Privileged Communica Tions
Privileged Communica Tions. A Communication Made Bond Fide Upon Any Subject-matter In Which The Party Communicating Has An Interest, Or In Reference To Which He Has A Duty, If Made To A Person Having A Corresponding Interest Or Duty, Althongh It Contain Criminatory Matter Which Without This Privilege Would Be ...
Prize
Prize. In Maritime Law. The Ap Prehension And Detention At Sea Of A Ship Or Other Vessel, By Authority Of A Belligerent Power, Either With The Design Of Appropri Ating It, With The Goods And Effects It Contains, Or With That Of Becoming Master Of The Whole Or A Part ...
Probable Cause
Probable Cause. Such A State Of Facts As To Make It A Reasonable Presumption Tbat Their Supposed Existence Was The Cause Of Action. 2. When There Are Grounds For Suspicion That A Person Has Committed A Crime Or Mis Demeanor, And Public Justice And The Good Of The Community Require ...
Probate
Probate Or A Will. The Proof Before An Officer Authorized By Law That An Instrument Offered To Be Proved Or Recorded Is The Last Will And Testament Of The Deceased Person Whose Testamentary Act It Is Alleged To Be. 2. Jurisdiction. In England, The Ecclesi Astical Courts Were The Only ...
Probate Of Wills
Probate Of Wills. The Proof Of A Will Of Personal Property Must Always Be Made In The Probate Court. But In England The Pro Bate Of The Will Is Not Evidence In Regard To Real Estate. Iu Most Of The American States The Same Rule Obtains In Regard To Real ...
Process
Process. In Practice. The Means Of Compelling A Defendant To Appear In Court, After Suing Out The Original Writ, In Civil, And After Indictment, Ha Criminal, Cases. The Method Taken By Law To Compel A Com Pliance With The Original Writ Or Common& Of The Court. In Civil Causes, In ...
Process Of Law Jury
Process Of Law ; Jury. 6. Trial At Nisi Prius. Originally, A Trial Before Ajustiee Eyre. Afterwards, By Westm. 2, 13 Edw. I. C. 30, Before A Justice Of Assize. 3 Shorewood, Blackst. Comm. 353. See Nisi Prius. At Nisi Prius There Is, Gdoerally, Only One Judge, Sometimes More. 3 ...
Profert In Curia
Profert In Curia (lat. He Pro Duces In Court : Sometimes Written Profert In Curiam With The Same Meaning). In Plead Ing. A Declaration On The Record That A Party Produces The Deed Under Which He Makes Title In Court. In Ancient Practice, The Deed Itself Was Actually Produced ; ...
Profits
Profits. The Advance In The Price 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 Em Ployed. An Excess Of The Value ...
Promise Of Marriage
Promise Of Marriage. A Con Tract Mutually Entered Into By A Man And A Woman Tliiat They Will Marry Each Other. Every Marriage Is Necessarily Preceded By An Express Or Implied Contract Of This De Scription, As A Wedding Cannot Be Agreed Upon And Celebrated At One And The Same ...
Promissory Note
Promissory Note. A Written Promise To Pay A Certain Sum Of Money, At A Future Time, Unconditionally. 7 Watts & S. Penn. 264 ; 2 Humphr. Tenn. 143; 10 Wend. 1st. Y. 675; 1 Ala. 263 ; 7 Mo. 42 ; 2 Cow. N. Y. 536 ; 6 N. H. ...
Property
Property. The Right And Interest Which A Man Has In Lands And Chattels To The Exclusion Of Others. 6 Binn. Penn. 98 • 4 Pet. 511 ; 17 Johns. N. Y. 283 ; 11 East, 290, 518 ; 14 Id. 370. 2. All Things Are Not The Subject Of Pro ...
Protest
Protest. In Contracts. A Notarial A,ct, Made For Want Of Payment Of A Pro Missory Note, Or For Want Of Acceptance Or Pay Ment Of A Bill Of Exchange, By A Notary Pub Lic, In Which It Is Declared That All Parties To Such Instruments Will Be Held Responsible To ...
