Found 663 results · Showing 451–480
Lat. A part; a party to a deed, action, or legal proceeding. —Pars enitia. In old English law. The privilege or portion of the eldest daughter in the partition of lands by lot—Pars gravata. In old practice. A party aggrieved; the party aggrieved....
lIat. A participant; a sharer; anciently, a part owner, or parcener. —Particeps criminis. A participant in a crime; an accomplice. One who shares or co-operates in a criminal offense, tort, or fraud.
Lat. In Roman law. He seems to have taken teo little care; he seems to have been incautious, or not sufficiently upon his guard. A form of expression used by the judge or magistrate in pronouncing sentence of death upon a criminal. Festus, 825; Tayl....
1. In practice. To utter or pronounce; as when the court passes sentence upon a prisoner. Also to proceed; to be rendered or given; as when judgment is said to pass for the plaintiff in a suit.
8765, N. W. 172; People v. Ambrecht, 11 Abb. Prac. (N. Y.) o7 : Bennett v. Burton, 44 Iowa, —Occupation tax. A tax imposed upon an occupation or the prosecution of a business, trade, or profession ; not a tax on property, or even the capital empeev...
579, 40 Am. Rep. 269.—Facts issue. Those matters of fact on which the Plaintiff proceeds by his action and which the defendant controverts in his pleadings. Glenn
Lat. In the civil law. The offense of stealing or embezzling the public money. Hence the common English word “peculation,” but “embezzlement” is_ the proper legal term. 4 Bl. Comm. 121, 122,
Lat. In old criminal law. The cutting off a foot; a punishment anciently inflicted instead of death.
L. Fr. In old English law. A special form of punishment for those who, being arraigned for felony, obstinately “stood mute;” that is, refused to plead or to put themselves upon trial. It is described as a combination of solitary confinement, slow...
PENDENTES. In the civil law. The fruits of the earth not yet separated from the ground; the fruits hanging by the roots. clergymen in lieu of tithes. A spiritual person may sue in the spiritual court for a pension otiginally granted and confirmed by...
18 Ill. 265: Baasett v. State, 44 Fa: 2, 33 South. 264. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from guilt of felony, though in strictness it sudnes it deserving of some little degree of pu...
578; White v. State, 70 Miss. 253, 11 South. 682.—Fresh suit. In old English law. Immediate and unremitting pursuit of an escaping thief. “Such a present and earnest following of a robber as never ceases from the time of the robbery until apprehe...
635. —Publie indecency. This phrase has no fixed legal meaning, is vague and indefinite. and cannot, in itself, imply a definite offense. The courts, by a kind of judicial legislation, in England and the United States, have usually limited the oper...
156, 38 N. E. 652. “Criminal conversation” means seduction of another man’s wife, considered ps an actionable in-
Lat. By misadventure. In criminal law, homicide per infortenium is committed where a man, doing a lawful act, without any intention of hurt, unfortunately kills another. 4 Bl. Comm. 182,
are those which tend to the dismisgal of the action. _ —Exception to bail. An objection to the special bail put in by the defendant to an ac-
EVICT. In the civil law. To recover anything from a person by virtue of the judgment of a court or judicial sentence.
person ascertained as a member of a class, or as filling a particular character.—Persona eoclesis. The parson or personation of the church.-Persona non grata. In international law and diplomatic usage, a person not acceptable (for reasons peculiar ...
Lat. In the civil law. Man-stealing; kidnapping. The offense of enticing away and stealing men, children, and slaves. Calvin. The persuading a slave to escape from his master, or the concealing or harboring him without the knowledge of his master. Di...
v. Cook, 74 Fed. 503, 20 C. C. A. 625; Began v. Electric Light Co., 100 Ky. 173, 37 S. W. 851, 34 L. R. A. 812; Riley v. Railway Co., 27 W. Va. 164.—Oriminal negligence. Negligence of such a character, or occurring under such circumstances, as to b...
the patriclans and senators,) at the request or on the proposition of a plebeian magistrate, such as a “tribune.” Inst. 1, 2, 4. ~ discontinued. Brown.—Pledges to restore. In England, before the plaintiff in foreign attachment can issue execut...
5 & 6 Vict. c. 97. In American law. In haga! eae and New Jersey the rule is different. en an act of assembly gives treble costs, the party is allowed three times the usual costs, with the exception that the fees of the officers are not to be trebled ...
132. Nominal parties are those who are joined as plaintiffs or defendants, not because they have any real interest in the subject-matter or because any relief is demanded as against them, but merely because the technical rules of pleading require the...
POLICE. 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...
TIONEM. A writ by which justices were required to put their seals to exceptions exhibited by a defendant against a plaintiff's evidence, verdict, or other proceedings, before them, according to the statute Westm. 2, (13 Edw. I. 8t. 1, c. 31.)
Lat. The power or force of the county. The entire population of a county above the age of fifteen, which a sheriff may summon to his assistance in certain cases; as to aid him in keeping the peace, in pursuing and arresting felons, etc. 1 Bl. Comm. 3...
Lat. In the civil: law. <A doctrine or fiction of the law by which the restoration: of a person to any status or right formerly possessed by him was considered as relating back to the time of his original loss or deprivation; particulurly In the case...
Lat. In Roman law. A request or petition. This was the name of the first step in a criminal prosecution, corresponding somewhat to “swearing out a warrant” in modern crininal law. The accuser appeared before the preetor, and stated his desire to ...
5, c. 2, § 1—Benefit of elergy. In its original sense, the phrase denoted the exemption which was accorded to clerzymen from the jurisdiction of the secular courts. or from arrest or attachment on criminal process issuing from those courts in cert...
nuisance. Skene makes three sorts of this offense; (1) Against the crown; (2) against the lord of the fee; (3) against a neighbor. 2 Inst. 88; 1 Reeve, Eng. Law, 156.