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Bouvier's Law Dictionary

Photograph
Photograph. The Mechanical Process Of Photography Is Judicially Recognized As A Means Of Producing True Likenesses Which Are Admissible In Evidence In The Trial Of Civil And Criminal Cases. The Difference Be Tween The Iiages Produced Upon A Photo Graphic Plate And Upon The Human Eye Does Not Render A ...

Physical Examination
Physical Examination. The Ques Tion As To Whether, And Under What Circum Stances, Courts Will Permit The Physical Ex Amination Of Litigants And Of Persons Ac Cused Of Crime, And Also Of Property In Liti Gation, Has Been Much Mooted. A Physical Examination Of A Woman Under The Writ Of ...

Physician
Physician. A Person, Who Has Received The Degree Of Doctor Of Medicine From An In Corporated Institution. One Lawfully Engaged In The Practice Of Medicine. As Used In A Policy Of Life Insurance, The Term "family Physician" Has Been Held To Mean The Physician Who Usually Attends, The Members Of ...

Pilot
Pilot. An Officer Serving On Board Of A Ship During The Course Of A Voyage, And Hav Ing Charge Of The Helm And Of The Ship's Route. An Officer Authorized By Law Who Is Taken On Board At A Particular Place For The Purpose Of Conducting A Ship Through A ...

Piracy
Piracy. A Robbery Or Forcible Depreda Tion On The High Seas, Without Lawful Author Ity, Done Animo Furandi, In The Spirit And In Tention Of Universal Hostility. U. S. V. Palm Er, 3 Wheat. (u. S.) 610, 4 L. Ed. 471; U. S. V. Smith, 5 Wheat. (u. S.) 153, ...

Pital Charitable Uses
Pital ; Charitable Uses. If A Trustee Dies, Or Fails Or Refuses To Execute Or Accept The Trust, Or No Trustee Is Named, The Trust Does Not For That Reason Fail. It Is A Settled Rule That The Court Of Chancery Will Provide A Trustee Or Attend To The Execution ...

Plaintiffs
Plaintiffs. All Persons Having A Unity Of Interest In The Subject-matter; Alston V. Jones, 3 Barb. Ch. (n. Y.) 397; Brooks V. Harrison, 2 Ala. 209; And In The Object To Be Attained; Gartside V. Gartside, 113 Mo. 348, 20 S. W. 669; Bosher V. Land Co., 89 Va. 455, ...

Plaintiffs
Plaintiffs. In General, All Persons Who Have A Just Cause Of Action May Sue, Unless Some Disability Be Shown; Dicey, Part. 1. An Action On A Contract, Of Whatever De Scription, Must Be Brought In The Name Of The Party In Whom The Legal Interest Is Vest Ed; 3 B. ...

Plaintiffs_2
Plaintiffs. In General, All Persons, Wheth Er •natural Or Artificial, May Sue In Equity ; And An Equitable Title Only Is Sufficient ; Frye V. Bank, 5 Gilman (ill.) 332. Incapacities Which Prevent Suit Are Absolute, Which Dis Able During Their Continuance, Or Partial Which Disable The Party To Sue ...

Plea
Plea. In Equity. A Special Answer Show Ing Or Relying Upon One Or More Things As A Cause Why The Suit Should Be Either Dismiss Ed, Or Delayed, Or Barred. Mitf. Eq. Pl. Jer. Ed. 219; Coop. Eq. 223; Story, Eq. Pl. § 649. The Modes Of Making Defence To ...

Pleading
Pleading. The Written Allegation Of What Is Affirmed On The One Side, Or Denied On The Other, Disclosing To The Court Or Jury Having To Try The Cause, The Real Matter In Dispute Between The Parties. Desnoyer V. Hereux, 1 Minn. 17 (gil. 1). In Chancery Practice. It Consists In ...

Pleadings
Pleadings. In Chancery Practice. The Written Allegations Of The Respective Parties In The Suit. The Pleadings In Equity Are Less Formal Than Those At Common Law. The Parts Of The Pleadings Are—the Bill, Which Contains The Plaintiff's Statement Of His Case, Or Information, Where The Suit Is Brought By A ...

Pleas In Abatement Of
Pleas In Abatement Of The Writ.-in General, Any Irregularity, Defect, Or Infor Mality In The Terms, Form, Or Structure Of The Writ, Or Mode Of Issuing It, Is A Ground Of Abatement; Gould, Pl. Ch. 5, S. 132. Among Them May Be Enumerated Want Of Date, Or Impossible Date; Want ...

Pledge
Pledge. A Bailment Of Personal Prop Erty As Security For Some Debt Or Engage Ment. The Word Is Also Applied To The Res Or Personal Property Forming The Subject-mat Ter Of The Bailment. Pawn, Was Synonymous With Pledge At Common Law, But Modern Usage Tends To Restrict These Words To ...

Poles
Poles. The Erection Of Poles In A Street Or On The Sidewalk Is An Obstruction Of The Highway, Hnd, Like All Other Obstructions, Is Only Justified When Done Under Authority Of Law ; People V. Tel. Co., 31 Hun (n. Y.) 596 ; Keasbey, Electric Wires. Where Authorized, They Must ...