Protestation
Protestation. In Pleading. The Indirect Affirmation Or Denial, By Means Of The Word Protesting (in The Latin Form Of Pleadings, Protestando), Of The Truth Of Some Matter Which Cannot With Propriety Or Safety Be Positively Affirmed, Denied, Or Entirely Passed Over. See 3 Sharswood, Blacket. Comm. 311. The Exclusion Of ...
Provisional Seiztire
Provisional Seiztire. In Louisiana. A Term Which Signifies Nearly The Same As Attachment Of Property. It Is Regulated By The Code Of Practice As Follows, Namely : The Plaintiff May, In Certain Cases, Here After Provided, Obtain The Provisional Seizure Of The Property Which He Holds In Pledge, Or On ...
Publication
Publication. The Act By Which A Thing Is Made Public, It Differs From Pro.melgetien, Which See; And See. Also, Tenllier, Civ. Fr. Titre Priiialinaire, A For Tbe Difference In The Whining 9f Was Two Words. I 2,, Fnblication Has Different Meaning& !when Applied To A, Law, It Signifies The Retn ...
Publisher
Publisher. One Who By Himself Or His Agent Inakes A Thing Publicly Known ; One Engaged In The Circulation Of Books, Pamphlets, And Other Papers. 2. The Publisher Of A Libel Is Responsible As If He Were The Author Of It, And It Is Im Material Whether He Has Any ...
Punishment
Punishment. In Crirainal Law. Some Pain Or Penalty Warranted By Law, In Flicted On A Person For The Commission Of A Crime Or Misdemeanor, Or For The Omission Of The Performance Of An Act Required By Law, By The Judgment And Command Of Some Law Ful Court. The Right Of ...
Purser
Purser. The Person Appointed By The Master Of A Ship Or Vessel, Whose Duty It Is To Take Care Of The Ship's Books, In Which Every Thing On Board Is Inserted, As Well The Names Of Mariners As The Articles Of Merchandise Shipped. Roccius, Ins. Note. 2. The Act Of ...
Qu2estio
Qu2estio (lat.),. In Roman Law. A Sort Of Commission (ad Qucerendum) To Inquire Into Some Criminal Matter Given To A Magis Trate Or Citizen, Who Was Called Qucesitor Or Qucestor, Who Made Report Thereon To The Senate Or The People, As The One Or The Other Appointed Him. In Progress ...
Quality
Quality. Persons. The State Or Con Dition Of A Person. Two Contrary Qualities Cannot Be In The Same Person At The Same Time. Dig. 41. 10. 4. Every One Is Presumed To Know The Quality Of The Person With Whom He Is Contracting. In The United States The People Happily ...
Quantum Valebat
Quantum Valebat (lat. As Much As It Was Worth). In Pleading. When Goods Are Sold Without Specifying Any Price, The Law Implies A Promise From The Buyer To The Seller That He Will Pay Him For Them As Much As They Were Worth. The Plaintiff May, In Such Case, Suggest ...
Quasii
Quasii. In Practida. To Overthrow Or Annul. 2. When Ptoceedinga Are Dearly Iriegalat And Void, The Courts Will Quash Them, Both In Civil And Criminal Cases : For Example, When The Array Is Clearly Irregular, As, If The Jutors Have Been Selected By Persons Not Authotized By Lavr, It *ill ...
Quickening
Quickening. In Medical Juris Prudence. The Sensation A Mother Has Of The Motion Of The Child She Has Conceived. 2. The Period When Quickening Is First Experienced Varies From The Tenth To The Twenty-fifth, But Is Usually About The Six Teenth, Week From Conception. Denman, Midw. P. 129. I It ...
Quicto
Quicto De Dubiis, Guia Per Manna; Pervenitur Ad Iegitimam Rationem. Inquire Into Doubtful Pointe, Benne° By Reasoning We Arrive At Legal Reason. Littleton, 0 377. Quterero Dat Eapere Tug Sent Legitima Were. To Investigate Is The Way To Know What Things Ars Really Lawful. Littleton, 0 443. Qualitas Gem Inesse ...
