Found 542 results · Showing 391–420
Lat. In Roman iaw. The class of peregrinit embraced at the same time both those who had no capacity in law, (capacity for rights or jural relations,) namely, the slaves, and the members of those nations which had not established amicable re-
elsewhere, or according to others, twenty-five. Unless defined by statute, it is a very indefinite term and must be explained by evidence.
proceeding for taking and preserving the testimony of witnesses, which otherwise might be lost before the trial in which it is intended to be used. It is usually allowed where the witnesses are aged and infirm or are about to remove from the state. 3...
fiction of the English law which for certain political purposes ascribes to the king in his political capacity the attribute of immortality; for, though the reigning monarch may die, yet by this fiction the king never die, 4. e., the office is suppos...
Lat. In the civil law. Character, in virtue of which certain rights belong to a man and certain duties are imposed upon him. Thus one man may unite many characters, (persone.) as, for example, the characters of father and son, of master and servant. ...
291, 300, L. Ed. 402. The same construction has been given to it in Missouri. 586, 7 L. Ed. 528 : Duncan y. Course, 1 409, 10 L. Ed. 907. 475, 10 L. Bd. 543; U. S. v. The Catharine, 2 Paine, 721, Fed. Cas. No. 14,755. 105, 7 L. Hd. T 18, 9 L. Ed...
Fr. Small: minor; inconsiderable. Used in several compounds, and some times written “petty.”’ —Petty bag office. In English law. An office in the court of chancery, for suits against attorneys and officers of the court, and for process and p...
Lat. A pious fraud; a subterfuge or evasion considered morally justifiable on account of the ends sought to be promoted. Particularly applied to an evasion or disregard of the laws in the interests of religion or religious institutions, such as circu...
lish law. Boards of commissioners appointed and authorized for the regulation and appointment of pilots, each board having jurisdiction within a prescribed district.
PINCERNA. In old Engitsh law. Butfer; the king’s butler, whose office it was to select out of the cargo of every vessel laden with wine, one cask at the prow and another at the stern, for the king’s use. Fleta, Llib. 2, c. 22.
309; Mitf. Eq. Pl]. 318. 223. 260. p. 481.—Full faith and credit. , In the constitutional provision that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other -state, this phrase ...
ber, 18 N. Y. 321, 72 Am. Dec. 515; Pierson v. Evans, 1 Wend. (N. Y.) 30.—Fo Tea. A plea objecting to the jurisdiction of a judge, on the ground that he had not cognizance of the subject-matter of the suit. Cowell.—Negative plea. One which does n...
Lat. In Roman law. A law enacted by the plebs or commonalty, (that is, the citizens, with the exception of
Lat. In Roman:law. The com: monalty or citizens, exclusive of the patricians and senators. Inst. 1, 2, 4
Pledges to return the subject of distress, should the right be determined against the party bringing the action of replevin. &
OF. A court established in pursuance of the statutes 43:Eliz. « 12, and 13 & 14 Car. IT. c. 23. Composed of the judge of the admiral- _ty, the recorder of Londgn, two doctors of the civil law, two common lawyers, and eight merchants; any three of. w...
first fruits (primitie or annates) were the first year’s profits of all the spiritual preferments in the kingdom, according to a rate made by Walter, bishop of Norwich, in the time of Pope Innocent II., and afterwards advanced in value in the time ...
Lat. In Roman law. The people; the whole body of Roman citizens,
Lat. After suit moved or commenced. Depositions in relation to the subject of a suit, made after litigation has commenced, are sometimes so termed. 1 Starkie, Ev. 319.
lish law. An abolished writ given by statute of Marlbridge, 52 Hen. III. c. 30, which pro-
Lat. In the civil law. Power; authority; domination; empire. Imperium, or the jurisdiction of magistrates. The power of the father over his children, patria potestas. The authority of masters over their slaves. See Inst. 1, 9, 12; Dig. 2, 1, 18,1; Id...
kind and degree of evidence prescribed in advance (as, by statute) as requisite for the proof of certain facts or the establishment of certain instruments. It is opposed to casual evidence, which is left to grow naturally out of the surrounding circu...
QUEEN’S. This officer, so constituted by letters patent, has preaudience over the bar after the attorney and svlicitor general and queen’s advocate. 3 Steph. Comm. (7th Ed.) 274, note. :
Cougst, SUPERIOR Courts, SUPREME COURT, and SURROGATE’S COURT.
impartiality, as it is said, lets the point of it fall upon one of the three names nominated for each county, etc., and the person upon whose name it chances to fall is sheriff for the ensuing year. This is called “pricking for sheriffs.’ Atk. Sh...
Lat. A writ directing a grant of the first benefice in the sovereign’s gift. Cowell.
In English law. The younger sons and daughters of the sovereign, and other branches of the royal family who are not in the immediate line of succession.
taking in another place. A plea in abatement in the action of replevin. 2 Ld. Raym. 1016, 1017.
proh BOH-noh PUB-li-koh
For the public good. Work done voluntarily and without payment, particularly legal services provided to those unable to afford them.
the body of rules, whether of practice or of Pleading, whereby rights are effectuated through the successful application of the proper remedies. It is also generally distinguished from the law of evidence. Brown. See Kring v. Missouri, 107 U. S. 221,...