Police Power
Police Power. The Powers Of Govern Ment Inherent In Every Sovereignty. License Cases, 5 How. (u. S.) 583, 12 L. Ed. 25(3; In Re Allyn's Appeal, 81 Conn. 534, 71 Atl. 794, 23 L. R. A. (n. S.) 630, 129 Am. St. Rep. 225. First Used By Marshall, C. J., ...

Policy
Policy. The Instrument Whereby Insur Ance Is Made By An Underwriter In Favor Of An Assured, Expressed, Implied, Or Intended, Against Some Risk, Peril, Or Contingency, In Reference To Some Subject. The Written Or Printed Form To Which The Contract Has Been Reduced, And Which Evi Dences The Agreement Or ...

Political Question
Political Question. One Over Which The Courts Decline To Take Cognizance In View Bf The Line Of Demarkation Between The Judicial Branch Of The Government, On One Hand, And The Executive And Legislative Branches, On The Other. 'parker V. State, 133 Ind. 178, 32 N. E. 836, 33 N. E. ...

Pollution Of Waters
Pollution Of Waters. A Riparian Proprietor Is Required To Refrain From Erect Ing Upon The Banks Of A Water Course Any Works Which Will Pollute The Water And Thereby Create A Nuisance ; 9 Co. 59 ; 5 B. & Ald. 1; Attorney-general V. Steward, 20 N. J. Eq. 416; ...

Polygamy
Polygamy. The Act Or State Of A Person Who, Knowing That He Has Two Or More Wives, Or The She Has Two Or More Husbands, Mar Ries Another. It Differs From Bigamy. Com. Dig. Jus Tices (s 5) ; Co. 3d Inst. 88. But Bigamy Is Now Commonly Used Even ...

Poor Debtors
Poor Debtors. By The Constitution Of The Several States And Territories, Or By The Laws Which Exist For The Relief Of Poor Debt Ors, It Is Provided In General Terms That There Shall Be No Imprisonment For Debt. But This Is Usually Qualified By Provisions For The Arrest Of Debtors ...

Pope
Pope. The Bishop Of Rome And Head Of The Roman Catholic Church. He Is Elected By Certain Officers Called Cardinals, And Re Mains In Power During Life. In The 9th Col Lation Of The Authentics It Is Declared The Bishop Of Rome Hath The First Place Of Sitting In All ...

Port
Port. A Place To Which The Officers Of The Customs Are Appropriated, And Which In Cludes The Privileges And Guidance Of All Members And Creeks Which Are Allotted To Them. 1 Chitty, Com. Law 726; Postlewaith, Corn. Dict. According To Dalloz, A Port Is A Place Within Land, Protected Against ...

Portionment
Portionment. Express Or Conventional Obligations Are Those By Which The Obligor' Binds Himself In Express Terms To Perform His Obligation. Imperfect Obligations Are Those Which Are Not Binding On Us As Between Man And Man, And For The Non-performance Of Which We Are Accountable To God Only: Such As Charity ...

Porto Rico
Porto Rico. By The Ratification Of The Treaty Of Peace With Spain, Porto Rico Be Came Subject To The Legislative Power Of Congress, But, Pending The Action Of Con Gress, And The Necessary Delay In Establish Ing Civil Government, There Was No Inter Regnmin, And The Authority To Govern The ...

Posse Comitatus
Posse Comitatus (lat.). The Power Of The County. The Sheriff, Or Other Peace Officer, Has Authority By The Common Law, While Act Ing Under The Authority Of The Writ Of The United States, Commonwealth, Or People, As The Case May Be, And For The Purpose Of Preserving The Public Peace, ...

Possessio F Ratr Is
Possessio F Ratr Is (lat. The Brother's Possession). A Technical Phrase Applied In The English Law Relating To Descents, To De Note The Possession By One In Such Privity With A Person As To Be Considered The Per Son's Own Possession. By The Common Law, The Ancestor From Whom The ...

Postal Service
Postal Service. That Relating To The Mails, Their Transmission And Delivery. The Act Of July 26, 1892, Provides That After A General Advertisement For The Trans Portation Of The Mails, The Postmaster-gen Eral May Secure Any Mail Service That May Become Necessary, And The Contract Shall Be Made With The ...

Postliminium
Postliminium (lat. From Post, After, And Limen, Threshold). A Fiction Of The Civil Law, By Which Persons Or Things Taken By The Ene My Were Restored To Their Former Status On Coming Again Under The Power Of The Nation To Which They Formerly Belonged. Calvinus, Lex.; 1 Kent 108. It ...

Postmaster
Postmaster. An Officer Who Keeps A Postoilice, Attending To The Receipt, Forward Ing, And Delivery Of Letters And Other Matter Passing Through The Mail. Postmasters Must Reside Within The Deliv Ery District For Which They Are Appointed. For Those Offices Where The Salary Or Com Pensation Is Less Than A ...

