be violence enough to make the offence robbery.


SALVAGE. Property saved from a peril of the sea; or compensation given

by an admiralty court for service rendered in saving it. SCROLL. In law, is a mark used in the place of a seal; sometimes spelled

scrall. SEAL. An impression upon any impressible substance; or a piece of paper

pasted on with intent to make a seal of it. SEARCH-WARRANT. This is addressed to an officer, and requires him to

search a house or place therein specified, for property alleged to have .

been stolen. SEAWORTHINESS. The fitness of a vessel in all respects of materials, equip

ment, and construction, for the service in which it is employed. SEDITION. Means, in criminal law, the raising of disturbances or commo

tions in the State. SEISIN. Possession of land by one who claims a freehold interest therein. SERVIENT. In the law of easements, if a certain estate has a right over or

against another estate, as a right of drainage through it, the estate to which the right is attached is dominant, and the estate against which

the right operates is servient. SET-OFF. A demand by a defendant, against a plaintiff, by which he seeks

to reduce or destroy his claim. Sign or SIGNATURE. The writing of a man's name, as a sign or token that

he assents to the instrument, or that it is his. SLANDER. Unpublished and untruthful words injurious to another. SOLICITOR. Means, in chancery courts, what an attorney does in other

courts. SPECIALTY. A writing sealed and delivered, wherein an agreement or obli

gation is stated.

SPECIFIC PERFORMANCE. The fulfilment or performance of a contract by

the party bound to perform it. This a court of equity will compel, if

sufficient reasons be shown. SPECIFICATION. In patent law, a specific and detailed account of the in

vention to be patented. STATUTE. A law enacted by a legislative power. STOPPAGE IN TRANSITU. See chapter on SALES. SUBORNATION OF PERJURY. The inducing or procuring a person to commit

legal perjury. SUBPENA. A writ or process summoning a person to appear and give testi

mony, or to submit himself to what the court may order. SUFFRAGE. The act of voting; the vote itself. Suit. Synonymous with action at law. SUNDAY. The first day of the week. The legal name of this day is the

Lord's day. Generally it begins at twelve o'clock on the night between Saturday and Sunday, and continues twenty-four hours. In some of the New England States it begins at sunsetting on Saturday, and ends

at sunsetting on Sunday. SURETY. See chapter on GUARANTY. SURROGATE. A term used in some States to denote the officer in other

States called judge of probate or ordinary.


TENANT. See chapter on LEASES.
TENDER. A legal tender is that which the law of a State makes competent

to be paid as money, and with the effect of money. TENURE. The manner in which or by which a man holds an estate in lands. TESTAMENT. Another name for a will. The testator is one who has made

a will. TITLE-DEEDS. Deeds which are evidences of the title of him who owns an

estate. Tort. A private wrong or injury other than the breach of a contract. TRADE-MARKS. A mark which a tradesman puts upon goods that he has

manufactured, by way of symbol, emblem, or sign that they were made by him or for him, and that he claims an exclusive right to sell them.

See chapter on TRADE-MARKS. TRESPASS. Any wrongful act of one person whereby another person is

injured. Trust. Is, in law, a right or a property which one person holds for the

benefit of another. The person holding it is called the trustee, and be for whose benefit it is held is called the cestui que trust, or, better,

the beneficiary. TRUSTEE PROCESS. A process by which goods or credits of a debtor in

the hands of a third person may be reached by an attaching creditor; it is similar to the garnishee process. See chapter on RECOVERY OF DEBTS.

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VAGABOND, or VAGRANT. One who wanders about idly, and with no home,

and begs, and will not work. VERDICT. The unanimous decision made by a jury and announced to the

court. VOUCHER. The written evidences of the truth of entries or charges.


WAIVER. The abandonment of a right, or a refusal to accept it.
WARRANTY. See chapter on SALES.
WAY. A right of way is the privilege which some person, or a certain

description of persons, have of going over another man's land. Will. See chapter on Wills. WITNESS. One who testifies in court under oath or affirmation to what he

knows. Also one who signs his name to an instrument, in evidence that it was executed in his presence; he is then called an attesting or sub

scribing witness. WRECK. Commonly used as meaning a vessel that is cast away. In mari.

time law, it means the vessel or goods cast away on land by the sea,

or found at low water, between high and low water mark. Writ. A written precept issued by a competent court in the name of the

State, commanding the person or officer to whom it is addressed to do what is required therein. It is usually attested by a judge, and countersigned by the clerk of his court.

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