Quo
Quo Warrant° (lat. By What Au Thority). In Practice. The Name Of A Writ (and Also Of The Whole Pleading) By Which The Government Commences An Action To Re Cover An Office Or Franchise From The Person Or Corporation In Possession Of It. The Writ Commands The Sheriff To Summon ...
Railway
Railway. A Road Graded And Having Rails Of Iron Or Other Material For The Wheels Of Carriages To Run Upon. Railways In Their Present Form First Began To Be Extensively Constructed After The Success. Ful Experiments In Tbe Use Of Locomotives In 1829. They Had Been In Use In A ...
Ransom Bill
Ransom Bill. A Contract For Pay Ment Of Ranso:u Of A Captured Vessel, With Stipulations Of Safe-conduct If She Pursue A Certain Course And Arrive In A Certain Time. If Found Out Of Time Or Course, The Safe-con Duct Is Void. Wheaton, Int. Law, 107*. The Payment Cannot Be Enforced ...
Ratification
Ratification. An Agreement To Adopt An Act Performed By Another For Us. Express Ratifications Are Those Made In Ex Press And Direct Terms Of Assent. Implied Ratifications Are Such As The Law Presumes From The Acts Of The Principal ; As, If Peter Buy Goods For James, And The Latter, ...
Real Covenant
Real Covenant. A Covenant Con Nected With A Conveyance Of Realty, Whereby An Obligation To Pass Aomething Real Is Created, Or Which So Connected With The Realty That He Who Has The Latter Is Entitled To The Bene Fit Of, Or Is Bound To Perform, The Former. Fitzherbert, Nat. Brev. ...
Real Property
Real Property. Sometbing Which May Be Held By Tenure, Or Will Pass To Th6 Heir Of The Possessor At His Death, Instead Of His Executor, Including Lands, Tenements, And Hereditaments, Whether The Latter Be Cor Poreal Or Incorporeal. 1 Atkinson, Cony. In Respect To Property, Rea/ And Pereonal Corre Spond ...
Recaption
Recaption. The Act Of A Person Who Has Been Deprived Of The Custody Of Another, To Which He Is Legally Entitled, By Which He Regains The Peaceable Custody Of Such Person ; Or Of The Owner Of Yersonal Or Real Property Who Has Been Deprived Of His Possession, By Which ...
Receipt
Receipt (lat. Receptum, Received ; Through Fr. Receit). A Written Acknowledgment Of Payment Of Money Or Delivery Of Chattels. 2. It Is Executed By The Person To Whom The Delivery Or Payment Is Made, And May Be Used As Evidence Against Him, On The General Principle Which Allows The Admission ...
Receiver
Receiver. In Practice. One Who Receives Money To The Use Of Another To Ren Der An Account. Story, Eq. Jur. 446. They Were At Common Law Liable To The Action Of Account-render For Failure In The Latter Portion Of Their Duties. A Person Appointed By A Court Possessing El.ancery Jurisdiction, ...
Receiver Of Stolen Goods
Receiver Of Stolen Goods In Criminal Law. By Statutory Provision, The Receiver Of Stolen Goods, Knowing Them To Have Been Stolen, May Be Puunished As The Principal, In Perhaps All The United States. 2. To Make This Offence Complete, The Goods Received Must Have Been Stolen, They Must Have Been ...
Recent Possession Of Stolen
Recent Possession Of Stolen Property. In Criminal Law. Possession Of The Fruits Of Crime Recently After Its Commission Is Prima Facie Evidence Of Guilty Possession ; And If Unex Plained, Either By Direct Evidence, Or By The Attending Circumstances, Or By The Character And Habits Of Life Of The Possessor, ...
Recognizance
Recognizance. An Obligation Of Record, Entered Into Before A Court Or Officer Duly Authorized For That Purpose, With A Con Dition To Do Some Act Required By Law, Which Is Therein Specified. 2 Blackstone, Comm. 341. Tbe Liability Of Bail Above In Civil Cases, And Of The Bail In Al;,. ...
