Legal Term Dictionary

In English law. The name of an offense against the king and his government though not subject to capital punishment. So called from the words of the writ which issued preparatory to the prosecution: "Praemunire facias A. B. quod sit coram nobis" etc.; "Cause A. B. to be forewarned that More...

In English law. The name of an offense against the king and his government though not subject to capital punishment. So called from the words of the writ which issued preparatory to the prosecution: "Praemunire facias A. B. quod sit coram nobis" etc.; "Cause A. B. to be forewarned that he appear before us to answer the contempt with which he stands charged." The statutes establishing this offense, the flrst of which was made in the thirty-first year of the reign of Edward I., were framed to encounter the papal usurpations In England; the original meaning of the offense called "praemunire" being the introduction of a foreign power into the kingdom, and creating imperium in imperio, by paying that obedience to papal process which constitutionally belonged to the king alone. The penalties of praemunire were afterwards applied to other heinous offenses. 4 Bl. Comm. 103-117; 4 Steph. Comm. 215-217. Less...

Lat. Forename, or flrst name. The flrst of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly written with one letter; as "A." for "Au-lus;" 44C." for "Caius," etc. Adams, Rom. Ant. 35.

Lat. Forename, or flrst name. The flrst of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly written with one letter; as "A." for "Au-lus;" 44C." for "Caius," etc. Adams, Rom. Ant. 35. Less...

In old English law. An ofllcer next in authority to the alderman of a hundred, called "propositus regius;" or a steward or bailiff of an estate, answering to the "wicnere." Also the person from whom descents are traced under the old canons. -Propositus eoelesia). A church-reeve, or warden. Spelman.-Propositus villse. More...

In old English law. An ofllcer next in authority to the alderman of a hundred, called "propositus regius;" or a steward or bailiff of an estate, answering to the "wicnere." Also the person from whom descents are traced under the old canons. -Propositus eoelesia). A church-reeve, or warden. Spelman.-Propositus villse. A constable of a town, or petty constable. Propropera eonsilia raro sunt pros* pera. 4 Inst 57. Hasty counsels are rarely prosperous. Less...

Lat In the civil law. That mode of acquisition whereby one becomes proprietor of a thing on the ground that he has for. a long time possessed it as his own; prescription. Dig. 41, 3. It was anciently distinguished from "usucapio" (q. v.,) but was blended with It by Justinian. More...

Lat In the civil law. That mode of acquisition whereby one becomes proprietor of a thing on the ground that he has for. a long time possessed it as his own; prescription. Dig. 41, 3. It was anciently distinguished from "usucapio" (q. v.,) but was blended with It by Justinian. Proseriptlo est titnlns ex usu et tempore snbstawtlam oapiens ab auotori-tate legis. Co. Litt. 113. Prescription is a title by authority of law, deriving its force from use and time. Prosorlptlo et executio non pertinent oad valorem contractus, sed ad tempns oet modum aotionis instituendse. Prescription and execution do not affect the validity of the contract but the time and manner of bringing an action. Pearsall Dwight, 2 Mass. 84, 3 Am. Dec. 35; Decouche v. Savetier, 3 Johns. Ch. (N. Y.) 190, 219, A Am. Dec. 478. Less...

Lat In Roman law. Forms of words (of a qualifying character) inserted in the formula in which the claims in actions were expressed; and, as they occupied an early place in the formula, they were called by this name, i. e.t qualifications preceding the claim. For example, in an action More...

Lat In Roman law. Forms of words (of a qualifying character) inserted in the formula in which the claims in actions were expressed; and, as they occupied an early place in the formula, they were called by this name, i. e.t qualifications preceding the claim. For example, in an action to recover the arrears of an annuity, the claim was preceded by the words "so far as the annuity is due and unpaid," or words to the like effect ("cujus rei dies Suit.") Brown. Prosentare nihil aliud est qnam prav-sto dare sou offere. To present is no more than to give or offer on the spot Co. Litt 120. Prosentia corporis tollit errorem no-minis; et Veritas nominis tollit errorem demonstration!*. The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, 639, 640. Less...

Lat In Roman law. A president or governor. Called a "nomen gen-erale" including pro-consuls, legates, and all who governed provinces.

