Legal Term Dictionary

This word is used as an adjective in several compound legal phrases, carrying a meaning suggestive of, or analogous to, its signification as a pouch, bag, or secret receptacle, For these phrases, see "Borough,"^ "Judgment" "Record," "Sheriff* and "Veto."

This word is used as an adjective in several compound legal phrases, carrying a meaning suggestive of, or analogous to, its signification as a pouch, bag, or secret receptacle, For these phrases, see "Borough,"^ "Judgment" "Record," "Sheriff* and "Veto." Less...

Lat Punishment; a penalty. Inst 4, 6, 18, 19. -Pcena corporalis. Corporal punishment- Poena pilloralis. In old English law. Punishment of the pillory. Fleta, lib. 1* c 38, ? XL Pcena ad paaooa, metus ad omnes perveniat. If punishment be inflicted on a few, a dread comes to alL Posna More...

Lat Punishment; a penalty. Inst 4, 6, 18, 19. -Pcena corporalis. Corporal punishment- Poena pilloralis. In old English law. Punishment of the pillory. Fleta, lib. 1* c 38, ? XL Pcena ad paaooa, metus ad omnes perveniat. If punishment be inflicted on a few, a dread comes to alL Posna en delicto defuneti lucres te-nari non debet. The heir ought not to be bound by a penalty arising out of the wrongful act of the deceased. 2 Inst. 19S. Pcena non potest, eulpa perennis erit. Punishment cannot be, crime will be, perpetual. 21 Vin. Abr. 271. Pcena suos tenere debet aetores et non alios. Punishment ought to bind the guilty, and not others. Bract, fol. 380b. Pcense potins molliendss quam eaas-parandse sunt. 3 Inst. 220. Punishments should rather be softened than aggravated. Pcense sint restringendse. Punishments should be restrained. Jenk. Cent 29. Less...

Lat In the civil law. Penal; imposing a penalty; claiming or enforcing a penalty. Actiones pomales, penal actions. Inst 4, 6, 12.

Lat In the civil law. Penal; imposing a penalty; claiming or enforcing a penalty. Actiones pomales, penal actions. Inst 4, 6, 12. Less...

Lat In the civil law. Repentance; reconsideration; changing one's mind; drawing back from an agreement already made, or rescinding it -Loons poenitentise. Room or place for re-pentence or reconsideration; an opportunity to withdraw from a negotiation before finally concluding the contract or agreement. Also, in criminal law, an opportunity afforded More...

Lat In the civil law. Repentance; reconsideration; changing one's mind; drawing back from an agreement already made, or rescinding it -Loons poenitentise. Room or place for re-pentence or reconsideration; an opportunity to withdraw from a negotiation before finally concluding the contract or agreement. Also, in criminal law, an opportunity afforded by the circumstances to a person who has formed aa intention to kill or to commit another crime, giving him a chance to reconsider and relinquish his purpose. Less...

The process of the law of Scotland which answers to the distress of the English law. Poinding is of three kinds: Real poinding or poinding of the ground. This is the action by which a creditor, having a security on the land of his debtor, is enabled to appropriate the More...

The process of the law of Scotland which answers to the distress of the English law. Poinding is of three kinds: Real poinding or poinding of the ground. This is the action by which a creditor, having a security on the land of his debtor, is enabled to appropriate the rents of the land, and the goods of the debtor or his tenants found thereon, to the satisfaction of the debt "-Personal poinding. This consists in the seizure of the goods of the debtor, which are sold under the direction of a court of justice, and the net amount of the sales paid over to the creditor in satisfaction of his debt; or, if no purchaser appears, the goods themselves are delivered."----Poinding of stray cattle, committing depredations on corn, grass, or plantations, until satisfaction is made for the damage. Belt" Less...

A distinct proposition or question of law arising or propounded in a case. -Point reserved. When, in the progress of the trial of a cause, an important or difficult point of law is presented to the court, and the court is not certain of the decision that should be given, More...