Record
Record. A Written Memnrial Made By A .public Officer Authorized By Law To Perform That Function, And Intended Bik I.erve As Evi Dence Of Something Written, Said, Or Done. 6 Call, Va. 78 ; 1 Dan. Kt. 595. 2. Records May Be Either Of Legislative Or Judicial Acts. Memorials Of ...
Recoupement
Recoupement (fr. Recouper, To Cut Again). In Practice. That Right Of The Defendant, In The Same Action, To Claim Damages From The Plaintiff, Either Because He Has Not Complied With Some Cross-obligation Of The Contract Upon Which He Sues, Or Be Cause He Has Violated Some Duty Which The Law ...
Recovery
Recovery. The Restoration Of A For Mer Right, By The Solemn Judgment Of A Court Of Justice. 3 Murph. No. C. 169. A Common Recovery Is A Judgment Obtained In A Fictitious Suit, Brought Against The Tenant Of The Freehold, In Consequence Of A Default Made By The Person Who ...
Redundancy
Redundancy. Matter Introduced In An Answer Or Pleading Which Is Foreign To The Hill Or Articles. 2. The Respondent Is Not To Insert In His Answer Any Matter Foreign To The Articles He Is Called Upon To Answer, Although Such Mat Ter May Be Admissible In A Plea; But He ...
Reeve
Reeve. An Ancient English Officer Of Justice, Inferior In Rank To An Alderman. He Was A Ministerial Officer Appointed To Execute Process, Keep The King's Peace, And Put The Laws In Execution. He Witnessed All Contracts And Bargains, Brought Offenders To Justice And Delivered Them To Punishment, Took Bail For ...
Register
Register. In Evidence. A Book Containing A Record Of Facts As They Occur, Kept By Public Authority; A Register Of Births, Marriages, And Burials. Although Not Originally Intended For The Purposes Of Evidence, Public Registers Are In General Admissible To Prove The Facts To Which They Relate. In Pennsylvania, The ...
Release
Release. The Giving Up Or Abandon Ing A Claim Or Right To The Person Against Vihom The Claim Exists Or The Right Is To Be Exercised Or Enforced. Releases May Either Give Up, Discharge, Or Aban Don A Right Of Action, Or Convey A Man's Interest Or Tight To Another ...
Remedy
Remedy. The Means Employed To En Force A Right Or Redress Injury. 2. Remedies For Non-fulfilment Of Contracts Are Generally By Action, See Action ; As Sumpsit ; Covenant ; Debt : Detinue; Or In Equity, In Some Cases, By Bill For Specific Per Formance. Remedies For The Redress Of ...
Rent
, Rent. A Return Or Compensation For The Possession Of Some Corporeal Inheritance, And Is A Certain Profit, Either In Money, Pro Visions, Or Labor, Issuing Out Of Lands And Tenemer Ts, Iu Return For Their Use. Some Of ,ts Common-law Properties Are That Must Be A Profit To The ...
Repairs
Repairs. That Work Which Is Done To An Estate To Keep It In Good Order. 2. What A Party Is Bound To Do, When The Law Imposes Upon Him The Duty To Make Neces Sary Repairs, Does Not Appear To Be Very Ac Curately Defined. Natural And Unavoidable Decay In ...
Repleader
Repleader. In Pleading. Making, A New Sertes Of Pleadings. Judgment Of Repleader Differs From Ajudgment Non Oberante Veredicto In This : That It Is Allowed By The Court To Do Justice Between The Parties Where The Defect Is In The Form Or Manner Of Stating The Right, And The Issue ...
Replevin
Replevin. In. Ptactice. A Form Of Action Which Lies To Regain The Possession Of Persenal Chattels Which Have Been Taken From The Plaintiff Unlawfully, The Action Originally Lay For The Purpose Of Roc& Vering Chattels Taken As A Distress, Hut Has Acquired A Much More Extended Uss. In England And ...
Replication
Replication (lat. Replicare, To Fold Back). In Pleading. The Plaintiff's Answer To The Defendant's Plea Or Answer. In Equity. The Plaintiff's Avoidance Ot Denial Of The Answer Or Defence. Story, Eq. Pl. 877. A General Replication Is A General Denial Of The Truth Of The Defendant's Plea Or Answer, And ...