Postulatio
Postulatio (lat.). In Roman Law. The Name Of The First Act In A Criminal Pro Ceeding. A Person Who Wished To Accuse Another Of A Crime Appeared Before The Prmtor And Requested Hls Au Thority For That Purpose, Designating The Person Intended. This Act Was Called Postulatio. The Postulant Made ...

Poun D
Poun D. A Place, Enclosed By Public Au Thority, For The Temporary Detention Of Stray Animals. Gilmore V. Holt, 4 Pick. (mass.) 258; Brightman V. Grinnell, 9 Pick. (mass.) 14. Animals May Not Be Impounded Unless They Are Suffered By The Owner To Run At Large, Within The Strict Construction ...

Powe R
Powe R. The Right, Ability, Or Faculty Of Doing Something. The Distinction Between "power" And "right," Whatever May Be Its Value In Ethics, In Law Is Very Shadowy And Unsubstantial. He Who Has Legal Power To Do Anything Has The Legal Right; Com. V. Mcmanus, 193 Pa. 64, 21 Atl. ...

Power
Power. Sec. 1. The Section Under Consideration Provides In The First Place For The Election Of The President By Electors Appointed In Such Manner As The State Legislature May Direct, And For This Purpose Their Power Is Exclu Sive, And A Law Providing For Their Election By Districts Is Valid; ...

Power Of Attorney
Power Of Attorney. An Instrument Authorizing A Person To Act As The Agent Or Attorney Of The Person Granting It. It Is Often Called Letter Of Attorney. A General Power Authorizes The Agent To Act Generally In Behalf Of The Principal. A Special Power Is One Limited To Particu Lar ...

Powers And Duties Of
Powers And Duties Of An Executor Or Administrator. The Duty Of An Administra Tor Is In General To Do The Things Set Forth In His Bond ; And For This He Is Generally Oblig Ed To Give Security ; Baldwin V. Buford, 4 Yerg. (tenn.) 20 ; Colwell V. Alger, ...

Powers Of Partners
Powers Of Partners. General Rule. It Has Been Customary To Derive The Authority Of A Partner From An Assumed Relation Of Mutual Agency Between The Members Of The Firm, And It Is True That The Firm Is Respon Sible For Whatever Is Done By Any Of The Partners While Acting ...

Pr Ecato Ry Words
Pr Ecato Ry Words. Expressions In A Will Praying Or Requesting That A Thing Shall Be Done. A Trust Created By Such Words, Which Are" More Like Words Of Entreaty And Permission, Than Of Command Or Certainty. Examples Of Such Words, Which The Courts Have Held Sufficient To Constitute A ...

Pre Emption
Pre-emption. In International Law. The Right Of Pre-emption Is The Right Of A Nation To Detain The Merchandise Of Stran Gers Passing Through Her Territories Or Seas, In Order To Afford To Her Subjects The Prefer Ence Of Purchase. 1 Chitty, Dom. Law 103; 2 Bla. Corn. 287. According To ...

Pre Emption Right
Pre-emption Right. The Right Given To Settlers Upon The Public Lands To Purchase Them At A Limited Price In Preference To Others. It Gave A Right To The Actual Settler Who Was A Citizen Of The United States, Or Who Had Filed A Declaration Of Intention To Be Come Such, ...

Preamble
Preamble. An Introduction Prefixed To A Statute, Reciting The Intention Of The Legis Lature In Framing It, Or The Evils Which Led To Its Enactment. It Is No Part Of The Law; Erie & N. E. R. V. Casey, 26 Pa. 287. Contra, [1891] A. C. 543. It Is No ...

Precedents
Precedents. Legal Acts Or Instru Ments Which Are Deemed Worthy To Serve As Rules Or Models For Subsequent Cases. The Word Is Similarly Applied In Respect To Judicial And Legislative Action. In The Former Use, Precedent Is The Word To Desig Nate An Adjudged Case Which Is Actually Followed Or ...

Preference
Preference. The Paying Or Securing, To One Or More Of His Creditors, By An Insol Vent Debtor, The Whole Or A Part Of, Their Claim, To The Exclusion Of The Rest. The Right, Which A Creditor Has Acquired Over Others To Be Paid First Out Of The Assets Of His ...

Preferences
Preferences. How Made. It Used To Be Held That The Instrument Of Assignment Must Be Of As High A Character And Nature As The Instrument Transferred; But Now A Parol (usually Writ Ten) Assignment May Transfer A Deed, If The Deed Be At The Same Time Delivered; Canna Day V. ...

Pregnancy
Pregnancy. In Medical Jurisprudence. The Condition Of A Woman Who Has Within Her The Product Of A Conception Which Has Occurred Within A Year. Billings, Nat. Med. Dictionary. Extra Uterine Or Ectopic Pregnancy Is The Development Of The Ovum Outside Of The Uter Ine Cavity, As In The Fallopian Tubes ...

Preliminary Examination
Preliminary Examination. The Hearing Given To A Person Accused Of Crime, By A Magistrate Or Judge, Exercising The Functions Of A Committing Magistrate, To As Certain Whether There Is Evidence To War Rant And Require The Commitment And Hold Ing To Bail Of The Person Accused. See Bish. New Cr. ...