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Order In Council
Order In Council. This Ex Pression Is Chiefly Known In Connection With The Measures Taken By The British Government In 1807 And 1809, In Retalia Tion Of The Berlin And Milan Decrees Of Napoleon, By Which Great Britain And Her Colonies Were Declared In A State Of Blockade. The Measure ...

Order Of Cincinnati
Cincinnati, Order Of, An As Sociation Established At The Termination Of The Revolutionary War By The Officers Of The American Army, Which, In Refer Ence To The Transition Made By Most Of Them From The Occupation Of Husbandry To That Of Arms, Took Its Name From The Ro Man Cincinnatus. ...

Order Of The Gartel
Gartel, Order Of The, One Of The Most Ancient And Illustrious Of The Military Orders Of Knighthood In Europe, Was Founded By King Edward Iii. The Precise Year Of Its Institution Has Been Disputed, Though All Authorities Agree That It Was Established At Windsor After The Celebration Of A Tournament ...

Outlawry
Outlawry. This Term, Which Is Derived From The Saxon Utlagh Or Oh Lagh, Signifies An Exclusion From The Benefits And Protection Of The Law. In English Law It Is A Punishment Consequent Upon A Flight From Justice, Or A Contu Macious Neglect Or Refusal To Appear And Answer For A ...

Overseer 44
Overseer. (44 And Collect The Poor-rates. Where No Select Vestry Existed, He Was Judge Of The Necessities Of Applicants For And Receivers Of Parochial Relief, An Appeal In Case Of Refusal Lying Before Magistrates In Petty Sessions. We Will Now Describe The Pre Sent Duties Of An Overseer In Parishes ...

Oyer And Terminer
Oyer And Terminer. These Words In Ancient Law French Denote A Commission Which Establishes A Court Of Criminal Judicature, The Distinguishing Character Of Which Is Described By Them. The Substance Of The Commission, Or Unit, As It Was Anciently Called, Is An Authority Given By The King To Certain Persons ...

Palatine Counties
Palatine Counties. Two Of The English Counties, Chester And Lan Caster, Are Counties Palatine. The County Of Pembroke, In Wales, Was Also A County Palatine; But Its Palatine Juris Diction Was Taken Away By 27 Henry Viii., C. 26. The Archbishop Of York, Previously To The Reign Of Elizabeth, Claimed ...

Papal Brief
Brief, Papal, Is The Name Given To The Letters Which The Pope Addresses To Individuals Or Religious Communities Upon Matters Of Discipline. The Latin Name Is Brevis, Or Breve, Which In The Latinity Of The Lower Ages Meant An Epistle Or Written Scroll. The French In The Old Times Used ...

Papal Bulls
Bulls, Papal. Letters Issued From The Papal Chancery, And So Named From The Bulk Or Leaden Seal Which Is Appended To Them. The Difference Be Tween Bulls, Briefs, And Other Apatolical Rescripts, Is Noticed Under The Word Brief. Bulls Are Written On Parchment. If They Regard Matters Of Justice, The ...

Pardon
Pardon. According To The Laws Of Most Countries, A Power Of Pardoning, Or Remitting The Penal Consequences Of A Conviction For Crimes, Is Vested In Some Person. The Utility Of Such A Power Has Been Doubted, Upon The Ground That It Supposes An Imperfect System Of Criminal Law, And That ...

Parent And Child
Parent And Child. This Re Lation Arises Only From A Legal Marriage. The Relation Between Parents And Their Illegitimate Children Is Considered In The Article Bastard. Parents Are Bound To Maintain Their Legitimate Children Who Are Unable To Maintain Themselves Owing To Infancy Or Inability To Work. This Obligation Ex ...

Parish
Parish. This Word Is Probably De Rived Into The English Language From The French Paroisse, And The Latin Paro Chia Or Paroecia, And Ultimately From The Greek Paroikia Erapoucia). At The Present Day It Denotes A Circumscribed Territory, Varying In Extent And Popula Tion, But Annexed To A Single Church, ...

Parish Clerk
Parish Clerk, A Person Whose Duty It Is To Assist The Parson In The Rites And Ceremonies Of The Church. He Is Generally Appointed By The Incumbent, And, As Blackstone States, According To The Common Law He Has A Freehold In His Office, Of Which He Cannot Be Deprived By ...

Park
Park. This Term, In Its Legal Signi Fication As A Privileged Enclosure For Beasts Of The Forest And Chace, Is At The Present Day Nearly Obsolete. Under The Ancient Forest-laws, The Franchise Of The Highest Degree Was That Of A Forest, Which Was The Most Comprehensive Name, And Contained Within ...

