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Bouvier's Law Dictionary

Premium
Premium. In Insurance. The Considera Tion For A Contract Of Insurance. A Policy Of Insurance Always Expresses The Consideration•called The Premium, Which Is A Certain Amount Or A Certain Rate Upon The Value At Risk, Paid Wholly In Cash, Or Partly So And Partly By Promissory Note Or Other Wise. ...

Prescription
Prescription. A Mode Of Acquiring Ti Tle To Incorporeal Hereditaments By Immemo Rial Or Long-continued Enjoyment. The Distinction Between A Prescription And A Custom Le That A Custom Is A Local Usage And Not An Nexed To A Person; A Prescription Is A Personal Usage Conned To The Claimant And ...

Presence
Presence. The Being In A Particular Place. In Many Contracts And Judicial Proceedings It Is Necessary That The Parties Should Be Present In Or Der To Render Them Valid ; For Example, A Party To A Deed, When It Is Executed By Himself, Must Per Sonally Acknowledge It, When Such ...

Presentment
Presentment. In Criminal Practice. The Written Notice Taken By A Grand Jury Of Any Offence, From Their Own Knowledge Or Observation, Without Any Bill Of Indictment Laid Before Nein At The Suit Of The Govern Ment. 4 Bla. Com. 301. Upon Such Presentment, When Proper, The Officer Employed To Prosecute ...

President Of The United
President Of The United States Of America. The Title Of The Chief Execu Tive Officer Of The United States. The Constitution Directs That The Executive Power Shall Be Vested In A President Of The United States Of America. Art. 2, S.. 1. No Person Except A Natural-born Citizen, Or A ...

Presidential Electors
Presidential Electors. .persons Chosen In The Different States Whose Sole Du Ty It Is To Elect A President And Vice-president Of The United States. Each State Appoints A Number Of Electors Equal To The Whole Num Ber Of Senators And Representatives To Which The State Is Entitled In Congress, And ...

Press Copies
Press Copies. The Identity Of The Handwriting As Shown On The Impression Is Not Destroyed, Nor Rendered Unrecognizable By Persons Acquainted With Its Characteris Tics. A Person Having Accurate Knowledge Can Testify To The Genuineness With As Much Accuracy As If Tlae Original Sheets Were Be Fore Him. Such Copies ...

Presumption
Presumption. An Inference Affirmative Or Disaffirmative Of The Truth Or Falsehood Of Any Proposition Or Fact Drawn By A Pro Cess Of Probable Reasoning In The Absence Of Actual Certainty Of Its Truth Or Falsehood, Or Until Such Certainty Can Be Ascertained. Best, Presump. 4. An Inference Affirmative Or Disaffirma ...

Pretation
Pretation. A Perpetual Statute Is One For The Continu Ance Of Which There Is No Limited Time, Al Though It Be Not Expressly Declared To Be So. If A Statute Which Did Not Itself Contain Any Limitation Is To Be Governed By Another Which Is Temporary Only, The Former Will ...

Price
Price. The Consideration In Money Given For The Purchase Of A Thing. It Is Not Synonymous With Value; Chicago, K. & W. R. Co. V. Parsons, 51 Kan. 408, 32 Pac. 1083. There Are Three Requisites To The Quality Of A Price In Order To Make A Sale. It Must ...

Primary Election
Primary Election. A Popular Elec Tion Held By Membbrs Of A Particular Polit Ical Party, For The Purpose Of Choosing Dele Gates To A Convention Empowered To Nomi Nate Candidates For That Party To Be Voted For At An Approaching Election. State V. Hirsch, 125 Ind. 210, 24 N. E. ...

Principal
Principal. Leading; Chief ; More Im Portant. This Word Has Several Meanings. It Is Used In Opposition To Accessary, To Show The Degree Of Crime Committed By Two Persons. Thus, We Say, The Principal Is More Guilty Than The Accessary After The Fact. In Estates,, Principal Is Used As Opposed ...

Principal And Agent
Principal And Agent. Agency Is A Relation Between Two Or More Persons, By Which One Party, Usually Called The Agent Or Attorney, Is Authorized To Do Certain Acts For, Or In Relation To The Rights Or Property Of, The Other, Who Is Denominated The Principal, Constituent, Or Employer. Prof. Joel ...

Priority
Priority. Precedence; Going Before. He Who Has The Precedency In Time Has The Advantage In Right, Is The Maxim Of The Law ; Not That Time, Considered Barely In Itself, Can Make Any Such Difference, But Because, The Whole Power Over A Thing Be Ing Secured To One Person, This ...