Reports
Reports. A Printed Or Written Cellec.' Tion Of Accounts Or Relations Of Cases Judi, Cially Argued And Determined. 2. In The Jurisprudence Of Nearly Every Civilized Country, The Force Of Adjudicated Precedent& Is To Greater Or Less Degree Acknowledged. But In No Own Tries Are They So Deferentially Listened To ...
Representation
Representation. In Insurance. The Stating Of Facts By Either Of The Par Ties To A Policy Of Insurance, To 'the Other, Whether In Writing Or Orally, Expressly Or By Plain Implication, Preliminary And In Refer Ence To Making The Ineurance, Obviously Tend Ing To Influence The Other As To Entering ...
Request
Request (lat. Requiro, To Ask For). In Contracts. A Notice Of A Desire On The Part Of The Person Making It, That The Other Party Shall Do Something In Relation To A Con Tract. Generally, When A Debt Is Payable Immediately, No Request Need Be Made. 10 Mass. 230 ; ...
Res Jimicata
Res Jimicata (lat. Things Decided). In Practice. A Legal Or Equitable Issue Which Has Been Decided By A Court Of Compe Tent Jurisdiction. It Is A General Principle That Such Decision Is Binding And Conclusive Upon All Other Courts Of Con Current Power. This Principle Pervades Not Only Our Own, ...
Rescission Of Contracts
Rescission Of Contracts. The Abrogation Or Annulling Ot Contracts. 2. It May Take Place By Mutual Consent ; And This Consent May Be Inferred From Acts. 4 Mann. & G. 898 ; 7 Bingh. 2,66 ; 1 Term, Lis3 ; 1 Pick. Mass. 57 ; 4 Id. 114 ; 5 ...
Rescue
Rescue. In Criminal Law. The Forcibly And Knowingly Freeing Another From Arrest Or Imprisonment. 4 Blackstone, Comm. 131. A Deliverance Of A Prisoner From Lawful Custody By A Third Person. 2 Bishop, Crim. Law, 0 911. Taking And Setting At Liberty, Against Law, A Distress Taken For Rent, Services, Or ...
Respondentia
Respondentia. In Maritime Law. A Loan Of Money, On Maritime Interest, On Goods Laden On Board Of A Ship, Upon The Condition That If The Goods Be Wholly Lost In The Conrse Of The Voyage, By Any Of The Perils Enumerated In The Contract, The Lender Shall Lose His Money ...
Resulting Trust
Resulting Trust. A Trust Raised By Intplication Or Construction Of Law, And Presumed To Exist From The Supposed Inten. Tion Of The Parties And The Nature Of The Transaction. All Trusts Created By Implication Or Construction Of Law Are Often Included Under The General Term Implied Trusts; But These Are ...
Retrospective
Retrospective (lat. Retro, Back, Spectare, To Look). Looking Backward. Having Reference To A State Of Things Ex Isting Before The Act In Question. 2. This Word Is Usually Applied To Those Aets Of The Legislature Vvhich Are Made To Operate Upon Some Subject, Contract, Or Crime Which Existed Before The ...
Reversal
Reversal. In International Law-. A Declaration By Which A Sovereign Promises That He Will Observe A Certain Order, Or Cer Tain Conditions, Which Have Been Once Esta Blished, Notwithstanding Any Changes That May Happen To Cause A Deviation Therefrom: As, For Exaniple, When The French Court Con Sented For The ...
Revocation
Revocation (lat. Re, Back, Voco, To Call). The Recall Of A Power Or Authority Conferred, Or The Vacating Of An Instrument Previously Made. 2. Revocation Of Grants. Grants May Be Revoked By Virtue Of A Power Expressly Re Served In The Deed, Or Where The Grant Is Without Consideration Or ...
Revolt
Revolt. The Endeavor Of The Crew Of It Vessel, Or Any One Or More Of Them, To Over Throw The Legitimate Authority 'of Her Com Niander, With- Intent To Remove Him From His Command, Or Agninet His Will To Take Posses Sion Of The Vessel By Assuming Tho Government And ...