Parliament
[parliament. Bottomri, Bottomree, Or Bummaree, Is A Term Derived Into The English Maritime Law From The Dutch Or Low German. In Dutch The Term Is Bomerie Or Bodemery, And In German Bodmerei. It Is Said To Be Originally Derived From Boden Or Bodem, Which In Low German And Dutch Formerly ...

Parliament Of Ireland
Parliament Of Ireland. In Ireland, As In England, From The Con Quest Of The Country By Henry Ii. In The Latter Part Of The Twelfth Century, Meet Ings Of The Barons Were Occasionally Summoned To Consult On Public Affairs, To Which The Old Historians Sometimes Give The Name Of Parliaments. ...

Partnership
Partnership. If Two Or More Persons Join Together Their Money, Goods, Labour, And Skill, Or Any Or All Of Them, For The Purpose Of Buying And Selling, And Agree That The Gain Or Loss Shall Be Divided Among Them, That Is A Partner Ship. The Object Of The Partnership May ...

Passport
Passport, A Printed Permission Signed By The Secretary Of State Of The Home Department Of A Country, Which Allows A Subject Of That Country To Leave It And Go Abroad. When He Has Obtained This, The Bearer Must Have His Passport Signed By The Minister Or Agent Of The State ...

Paten4
Paten4'.. This Term Is Applied To Certain Privileges Which Are Granted By The Crown By Letters Patent. [1...srmas Patent.) The Object Of Such Privileges Is To Encourage Useful Inventions. Before Applying For A Patent For An Invention, Two Considerations Are Necessary : First, What Is Entitled To A Patent ; ...

Pedlar
Pedlar. This Word Is Said By Dr. Johnson To Be A Contraction From Petty Dealer, Formed Into A New Term By Long And Familiar Use ; And A Pedlar Is Defined By Him To Be " One Who Travels The Coun Try With Small Commodities." The Same Writer Defines A ...

Peers Of The Realm
Peers Of The Realm. This Term Is Equivalent To Peers Of Par Liament, That Is, Those Noblemen Who Have A Seat In The House Of Lords. The Realm,' That Is, The Roiaume,' Is The Kingdom Of England. Scotland And Ireland Have Also Their Peers; But Those Who Are Simply Peers ...

Peine Forte Et Dure
Peine Forte Et Dure. The "strong And Hard Pain," Which Is Denoted By These Words, Was A Species Of Torture Used By The English Law To Compel Per Sons To Plead, When Charged With Crimes Less Than Treason, But Amounting To Felony. It Was Applicable Whenever The Accused Stood Mute ...

Pension
Pension, A Payment, Generally Made Annually Or At Some Other Shorter And Regular Period. Before The Reigu Of Queen Anne, The Kings Of England Alienated Or Encum Bered Their Hereditary Possessions At Pleasure. By The 1 Anne, C. 7, The Power Of Burthening The Revenue Of The Crown By Improvident ...

Perjury
Perjury (from The Latin Peva Rium), By The Common Law Of England, Is The Offence Of Falsely Swearing To Facts In A Judicial Proceeding. To Constitute This Offence The Party Must Have Been Lawfully Sworn To Speak The Truth By Some Court, Judge, Or Officer Having Com Petent Authority To ...

Petit Serjeanty Serjeant Pew
Petit Serjeanty. [serjeant.] Pew. The Word Pew Seldom Occurs In Writers Upon Ecclesiastical Law, Who Almost Invariably Use The Expression " Church Seat" There Were No Pews In Churches Until About The Period Of The Reformation, Prior To Which The Seats Were Moveable, Such As Chairs And Benches, As We ...

Petition Of Right
Petition Of Right. In The First Parliament Of Charles L, Which Met In 1626, The Commons Refused To Grant Sup Plies Until Certain Rights And Privileges Of The Subject, Which They Alleged Had Been Violated, Should Have Been Solemnly Recognised By A Legislative Enactment. With This View They Framed A ...

Physician
Physician. The First Class Of Me Dical Practitioners In Rank And Legal Pre Eminence Is That Of The Physicians. They Are (by Statute 32 Henry Viii.) Allowed To Practise Physic In All Its Branches, Among Which Surgery Is Enumerated. The Law Therefore Permits Them Both To Prescribe And Compound Their ...

