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Bouvier's Law Dictionary

Park L
Park (l. Lat. Porous). An Inclosure. 2 Bla. Com. 38. A Pound. Reg. Orig. 166; Cowell. An Inclosed Chase Extending Only Over A Man's Own Grounds. 13 Car. Ii. C. 10; Manw. For. Laws; 2 Bla. Com. 38. Usually Smaller Than A Chase; Encycl. Laws Of Engl. (forest Laws). A ...

Parliament
Parliament (said To Be Derived From 'airier La Meat, To Speak The Mind, Or Parum Lamentum) . In English Law. The Legislative Branch Of The Government Of Great Britain, Consisting Of The House Of Lords And The House Of Corn Mons. The Parliament Is Usually Considered To Consist Of The ...

Parliamentary Act
Parliamentary Act. The Name Of An Act Of Parliament Of August 18, 1911, Which Recites That "it Is Intended To Substitute For The House Of Lords As It At Present Exists A Second Chamber Constituted On A Popular Instead Of Hereditary Basis, But Such Substi Tution Cannot Immediately Be Brought ...

Parol Evidence
Parol Evidence, How Far Admissible. The Rule In Regard To The Admissibility Of Parol Evidence To Vary, Control, Or To Render Intelligible The Words Of A Swill, Is Not Essen Tially Different From That Which Obtains In Regard To Contracts. It May Be Received To Show The State Of The ...

Parties
Parties. Remedy. The Foundation Of The Common Law Of Contracts May Be Said To Be The Giv Ing Of Damages For The Breach Of Contracts. When The Thing To Be Done Is The Payment Of Money, Damages Paid In Money Are En Tirely Adequate. When, However, The Con Than A ...

Parties
Parties. Those Who Take Part In The Performance Of An Act, As, Making A Con Tract, Carrying On An Action. Parties In Law May Be Said To Be Those United In Interest In The Performance Of An Act ; It May Then Be Composed Of One Or More Persons. The ...

Partition
Partition. The Division Which Is Made Between Several Persons Of Lands, Tenements, Or Hereditaments, Or Of Goods And Chattels Which Belong To Them As Coproprietors. The Term Is More Technically Applied To The Divi Sion Of Real Estate Made Between Co-parcen Ers, Tenants In Common, Or Joint Tenants. Voluntary Partition ...

Partnership
Partnership. Of Corporations. Dissolution Of Corpora Tions Takes Place By Act Of Legislature (but In America Only By Consent Of The Corpora Tion, Or Where The Power To Dissolve Has Been Reserved By The Legislature); By The Loss Of All The Members, Or An Integral Part Of Them ; By ...

Party Wall
Party-wall. A Wall Erected On The Line Between Two Adjoining Pieces Of Land Belonging To Different Persons, For The Use Of Both Properties. 2 Washb. R. P. 385. A Structure For The Common Benefit And Convenience Of Both The Tenements Which It Separates. Field V. Leiter, 118 Ir. 17, 6 ...

Pass
Pass. A Certificate Given To A Slave, By His Master Or Mistress, In Which It Is Stated That He Is Permitted To Leave His Home With Their Authority. The Paper On Which Such Certificate Is Written. In Practice. To Be Given Or Entered: As, Let The Judgment Pass For The ...

Pass Book
Pass-book. In Mercantile Law. A Book Used By Merchants With Their Customers, In Which An Entry Of Goods Sold And Delivered To A Customer Is Made. It Is Kept By The Buyer, And Sent To The Merchant Whenever Be Wishes To Purchase Any Article. It Ought To Be A Counterpart ...

Passenger
Passenger. One Who Has Taken A Place In A Public Conveyance, By Virtue Of A Con Tract, For The Purpose Of Being Transported From One Place To Another, On The Payment Of Fare Or Its Equivalent. Bricker V. R. Co., 132 Pa. 1, 18 Atl. 983, 19 Am. St. Rep. ...

Passport
Passport (fr. Passer, To Pass, Port, Har Bor Or Gate). In Maritime Law. A Paper Containing A Permission From A Neutral State To The Captain Or Master Of A Ship Or Ves Sel To Proceed On The Voyage Proposed. It Usually Contains His Name And Residence, The Name, Property, Description, ...

Patent
Patent. A Grant Of Some Privilege, Property, Or Authority, Made By The Govern Ment Or Sovereign Of A Country To One Or More Individuals. Phillips, Pat. 1. As The Term Was Originally Used In Eng Land, It Signified Certain Written Instruments Emanating From The King And Sealed With The Great ...