Rhode Island
Rhode Island. One Of The Original, Thirteen States Of The United States Of Ame Rica ; Its Full Style Being, " The State Of. Rhode Island And ,pr Eridence Plantations." 2. Its Territ,,ry Lies I Etween Massachusetts And Connecticut, In The South,rest Single Of That Portion Oil The Territory Af ...
Right
Right. A Well-founded, Claim. 2. If People Believe That Humanity Itself Establishes Or Proves Certain Claims, Either Upon Fellow-beings, Or Upon Society Or Government, They Call These Claims Human Rights ; If They Believe That These Claims Inhere In The Very Nature Of Man Himself, They Call Them Inherent, Inalienable ...
Right Oe Search
Search, Right Oe. In Maritime Law. The Right Existing In A Belligerent To Examine And Inspect The Papers Of A Neutral Vossel At Sea. On The Continent Of Europe This Is Called The Right Of Visit. Dalloz, Dict. Prises Marititnes, N. 2. The Right Does Not Extend To Examine The ...
Right Patent
Right Patent. The Name Of An Ancient Writ, Which, Fitzherbert Says, " Ought To Be Brought Of Lands And Tenements, And Not Of An Advowson, Or Of Common, And Lieth Only Of An Estate Of Fee-simple, And Not For Him Who Has A Lesser Estate, As Tenant In Tail, Tenant ...
Rights Of Surety Against
Rights Of Surety Against Principal. 32. Until Default, The Surety Has, In Gene Ral, No Rights Against The Principal, Except The Passive Right To Be Discharged From The Obli Gation On The Conditions Stated Before. But After Default On The Part Of The Principal, And Before The Surety Is Called ...
Rights Of Surety Against_2
Rights Of Surety Against Creditor. 34. It Is Not Quite Clear Whether A Surety Can Enforce Any Remedies On The Part Of The Creditor Before Actual Payment By The Surety ; And, Of Course, As Connected With This, What Is The Effect Of A Request By The Surety To The ...
Rights Of Surety Against_3
Rights Of Surety Against Go-screty. 36. The Co-sureties Are Bound To Contri Bute Equally To The Debt They Become Liable To Pay When Their Undertaking Is Joint, Or Joint And Several, Not Separate And Suc Oessive, 3 Pet. 470; But The Creditor May Re Cover The Whole Amount Of One ...
Riot
Riot. In Criminal Law. A Tumult Uous Disturbance Of The Peace By Three Persons Or More, Assembling Together Of Their Own Authority With An Intent Mutually To Assist Each Other Against Any Who Shall Op Pose Them, In The Execution Of Some Enterprise Of A Private Nature, And Afterwards Actually ...
River
River. A Natural Stream Of Water Flow Ing Betwixt Banks Or Walls In A Bed Of Con Siderable Depth And Width, Being So Called Whether Its Current Sets Always One Way Or Flows And Reflows With The Tide. Woolrych, Wat. 40 ; 16 N. H. 467. 2. Rivers Are Either ...
Rules Of Navigation
Navigation, Rules Of. Rules And Regulations Which Govern The Motions Of Ships Or Vessels When Approaching Each Other Under Such Circumstances That A Collision May Possibly Ensue. These Rules Are Firmly Maintained In Tl3e United States Courts. 2. The Rules Of Navigation Which Prevailed Under The General Maritime Law, In ...
S Jurisdiction
S. Jurisdiction. It Is Difficult To Reduce A Jurisdiction So Extensive And Of Such Diverse Component Parts To A Rigid And Precise Classi Fication. But An Approach To It May He Made. The General Nature Of The Jurisdiction Has Already Been Indicated. It Exists • First, For The Purpose Of ...
S Revocation
S. Revocation. The Mode Of Revocation Of A Will Provided In The Statute Of Frauds, Car. Ii., Is By "burning, Cancelling, Tearing, Or Obliterating The Same." Ln The Present English Statute Of Wills, The Terms Used Are, " Burning, Tearing, Or Otherwise Destroying." If The Testator Has Torn Off Or ...