PRELEVEMENT
Fr. In French law. A preliminary deduction; particularly, the portion or share which one member of a firm ts entitled to fake out of the partnership assets before a division of the property is made between the partners.
Category: Property
Found 1337 results · Showing 931–960
PREROGATIVE
PREPONDERANCE. This word means Something more than “weight;” it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantially different. There is generally a “weight” of .evidence on each side in case of con...
PRESENCE
scription by which the ownership of property is acquired, is a right by which a mere possessor acquires the ownership of a thing, which he possesses by the continuance of his possession during the time fixed by law. The prescription by which debts ar...
PRESORIPTIO
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 wa...
PRESUMPTION
ated by the founder for the subsistence of a priest, without being erected into any title or benefice, chapel, prebend, or priory. It is not subject to the ordinary; but of it the patron, and those who have a right from him, are the collators. Wharto...
PRETENSED RIGHT, or TITLE
Where one is in possession of land, and another, who is out of possession, claims and sues for it. Here the pretensed right or title is said to be in him who so claims and sues for the same. Mod. Cas. 302. —Pretensed title statute. The English stat...
PRIA PERSONA
PROPRIEDAD. In Spanish law. Property. White, New Recop. b. 1, tit. 7, c 5, $ 2.
PRIOCKING FOR SHERIFFS. In Eng
land, when the yearly list of persons nominated for thé office of sheriff is submitted to the sovereign, he takes a‘pin, and to. insure
PRISE
Fr. In French law. Prize; cap tured property. Ord. Mar. liv. 3, tit. 9. See Dole v. Insurance Co., 6 Allen (Mass.) 373.
Privatio presupponit habitum
2 Rolle, 419. A deprivation presupposes a possession.
PRIVIGNA
uals, and duly commissioned by a belligerent Lat. In the civil law. A step-daughter, :
PRIVILEGIUM, PROPERTY PROP
TER. A qualified property in animals fere nature; 4. e., a privilege of hunting, taking, and killing them, in exclusion of others. 2
PRIZE
tor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 1238 belligerent, and claimed as enemy’s property, and therefore Hable to appropriation and condemnation under th...
PRO INTERESSE SUO
lands. Thus, lands held by coparceners are held pro indiviso; that is, they are held undividedly, neither party being entitled to any specific portions of the land so held, but both or all having a joint interest in the undivided whole. Cowell.
PRO PARTIBUS LIBERANDIS. ‘An
ancient writ for partition of lands between co-heirs. Reg. Orig. 316. . j
PRO POSSESSORE. AS a
by title of a possessor. 5, 3, 13.
PROCURATORY OF RESIGNATION
In Scotch law. A form of proceeding by which a vassal authorizes the feu to be re turned to his superior. Bell. It is analogous to the surrender of copyholds in England.
PROFITS
1. The advance in the pricc of goods sold beyond the cost of purchase. The gain made by the sale of produce or manufactures, after deducting the value of the labor, materials, rents, and all expenses. together with the interest of the capital employe...
PROMATERTERA
Prolem ante matrimonium natam, ita ut post legitimam, lex civilis succedere facit in hsreditate parentum; sed prolem, quam matrimonium non parit, suceedere non sinit lex Anglorum. fF ortesc: e. 389. The civil law permits the offspring born before mar...
PROOCURADOR DEL COMUN. Sp. In
Spanish law, an officer appointed to make Inquiry, put a petitioner in possession of land prayed for, and execute the orders of the executive in that behalf. See Lecompte v.
PROOCURATOR
PROOCURAOCY. The writing or instrument which authorizes a procurator to act. Cowell; Termes de la Ley. is used in Scotch law to denote that a person fg acting under a procuration (power of attorney) with reference to a thing which has become his own...
PROPERTY
PROPIOS:: 7
nent, but may at some times subsist and not at other times; such for example, as the property a man may have in wiid animals which he has caught and keeps; and which are his only so long as he retains possession of them. 2 Bl.
PROPRIETATE PROBANDA, DE. A
writ addressed to a sheriff to try by an inquest in whom certain property, previous to distress, subsisted. Finch, Law, 316.
PROTECTOR OF SETTLEMENT
7 Coke, 5a. The protection of an individual by government is on condition of his submission to the laws, and such submission on the other hand entitles the individual to the protection of the government. Broom, Max. 78.
PROTECTORATE
quent estate, the consent of the protector being made necessary for that purpose. - ing which Oliver Cromwell ruled in England. (2) Also the office of protector. (3) The relation of the English sovereign, till
PROTUTOR
Lat. In the civil law. He who, not being the tutor of a minor, hus administered his property or affairs as if he had been, whether he thought himself legally invested with the authority of a tutor or not. Mackeld. Rom. Law, § 630.
PROVISION 962
exchange to the drawee in order to meet the bill, or property remaining in the drawee’s hands or due from him to the drawer, and appropriated to that purpose.
PROVOCATION
Provisional seizure. A remedy known under the law of Louisiana, and substantially the Same in general nature as attachment of property in other states. Code Proc. La. 284, et seq.
PRZA:VARIOATOR
Lat. In the civil law. One who betrays his trust, or is unfaithful to his trust. An advocate who aids the opposite party by betraying his client’s cause. Dig. 47, 15, 1.