A distinct proposition or question of law arising or propounded in a case. -Point reserved. When, in the progress of the trial of a cause, an important or difficult point of law is presented to the court, and the court is not certain of the decision that should be given, it may reserve the point, that is, decide it provisionally as it is asked by the party, but reserve its more mature consideration for the hearing on a motion for a new trial, when, if it shall appear that the first ruling was wrong, the verdict will be set aside. The point thus treated is technically called a "point reserved."-Points. The distinct propositions of law, or chief heads of argument, presented by a party in his paper-book, and relied upon on the argument of the cause. Also the marks used in punctuation. Duncan v. Kohler, 37 Minn. 379, 34 N. W. 594; Commonwealth Ins. Co. v. Pierro, 6 Minn. 570 (Gil. 404). Less...

In medical jurisprudence. A substance having an Inherent deleterious property which renders it when taken into the system, capable of destroying life. 2 Whart & S. Med. Jur. 11. A substance which, on being applied to the human body, internally or externally, is capable of destroying the action of the More...

In medical jurisprudence. A substance having an Inherent deleterious property which renders it when taken into the system, capable of destroying life. 2 Whart & S. Med. Jur. 11. A substance which, on being applied to the human body, internally or externally, is capable of destroying the action of the vital functions, or of placing the solids and fluids in such a state as to prevent the continuance of life. Wharton. See Boswell v. State, 114 Ga. 40, 39 S. E. 887; People v. Van Deleer, 53 Cal. 148; Dougherty v. People, 1 Colo. 514; State v. Slagle, 83 N. C. 630; United States Mut. Ace. Ass'n v. Newman, 84 Va. 52, 3 S. E. 805. Less...

A measure of length, equal to five yards and a half.

A measure of length, equal to five yards and a half. Less...

Police is the function of that branch of the administrative machinery of government which is charged with the preservation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention, detection, and punishment of crimes. See State v. Hine. 50 Conn. 50, 21 Atl. More...