Pillory
Pillory. The Pillory Was A Mode Of Punishment For Crimes By A Public Exposure Of The Offender, Used For Many Centuries In Most Of The Countries Of Europe Under Various Names. In France It Was Called Pillorie, And In More Recent Times Carcan ; And In Germany, Pranger. It Was ...

Pirate Pi Racy
Pi Racy, Pirate (immediately From The Latin Pirate, And Remotely From The Greek Nsipterhs, Which Had The Same Signi Fication As Our Word Pirate). The Offence Of Piracy, By The Common Law Of England, Consists In Committing Those Acts Of Robbery And Depredation Upon The High Seas, Which, If Committed ...

Pledge
Pledge Is A Thing Bailed (delivered For A Temporary Purpose) As A Security To The Bailee (receiver), For The Performance Of Some Engagement On The Part Of The Bailor (the Deliverer). When The Pledge Is For A Debt, More Especially Where It Is Given To Secure A Loan At Interest, ...

Pledge
[pledge.] The Business Of Lending Money On Pledges Is In Many Countries Carried On Under The Immediate Control Of The Go Vernment As A Branch Of The Public Ad Ministration ; And Where Only Private Individuals Engage Iu It, As In This Coun Try, It Is Placed Under Regulations. Thus ...

Police
Police Is That Department Of Govern Ment Which Has For Its Object The Safety And Peace Of The Community. Its Primary Object Is The Prevention Of Crime And The Pursuit Of Offenders ; But The Police System Also Serves Other Pur Poses, Such As The Suppression Of Mendi Cancy, The ...

Political Economy
Political Economy. The Word Economy Is From The Greek Oeconomia (oinovopia), " Holm- Management," Or " Household Management," The Notion Of Which Is Generally Understood. It Does Not Signify In The Original Language Merely " Saving" Or " Thrift," But The Judicious And Profitable Management Of A Man's Property ; ...

Polygamy
Polygamy Is The Name Of The Custom According To Which A Man May Have More Than One Lawful Wife At A Time, Which Custom Prevails In Several Countries. Polygamy Has Existed In Asia From Time Immemorial, And Mo Hammedanism Adopted And Confirmed The Custom. Montesquieu Pretends That Polygamy In The ...

Pool Laws And Pauperism
Pool Laws And Pauperism. A Pauper In England Is A Person Who, Unable To Support Himself, Receives Money Or Money's Worth From The Contributions Of Those Who Are By Law Compelled To Main Tain Him Wholly Or In Part. There Are Many Poor Persons Who Are Not Paupers. He Who ...

Population
Population. The Circumstances Which Determine The Proportion Of The Population To The Area Of Any Given Coun Try, Are The First Elements Which We Must Take Into The Account In Considering Their Social Condition. In The Lowest Stage Of Human Existence, In Which Men Depend On Hunting And Fishing For ...

Possession
Possession. In Endeavouring To Explain The Meaning Of This Term, We Shall Use The Following Extracts From Savigny's Work On The Law Of Posses Sion (ns Recht Des Besitzes, Giessen, 1827). " All The Definitions Of Possession Are Founded On One Common Notion. By The Notion Of Possession Of A ...

Post Office
Post-office. Correspondence Is The Offspring Of Advanced Civilization. When The State Of Society In This Count7 Anterior To The Seventeenth Century Is Considered, There Can Be Little Surprise That We Hear Nothing Of A Post-office Be Fore That Period. The Business Of The State Only Demanded Correspondence. The King Summoned ...

Prescription
Prescription Has, By The Law Of Scotland, A Much Wider Operation Than Either By The Civil Law Or The Law Of England, Supplying The Place Of The Statute Of Limitations In The Latter System. It Not Only Protects Individuals From Adverse Proceedings Which Other Parties Might Have Conducted If The ...

Prescription
Prescription. " No Custome Is To Bee Allowed, But Such Custome As Bath Been Used By Title Of Prescription. That Is To Say, From Time Out Of Mind. But Divers Opinions Have Been Of Time Out Of Mind, &c., And Of Title Of Prescrip Tion, Which Is All One In ...

Presumption
Presumption. A Presumption Is Variously Defined. The Following Is A Definition :" A Presumption May Be De Fined To Be A Belief As To The Existence Of A Fact Not Actually Known, Arising From Its Necessary Or Usual Connection With Others Which Are Known." (starkie, Law Of Evidence, I. 23.) ...

Prie
Prie. Political Economists Speak Both Of Natural Or Necessary Price And Market Price. The Natural Price Of Com Modities, It Is Said, Is As A General Rule Determined By The Cost Of Production, Or, In Other Words, By The Amount Of Labour Expended On Them ; And Consequently Equal Quantities ...