Prison Labor
Prison Labor. In Most Of The States Prisoners Convicted Of Crime Are Sentenced To Hard Labor, And In The Constitution Of The United States And Of Several Of The States, The Right To Require The Services Of Prisoners Is Secured By The Exception Of Cases Of Pun Ishment For Crime ...

Prisoner
Prisoner. One Held In Confinement Against His Will. Lawful Prisoners Are Either Prisoners Charged With Crimes Or For A Civil Liability. Those Charged With Crimes Are Either Per Sons Accused And Not Tried; And These Are Considered Innocent, And Are Therefore En Titled To Be Treated With As Little Severity ...

Prisoner Of War
Prisoner Of War. One Who Has Been Captured While Fighting Under The Banner Of Some State. He Is A Prisoner Even Though Never Confined In A Prison. In Modern Times, Prisoners Are Treated With More Humanity Than Formerly : The Indi Vidual Captor Has Now No Personal Right To His ...

Privacy
Privacy. Equity Will Enjoin The Construction Of A Street Railway Over A Part Of A Turnpike Road, The Fee Of Which Is Owned By The Com Plainant; Philadelphia & Trenton R. Co. V. R. Co., 6 Pa. D. R. 269 ; At The Suit Of A Wife, Whose Title Is ...

Private International Law
Private International Law. A Name Used By Some Writers To Indicate That Branch Of The Law Which Is Now More Com Monly Called Conflict Of Laws. Mr. Dicey (conflict Of Laws, Moore's Ed. 12) Points Out That The Defect Of "conflict Of Laws" Is That The Supposed Conflict Is Ficti ...

Privateer
Privateer. A Vessel Owned By One Or More Private Individuals, Armed And Equip Ped At His Or Their Expense, For The Purpose Of Carrying On A Maritime War, By The Au Thority Of One Of The Belligerent Parties. A Privateer Is A Private Vessel Commis Sioned By The State By ...

Privilege
Privilege. Exemption From Such Bur Dens As Others Are Subjected To. State V. Betts, 24 N. J. L. 557. See Brenham V. Wa Ter Co., 67 Tex. 542, 4 S. W. 143; Ripley V. Knight, 123 Mass. 519. See A Full Title In Jacob, Law Dict. In Civil Law. A ...

Privilege Fro M Ar
Privilege Fro M. Ar Rest. Privilege From Arrest On Civil Process. It Is Either Permanent, As In Case Of Dip Lomatic Representations And Their Servants, The Royal Family And Servants, Peers And Peeresses, Etc., Or Temporary, As In Case Of Members Of Both Houses Of Congress, And Of The State ...

Privilege Hypothecation
Privilege; Hypothecation. In Scotch Lam What Corresponds To The Common Law Lien Is Included Under The Rights Termed Hypothec And Retention, Though Cer Tain Rights Of Retention Are Also Called Liens; Ersk. Prin. 374. See Retention ; Hypothe Cation. .common Law Lien. As Distinguished From The Other Classes, A Lien ...

Privilege Lien Priority Distbirtjiion
Privilege; Lien; Priority; Distbirtjiion. Specialty. A Debt By Specialty Or Special Contract Is One Whereby A Sum Of Money Be Comes, Or Is Acknowledged To Be, Due By Deed Or Instrument Under Seal; 2 Bla. Coin. 465; Probate Court For Dist. Of Orleans V. Child, 51 Vt. 86. A Debt ...

Privileged Communications
Privileged Communications. Com Munications Made Bona Fide Upon Any Sub Ject-matter In Which The Party Communicat Ing Has An Interest, Or In Reference To Which He Has A Duty, If Made To A Person Having A Corresponding Interest Or Duty, Although It Contain Matter Which Without This Privilege Would Be ...

Privileges And Immunities
Privileges And Immunities. The Words Privileges And Immunities Are Used In The 14th Amendment Of The United States Constitution, And In Other Parts Of That Doc Ument, And Were Also Used In The Articles Of Confederation. They Are Such Privileges As Are Fundamental, Which Belong To The Citi Zens Of ...

Prize
Prize. In Maritime Law. The Appre Hension 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 Con Tains, Or With That Of Becoming Master Of The Whole Or A ...

Prize Fight
Prize-fight. A Public Prize-fight Is An Indictable Offence. No Concurrence Of Wills Can Justify A Public Tumult And Alarm ; There Fore, Persons Who Voluntarily Engage In A Prize-fight And Their Abettors Are All Guilty Of Assault ; 4 C. & P. 537; Poll. Tort 186, N. ; 1 Cox, ...

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 Probate Of The Will Is Not Evidence In Re Gard To Real Estate. In Most Of The States The Same Rule Obtains In Regard To Real As ...