Police is the function of that branch of the administrative machinery of government which is charged with the preservation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention, detection, and punishment of crimes. See State v. Hine. 50 Conn. 50, 21 Atl. 1024, 10 L. R, A. 83; Monet v. Jones, 10 Smedes & M. (Miss.) 247; People v. Squire, 107 N. Y. 503, 14 N. E. 820, 1 Am. St Rep. 803; Logan v. State, 5 Tex: App. 314. The police of a state, in a comprehensive sense, embraces its whole system of internal regulation, by which the state seeks not only to preserve the public order and to prevent offenses against the state, but also to establish for the intercourse of citizen with citizen those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own, so far as is reasonably consistent with a like enjoyment of rights by Others. Cooley, Const. Lim. *572. It is defined by Jeremy Bentham in his works: "Police is In general a system of precaution, either for the prevention of crime or of calamities. Its business may be distributed into eight distinct branches: (1) Police for the prevention of offenses; (2) police for the prevention of calamities; (3) police for the prevention, of epidemic diseases; (4) police of charity; (5) police of interior communications; (6) police of public amusements; (7) police for recent intelligence; (8) police for registration." Canal Com'rs v. . Willamette Trsnsp. Co., 6 Or. 222. 1-Police oourt. The name of a kind of inferior court in several of the states, which has a summary jurisdiction over minor offenses and 'misdemeanors of small consequence, and the powers' of a committing magistrate in respect to more serious crimes, and, in some states, a "of limited jurisdiction for the trial of civil causes. In English law. Courts in which stipendiary magistrates, chosen from barristers of a certain standing, sit for the dispatch of business. Their general duties and powers are the same as those of the unpaid magistracy, except that one of "them "may usually act in cases which would require to be heard before two other justices." Wharton.--Polioo de oliargement. Fr. In French law. A bill of lading. Ord. Mar. liv. fc, fit. 2.-Police jury, in Louisiana, is the designation of the board of officers in a.parish corresponding to the commissioners'or' supervisors of a county in other states.-Police justice. A magistrate charged exclusively with the duties incident to the common-law office of ",g conservator or justice of the peace; the pre-"',fix "police" serving merely to distinguish them from justices having also civil jurisdiction. Wenzler v. People. 58 N. Y. 530.-Polioe magistrate. See MAGISTRATE.-Polioe officer. ".One of the staff of men employed in cities and . towns to enforce the municipal police, i. e., the laws and ordinances for preserving the peace ' and good order of the community. Otherwise .'? called "policeman."-Police power. The power vested in a state to establish laws and ordinances for the regulation and enforcement of its police as above defined. The power vested in ' the legislature to make, ordain, and establish . all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or',, without, not repugnant to the constitution, "as. they shall judge to be for the good and wel-1 fare of the commonwealth, and of the subjects of the same. Com. v. Alger, 7 Cush. (Mass.) 85. The police power of the state is an authority conferred by the American constitutional system upon the individual states, through which ' they are enabled to establish a special depart. meat of police; adopt such regulations as tend to prevent the commission of fraud, violence, or "other offenses against the state; aid in the arrest of criminals; and secure generally the comfort health, and prosperity of the state, by preserving the public order, preventing a conflict of rights in the common intercourse' of the citizens, and insuring to each an uninterrupted enjoyment of all the privileges conferred upon him by the laws of his country. Lalor, Pol. Enc. ". v. It is true that the legislation which secures to all protection in their rights, and the equal use and enjoyment of their property, embraces an almost infinite variety of subjects. Whatever affects the peace, good order, morals, and health of the community comes within its scope; and every one must use and enjoy his property subject to the restrictions which such legislation imposes. What is termed the "police power" of the state, which, from the language often used respecting it one would suppose to be an undefined and irresponsible element in government, can only interfere with the conduct of individuals in their intercourse with each other, and in the use of their property, so far as may be required to secure these objects. Munn v. Illinois. 94 U, a 145, 24 L. Ed. 77. For other definitions, see Slaughterhouse Cases, 16 Wall. 62, 21 L. Ed. 394: Stone v. Mississippi, 101 U. S. 818, 25 L. Ed. 1079; Thorpe v. Rutland A B. R. Co., 27 Vt 140, 62 Am. Dec. 625; People v. Steele. 231 111. 340, 83 N. E. 236. 14 L. R. A. (N. S.) 361, 121 Am. St Rep. 321; Dreyfus v. Boone, 88 Ark. 353, 114 S. W. 718; Carpenter v. Reliance Realty Co., 103 Mo, App. 480,77 S. W. 1004; State v. Dal-ton, 22 R; I. 77, 46 Atl. 234, 48 L. R. A. 775, & Am. St Rep. 818; Deems v. Baltimore, 80 Md. 164, 30 Atl. 648, 26 L. R. A. 541, 45 Am. St. Rep. 339: In re Clark, 65 Conn. 17, 31 Atl. 522, 28 L. R. A. 242; Mathews v. Board of Education. 127 Mich. 530, 86 N. W. 1036, 54 L. R. A. 736.-Polioe regulations. Laws of a state, or ordinances of a municipality, which have for their object the preservation and protection of public peace and good order, and .of the health, morals, and security of the people. State v. Greer. 78 Mo. 194; Ex parte "? Bourgeois, 60 Miss. 663. 45 Am. Rep. 420; So--nora v. Curthv 137 Cal. 583, 70 Pac. 674;" Roanoke Gas Co. v. Roanoke, 88 Va. 810. 14 S. E. 665.-Police supervision. In England, subjection to police supervision is where a criminal offender is subjected to the obligation of "of notifying the place of his residence and every .change of his residence to the chief officer of 'police of the district, and of reporting himse.lf" once a month1 to the chief officer or his substitute. Offender* subject to police supervision are, popularly called "habitual criminals." . Sweet. Less...

A court established in pursuance of the statutes 43 Eliz. e, 12, and 13 & 14 Car. II. c. 23. Composed of tbe judge of the admiralty, the recorder of London, two doctors of " the civil law, two common lawyers, and eight merchants; any three of whom, one being More...

A court established in pursuance of the statutes 43 Eliz. e, 12, and 13 & 14 Car. II. c. 23. Composed of tbe judge of the admiralty, the recorder of London, two doctors of " the civil law, two common lawyers, and eight merchants; any three of whom, one being a civilian or a barrister, could determine in a summary way causes concerning policies of assurance in London, with an appeal to chancery. No longer in existence 3 Bl. Comm. 74. Less...