Primogeniture
Primogeniture May Be Defined To Be That Rule Of English Law By Which A Title Of Dignity Or An Estate In Land Comes To A Person In Respect Of His Being An Eldest Male. If A Man Dies Seised Of Real Estate, Of Which He Had The Absolute Ownership, Without ...

Prince
Prince Is The Latin Word Princeps, Which Was Originally Used To Denote The Person Who Was Entitled Princeps Senatfis In The Roman State. He Seems To Have Been Originally The Custos Of The City, And His Office Was One Of Importance. Sub Sequently It Became A Title Of Dignity, And ...

Prince Of Wales
Wales, Prince Of, Is The Title Usually Borne By The Eldest Son Or Heir Apparent Of The King Or Queen Regnant Of Great Britain And Ireland. Before The Reign Of Edward I. The Eldest Son Of The Prince Was Called The Lord Prince. The Title Of Princes Of Wales Originally ...

Privy Council
Privy Council (consilium Regis Privatum, Concilium Secretum Et Con Tinuum Coucilium Regis). The Privy Council, Or Council Table, Consists Of The Assembly Of The King's Privy Councillors For Matters Of State. During The Existence Of The Star-chamber, The Members Of The Privy Council Were Also Members Of That Court. Their ...

Prize Mon E
Prize-mon E . All The Acts Relating To Army Prize Money Have Been Repealed By 2 & 3 Win. Iv. C. 53, Which Also Enacts That All Captures Made By The Army Shall Be Divided According To Such General Rule Of Distribution As The King Shall Direct. Appraisements And Sales ...

Probate And Legacy Du
Probate And Legacy Du Ties. These Duties Yield A Sum Ex Ceeding Two Millions A-year. The Legacy Duty Is Charged On Legacies Of The Value Of 20/. And Upwards Out Of Personal Estate Or Charged Upon Real Estate, And Upon Every Share Of Residue. Legacy To A Hus Band Or ...

Or Sergeant Serjeant
Serjeant, Or Sergeant, Is A Non-commissioned Officer In A Troop Of Ca Valry Or In A Company Of Infantry. The Duties Of Serjeauts Are To Drill Or Instruct In Discipline The Recruits Of A Regiment ; And On Parade They Act As Markers Or Guides In The Performance Of The ...

Or Sergeant Serjeant_2
Serjeant, Or Sergeant. The Word " Serjeant " Comes To Us From " Ser Gent," Into Which The French Had Modi Fied The Latin " Serviens." The Word Serjeanty, In French " Sergenterie," Was Formed From " Sergent," But Was Always Used With Reference To A Particular Species Of Service. ...

Or Sipoy Sepoy
Sepoy, Or Sipoy, The Name Of The Native Soldier In The East Indies. Bishop Heber Derives The Word From " Sip," The Bow And Arrow, Which Were Originally In Almost Universal Use By The Native Soldiers Of India In Offensive Warfare. Those Bhiels And Kholees Who Are Employed In Guzerat ...

Or Usages Cusi Oms
Cusi Oms, Or Usages (consuetu Dines), Are Either General Or Local. The First Kind Consist Of Those Usages Which Have Prevailed Throughout England From Time Immemorial : Their Origin Is Un Known, But Having Been Recognized By Judicial Decision,* They Form That Common Law, Or Lex Non Scripts, Which Is ...

Or Ususfruct Us Usuf
Usuf Ruct Us, Or Ususfruct Us, And Usus, Belonged To The Class Of Ser V Antes Personarum Or Personales Among The Romans. Ususfructus Is Defined (dig. 7, Tit. 1, S. 1) To Be "the Right To Use And Take The Fruits (fruendi) Of What Belongs To Another Without Impairing Its ...

Or Villain Villein
Villein, Or Villain, Denotes A Species Of Bondman Subject To His Feudal Superior. The Word Is From The Low Latin Form Villanus, Which Is From The Latin Word Villa. In England, During The Anglo-saxon Period, A Large Part Of The People Appear To Have Been In A Ser Vile Condition, ...

Or Wear Weir
Weir, Or Wear, Is A Dam Erected Across A River, Either For The Purpose Of Taking Fish, Of Conveying A Stream To A Mill, Or Of Maintaining The Water At The Level Required For The Navigation Of It. The Erection Of Weirs Across Public Rivers Has Always Been Considered A ...