Probate Of A Will
Probate Of A Will. The Proof Before An Officer Authorized By Law That An Instru Ment Offered To Be Proved Or Registered Is The Last Will And Testament Of The Deceased Per Son Whose Testamentary Act It Is Alleged To Be. Jurisdiction. In England, The Ecclesias Tical Courts Were The ...

Procedure
Procedure. The Methods Of Conduct Ing Litigation And Judicial Proceedings. "practice," Like "procedure," Which Is Used In The Judicature Acts, Denotes The Mode Of Proceeding By Which A Legal Right Is En Forced, As Distinguished From The Law Which Gives Or Defines The Right, And Which, By Means Of The ...

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, In Criminal, Cases. The Method Taken By Law To Compel A Compliance With The Original Writ Or Com Mands Of The Court. A Writ, Warrant, Subpoena, ...

Proclamation
Proclamation. The Act Of Proclaiming Or Making Publicly Known Certain Affairs Of State. A Written Or Printed Document In Which Are Contained Such Matters, Issued By Proper Authority : As, The President's Procla Mation, The Governor's, The Mayor's Procla Mation. Also Used To Express The Public Nomination Of Any One ...

Production Of Documents Ww1
Production Of Documents. Ww1* There Is An Issue Either Direct Or Collablier On The Forgery Of Papers, Courts Of Equity Or Law Will Compel Their Production For Inspec Tion In Advance Of Trial. A Party To An Ac Tion At Law May, Before Trial, Maintain A Bill For Discovery Of ...

Profert In Curia
Profert In Curia (lat. He Produces In Court: Sometimes Written Profert In Curi Um, With The Same Meaning). In Pleading. A Declamation On The Record That A Party Pro Duces Inicourt The. Deed Under Which He Makes Title. , In Ancient Bract:ice, The Deed Itself 1,1zally Prochiced ; In Modern ...

Profit A Prendre
Profit A Prendre. The Right To Take Soil, Gravel, Minerals, And The Like From The Land Of Another. An Interest In The Estate. Black V. Min. Co., 49 Fed. 549; Washb. Easem. 11. This Right May Be The Subject Of A Separate Grant; Engel V. Ayer, 85 Me. 448, 27 ...

Profits
Profits. The Advance In The Price Of Goods Sold Beyond The Cost Of Purchase. See Delaney V. Van Aulen, 84 N. Y. 23. 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 ...

Prohibition
Prohibition. Edrbidden To Do; Inhibi Tion; Interdiction. Talbott V. Casualty Co., 74 Md. 545;22 Atl. 395, 13 L. R. A. 584. In Practice. The Name Of A Writ Issued By A Superior Court, Directed To The Judge And Parties To A Suit In An Inferior Court, Commanding Them To Cease ...

Promise Of Marriage
Promise Of Marriage. A Contract Mutually Entered Into By A Man And A Wo Man That 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. Brenzer V. Wight Man, 7 W. & S. (pa.) 264; Kimball V. Hunt Ington, 10 Wend. (n. Y.) 675, 25 Am. Dec. 590; Franklin V. March, 6 N. H. 364, 25 Am. Dec. ...

Promoters
Promoters. Those Who, In Popular And Penal Actions, Prosecute Offenders In Their Own Name And The King's. Persons Or Corporations At Whose Instance Private Bills Are Introduced Into And Passed Through Parliament. Especially Those Who Press Forward Bills For The Taking Of Land For Railways And Other Public Purposes, Who ...

Proof
Proof. The Conviction Or Persuasion Of The Mind Of A Judge Or Jury, By The Exhibi Tion Of Evidence, Of The Reality Of A Fact Al Leged. Thus, To Prove Is To Determine Or Per Suade That A Thing Does Or Does Not Exist ; 8 Toullier, N. 2 ; ...

Proofs Of
Proofs Of Loss. It Is A Usual Condition In All Policies In Insurance That Immediate No Tice Of Loss Shall Be Given By The Insured, And Generally Some Time Is Named Within Which The Proofs Of Loss Shall, Be Given In Writing To The Company. Compliance With Such Is A ...

Property
Property. The Right And Interest Which A Man Has In Lands And Chattels To The Exclusion Of Others. Morrison V. Semple, 6 Binn. (pa.) 98; Soulard V. U. S., 4 Pet. (u. S.) 511, 7 L. Ed. 938 ; Jackson V. Housel, 17 Johns. (n. Y.) 283; 11 East 290, ...

Prosecutor
Prosecutor. One Who Prosecutes An Other For A Crime In The Name Of The Govern Ment. The Public Prosecutor Is An Officer Ap Pointed By The Government To Prosecute All Offences: He Is The Attorney-general Or His Deputy. A Private Prosecutor Is One Who Prefers An Accusation Against A Party ...

