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Possy-COMITATUS. This means the power of the county. A sherifi
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 infirin 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 anı.
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, anless 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 seut 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 Q.
courts. Promissory NOTE. See chapter on NOTE8 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 negotia
ble paper, by which it is declared that all parties to tho paper will be held responsible to the holder for all damages. Also, in maritime law, a statement by the master of a vessel, duly attested by a competert person, 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. Potative. Reputed or supposed to be. The word ie most com
mmonly upplied to the father of an illegitimate child.
Quase. To overthrow, dismiss, or annal legal procoodingi.
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 lawfnlly transacted.
RATIFICATION. Giving force to a contract made by the person in ques
tion 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
before 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 ono
person, 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 estato,
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
execution 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 specifio be quests or legacies.
RESPONDENT. In equity law, the person who answers to a bill or com.
plaint. 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 over
throw the legitimate authority of those in command. Right. Means, in law, a claim which is founded upon law and fact. Bior. 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
boundary 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. BOBBERY. The forcible and wrongful taking from tho porson of another
of goods or money, and putting him in fear. Threats may be violenco enough to make the offence robbery.
BALE. See chapter on SALES OF PERSONAL PROPERTY.
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. SEAWORTHINE88. The fitness of a vessel in all respects of materials,
equipment, 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. BIGN or SIGNATURE. The writing of a man's namo, 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
obligation is stated.
SPECIFIC PERFORMANCE. The fulfilment or performance of a contract
hy the party bound to perform it. This a court of equity will compel,
if sufficient reasons be shown. SreCIFICATION. In patent law, a specific and detailed account of the
invention to be patented. STATUTE. A law enacted by a legislative power. STOPPAGE IN TRANSITU. See chapter on Sales. SUBORXATION OF PERJURY. The inducing or procuring a person to com
mit legal perjury. SUBPEEXA. A writ or process summoning a person to appear and give
testimony, 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 ende
at sunsetting on Sunday. SURETY. See chapter on GUARANTY. SURROGATE. A term used in some States to denote the officer in othai
States called judge of probate or ordinary.
Tenant. See chapter on LEABER.
tent to be paid as money, and with the effect of money. TENURE. The manner in which or by which a man holds an estate ir.
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-MARK8. TRESPASS. Any wrongful act of one person whereby another person 18
injured. Trust. Is, in law, a right or a property which one person holds for tho
benefit of another. The person holding it is called the trustee, and ho 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 DEBTS.
CBURY. See chapter on INTEREST AND USURY.
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 announood to
the court. VOUCHER. The written evidences of the truth of entries or charges.
NAIVER. The abandonment of a right, or a refusal to accept the
description of persons, have of going over another man's land. ALL. See chapter on Wills. UITNESS. 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
subscribing witness. WRECK. Commonly used as ineaning & vessel that is cast away. In
maritime law, it means the vessel or goods cast away on land by tho
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 Siate, commanding the person or officer to whom it is addressed to do what is required therein. It is usually attested by a judge, and wount zsigned by the clerk of his court.