Paterfamilias
Paterfamilias (lat.). In Civil Law. One Who Was Sui /lo-is, And Not Subject To The Paternal Power. In Order To Give A Correct Idea Of What Was Un Derstood In The Roman Law By This Term, It Is Prop Er To Refer Briefly To The Artificial Organization Of The Raman ...

Patria Potestas
Patria Potestas (lat.). In Civil Law. The Paternal Power; The Authority Which The Law Vests In The Father Over ,the Persons And Property Of His Legitimate Children. In The Early Period Of The Roman History, The Paternal Authority Was Unlimited: The Father Had The Absolute Control Over His Children, And ...

Patronus
Patronus (lat.). In Roman Law. A Modification Of The Latin Word Pater, Father. A Denomination Applied By Romulus To The First Senators Of Rome, And Which They Al Ways Afterwards Bore. It Is Said That Romulus At First Appointed A Hun Dred Of Them. Seven Years Afterward, In Conse Quence ...

Payment
Payment. The Fulfilment Of A Promise, Or The Performance Of An Agreement. The Discharge In Money Of A Sum Due. It Implies The Existence Of A Debt, Of A Party To Whom It Is Owed, And Of A Satisfac Tion Of The Debt To That Party; Tuttle V. Arm Stead, ...

Payment Under Protest
Protest, Payment Under. Internal Revenue Taxes Paid Voluntarily Cannot Be Re Covered Back, And Payments, With Knowledge And Without Compulsion, Are Voluntary ; Chesebrough V. U. S., 192 U. S. 253, 24 Sup. Ct. 262, 48 L. Ed. 432. A Person Who Without The Compulsion Of Legal Process, Or Duress ...

Payment Into Court
Payment Into Court. In Practice. Depositing A Sum Of Money With The Proper Officer Of The Court By The Defendant In A Suit, For The Benefit Of The Plaintiff And In Answer To His Claim. It May Be Made In Some States Under Stat Utory Provisions ; State V. Weaver, ...

Peace
Peace. The Concord Or Final Agreement In A Fine Of Land. 18 Edw. I. Modus Levandi Finis. The Tranquillity Enjoyed By A Political So Ciety, Internally By The Good Order Which Reigns Among Its Members, And Externally By The Good Understanding It Has With All Other Nations. Applied To The ...

Peddler
Peddler. Persons Who Travel About The Country With Merchandise For The Purpose Of Selling It. An Itinerant Trader, Who Carries Goods About In Order To Sell Them, And Who Actual Ly Sells Them, To Purchasers, In Contradistinc Tion To A Trader Who Has Goods For Sale, And Sells Them, At ...

Peers
Peers (lat. Pares). The Vassals Of A Lord ; The Freeholders Of A Neighborhood, Be Fore Whom Livery Of Seisin Was To Be Made, And Before Whom, As The Jury Of The County, Trials Were Had. 2 Bla. Com. 316. These Vassals Were Called Pares Curia', Which Title See. 1 ...

Peine Forte Et Dure
Peine Forte Et Dure (l. Fr.). A Punishment Formerly Inflicted In England On A Person Who, Being Arraigned Of Felony, Re Fused To Plead And Put Himself On His Trial, And Stubbornly Stood Mute. A Jury Was Impanelled To Try Whether He Stood "mute Of Malice," Or "mute By The ...

Penalty
Penalty. A Clause In An Agreement, By Which The Obligor Agrees To Pay A Certain Sum Of Money If He Shall Fail To Fulfil The Contract Contained In Another Clause Of The Same Agreement. A Penal Obligation Differs From An Alterna Tive Obligation, For The Latter Is But One In ...

Penitentiary
Penitent.iary. A Prison For The Pun Ishment Of Convicts. A Prison Or Place Of Punishment. The Place Of Punishment In Which Convicts, Sen Tenced To Confinement And Hard Labor, Are Confined By The Authority Of The Mil Lar V. State, 2 Kan. 174; State V. Nolan, 48 Kan. 723, 29 ...

Pennsylvania
Pennsylvania. One Of The Thirteen Original States Of The United States Of Amer Ica. It Received Its Name From A Royal Charter Granted March 4, 1681, By Charles Ii. To William Penn. By That Charter, Penn Was Constituted Tire Proprietary And Governor Of The Province, And Vested With Pow Er ...

Pension
Pension. A Stated And Certain Allow Ance Granted By The Government To An Indi Vidual, Or Those Who Represent Him, For Serv Ices Performed By Him For The Country. The Act Of August 26, 1776, Of The Old Con Gress Promised Pensions To Soldiers And Sea Men Who Might Be ...

Peonage
Peonage. A Status Or Condition Of Com Pulsory Service Based Upon The Indebtedness Of The Peon To The Master. The Basal Fact Is Indebtedness. It Is Involuntary Servitude Within The 13th Amendment To The United States Constitution. Ii. S. U. S. 1990, 5526 Constitute It A Crime; Clyatt V. ...