Prospectus
Prospectus. A Prospectus Of An In Tended Company Ought Not To Omit Actual And Material Facts, Or To Conceal Facts Ma Terial To Be Known, The Misrepresentation Or Concealment Of Which May Improperly Influence The Mind Of The Reader ; For If He Is Thereby Deceived Into Becoming An Al ...

Prospectus
Prospectus. In Practice. The Commencement Of A Record In King's Bench, Now Written In English, "be It Remembered," And Which Gives Name To The Whole Clause. It Is Only Used In Proceedings By Bill, And Not In Proceedings By Original, And Was Troduced To Call Attention To What Was Sidered ...

Prostitution
Prostitution. The Common Lewdness Of A Woman For Gain. The Act Of Permitting A Common And Indiscriminate Sexual Inter Course For Gain. Com. V. Cook, 12 Mete. (mass.) 97. The Act Or Practice Of Prostituting Or Of Fering The Body To An Indiscriminate Inter Course With Men ; Common Lewdness ...

Protectorate
Protectorate. A Protectorate Is A State Which Has Transferred The Management Of Its More Important International Affairs To A Stronger State. 1 Opp. 144; Salmond, Juris. 210. It Implies Only A Partial Loss Of Sovereignty, So That The Protected State Still Retains A Position In The Family Of Nations. Moreover, ...

Protest
Protest. In Contracts. A Notarial Act, Made For Want Of Payment Of A Promissory Note, Or For Want Of Acceptance Or Payment Of A Bill Of Exchange By A Notary Public, In Which It Is Declared That All Parties To Such Instruments Will Be Held Responsible To The Holder For ...

Protestation
Protestation. In Pleading. The Indi Rect Affirmation Or Denial, By Means Of The Word Protesting (in The Latin Form Of Plead Ings, Protestando), Of The Truth Of Some Mat Ter Which Cannot With Propriety Or Safety Be Positively Affirmed, Denied, Or Entirely Passed Over. See 3 Bla. Com. 311. The ...

Proviso
Proviso. A Clause Inserted In An Act Of The Legislature, A Deed, A Written Agreement, Or Other Instrument, Which Generally Con Tains A Condition That A Certain Thing Shall Or Shall Not Be Done, In Order That An Agree Ment Contained In Another Clause Shall Take Effect. A Limitation Or ...

Proxy
Proxy (contracted From Procuracy, Proc Urator). A Person Appointed In The Place Of Another, To Represent Him. The Wife Of A Director Cannot Act As His Proxy ; State V. Perkins, 90 Mo. App. 603; Nor Can Another So Act ; Craig Medicine Co. V. Bank, 59 Hun 561, 14 ...

Public Libraries
Libraries, Public. A Public Library Has Been Held To Be "an Association Or Insti Tution Of Learning"; Philadelphia •library Co. V. Donohugh, 12 Phila. (pa.) 284, Affirm Ed In Appeal Of Donohugh, 86 Pa. 306; To Be "pre-eminently An Educational Institution"; Crerar V. Williams, 44 Ill. App. 497; To Serve ...

Public Service Corporation
Public Service Corporation. The Supplying Of Municipalities And Their Citizens With Such Public Utilities As Gas, Water, Elec Tric Light And Communication For Public And Private Use, By The Municipal Corporation Or By Private Capital, Is The Performance Of A Public Duty And The Property So Used Is Charged With ...

Publication
Publication. The Act By Which A Thing Is Made Public. It Differs From Promulgation, Which See; And See, Also, Toullier, Dr. Civ. Fr. Titre Preliminaire, N. 59, For The Difference In The Meaning Of These Two Words. Publication Has Different Meanings. When Applied To A Law It Signifies The Rendering ...

Punctuality
Punctuality. As A General Rule, A Railroad Company Is Liable To Damage Ac Cruing To A Passenger For A Negligent Failure On Its Part To Run Its Trains According To The Company's Time Tables ; But There Must Be Proof Of Negligence. Neither Time Table Nor Advertisement Is A Warrant ...

Punctuation
Punctuation. The Division Of A Writ Ten Or Printed Instrument By Means Of Points, Such As The Comma, Semicolon, And The Like. Courts Of Law In Construing Statutes And Deeds Must Read Them With Such Punctua Tion As Will Give Effect To The Whole ; 4 Term 65. In Construing ...

Punishment
Punishment. In Criminal Law. Some Pain Or Penalty Warranted By Law, Inflicted 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 Lawful Court. The Penalty For The Transgression ...