Lat In Roman law. A president or governor. Called a "nomen gen-erale" including pro-consuls, legates, and all who governed provinces. Less...

Lat. In Roman law. "Prastare" meant to make good, and, when used in conjunction with the words "dare" "facere," "oportere," denoted obligations of a personal character, as opposed to real rights. Prostat oautela qnam medela. Prevention is better than cure. Co. Litt 304b. Prosumatuv pro jnstitia sententlm. The presumption should More...

Lat. In Roman law. "Prastare" meant to make good, and, when used in conjunction with the words "dare" "facere," "oportere," denoted obligations of a personal character, as opposed to real rights. Prostat oautela qnam medela. Prevention is better than cure. Co. Litt 304b. Prosumatuv pro jnstitia sententlm. The presumption should be in favor of the justice of a sentence. Best Ev. Introd. 42. Prosumitur pro legitimatione. The presumption is in favor of legitimacy. 1 BL Comm. 457; 5 Coke, 98b. Prosumitur pro negante. Jt is presumed for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton. Less...

Lat Presumption; a presumption. Also intrusion, or the unlawful taking of anything. -Prosnmptio fortlor. A strong presumption; a presumption of fact entitled to great weight. One which determines the tribunal ia its belief of an alleged fact, without, however, excluding the belief of the possibility of its being otherwise; the More...

Lat Presumption; a presumption. Also intrusion, or the unlawful taking of anything. -Prosnmptio fortlor. A strong presumption; a presumption of fact entitled to great weight. One which determines the tribunal ia its belief of an alleged fact, without, however, excluding the belief of the possibility of its being otherwise; the effect of which is to shift the burden of proof to the opposite party, and, if this proof be not made, the presumption is held for truth. Hub. Pnel. J. C. lib. 22, tit 3. n. 16; Burrill, Circ. Ev. 66.-Prosnmptio nominis. The presumption of the man or individual ; that is, natural presumption unfettered by strict rule.-Prosnmptio Juris. A legal presumption or presumption of Taw: that is, one in which the law assumes the existence of something until it is disproved by evidence; a conditional, inconclusive, or rebuttable presumption. Best, Ev. ? 43.-Prosnmptio Juris et de jure. A presumption of law and of right; a presumption which the law will not suffer to be contradicted; a conclusive or irrebuttable presumption.-Prosnmptio mu-eiana. In Roman law. A presumption of law that property in the hands of a wife came to her as a gift from her husband and was not acquired from other sources; available only in doubtful cases and until the contrary is shown See Mackeld. Rom. Law, ? 560. Prosnmptio, en eo quod plerumque fit. Presumptions arise from what general- ly happens. Post v. Pearsall, 22 Wend. (N. Y.) 425, 475. Prsesumptio violenta plena probatio. Co. Litt 6b. Strong presumption is full proof. Prsesumptio violenta valet in lege. Strong presumption is of weight in law. Jenk. Cent p. 56, case 3. Prmsnmptiones snnt obnjeeturs* ex slgno verisimlll ad probandnm assumptsB. Presumptions are conjectures from probable proof, assumed for purposes of evidence. J. Voet, Com. ad Pand. 1. 22, tit 3, n. 14. Less...

Lat A passing over or omission. Used in the Roman law to describe the act of a testator in excluding a given heir from the inheritance by silently passing him by, that is, neither instituting nor formally disinheriting him. See Mackeld. Rom. Law, | 711. Pretext* licit! non debet admitti More...

Lat A passing over or omission. Used in the Roman law to describe the act of a testator in excluding a given heir from the inheritance by silently passing him by, that is, neither instituting nor formally disinheriting him. See Mackeld. Rom. Law, | 711. Pretext* licit! non debet admitti illi-citum. Under pretext of legality, what is illegal ought not to be admitted. Wing. Max. p. 728, max. 196. Less...

Lat. A pretext; a pretense or color. Prcetcxtu cujus, by pretense, or under pretext whereof. 1 Ld. Raym. 412.

Lat. A pretext; a pretense or color. Prcetcxtu cujus, by pretense, or under pretext whereof. 1 Ld. Raym. 412. Less...