People
People. A State : As, The People Of The State Of New York, A Nation In Its Collec Tive And Political Capacity. 4 Term 783. See U. S. V. Quincy, 6 Pet. (u. S.) 467, 8 L. Ed. 458. The Aggregate Or Mass Of The Individuals Who Constitute The State. ...

Performance
Performance. The Act Of Doing Some Thing. It Is Synonymous With Fulfilling. /etna Ins. Co. V. Kitties, 81 Ind. 97. The Thing Done : As, Paul Is Exonerated From The Obligation Of His Contract By Its Performance. When A Contract Has Been Made By Parol, Which Under The Statute Of ...

Periit Domino Sale
Periit Domino; Sale. Res Propria Est Quo Communis Non Est. A Thing Is Private Which Is Not Common. 8 Paige (n. Y.) 261, 270. Res Quo Intro Prcesiclia Perductce Nondum Quanquam Ab Hostibus Occupatce, Ideo Postliminti Non Egent, Quia Dominum Nondum Ex Gentium Jure. Things Which Have Not Yet Been ...

Peril Of Death
Peril Of Death. A Term Used To De Note That Condition Of Apprehension Of Death In Which It Is Necessary That The Donor Should Be, Order To Make A Valid Gift Mortis Causa. In The Cases On This Subject There Is Found A Great Lack Of Precision Of Defini Tion.. ...

Perils Of The Sea
Perils Of The Sea. All Marine Cas Ualties Resulting From The Violent Action Of The Elements, As Distinguished From Their Natural, Silent Influence Upon The Fabric Of The Vessel. The Warren Adams, 74 Fed. 413, 20 C. C. A. 486. A Phrase Contained In Bills Of Lading, And A Class ...

Perishable Goods
Perishable Goods. Goods Which Are Lessened In Value And Become Worse By Being Kept. Losses Due To The Natural Decay, Deteriora Tion, And Waste Of Perishable Goods In The Hands Of A Carrier Are Excusable. Reference Must Always Be Had, However, To The Nature And Inherent Qualities Of The Articles ...

Perjur Y
Perjur Y. The Wilful Assertion As To A Matter Of Fact, Opinion, Belief, Or Knowledge, Made By A Witness In A Judicial Proceeding As Part Of His Evidence, Either Upon Oath Or In Any Form Allowed By Law To Be Substituted For An Oath, Whether Such Evidence Is Given In ...

Perpetuity
Perpetuity. Any Limitation Tending To Take Property Out Of Commerce For A Longer Period Than A Life Or Lives In Being, And Twenty-one Years Beyond, And, In Case Of A Posthumous Child, A Few Months More, Allowing For The Term Of Gestation. Randall, Perp. 48. Such A Limitation Of Property ...

Person
Person. A Man Considered According To The Rank He Holds In Society, With All The Right To Which The Place He Holds Entitles Him, And The Duties Which It Imposes. Peo Ple V. R. Co., 134 N. Y. 506, 31 N. E. 873. The Term Is, However, More Extensive Than ...

Personal Property
Personal Property. The Right Or In Terest Which A Man Has In Things Personal. The Right Or Interest Less Than A Freehold Which A Man Has In Realty, Or Any Right Or Interest Which He Has In Things Movable. Personal Property Is To Be Distinguished From Things Personal. There May ...

Personal Property
Personal Property. For The General Rules As To The Disposition Of Personal Property, See Domicil,. Bills Of Exchange And Promissory Notes Are To Be Governed, As To Validity And Interpretation, By The Law Of The Place Of Making, As Are Other Contracts. The Resi Dence Of The Drawee Of A ...

Petition Of Right
Petition Of Right. In English Law. A Proceeding In Chancery By Which A Sub Ject May Recover Property In The Possession Of The King. This Is In The Nature Of An Action Against A Subject, In Which The Petitioner Sets Out His Right To That Which Is Demanded By Him, ...

Pew
Pew. A Seat In -a Church, Separate From All Others, With A Convenient Place To Stand Therein. It Is An Incorporeal Interest In The Real Property, The Pewholder Does Not Own The Soil ; Cooper V. Presbyterian Church, 32 Barb. (n. Y.) 234; Gay V. Baker, 17 Mass. 435, 9 ...

Philippine Islands
Philippine Islands. War Was De Clared With Spain On April 25, 1898. On May 1, 1898, The Forces Of The United States Captured Manila Bay And Harbor. The Pro Tocol Of August 12, 1898, Provided That The United States Would Occupy And Hold The City, Bay And Harbor Of Manila ...