Preside

To preside over a court is to “hold” it,—to dlrect, control, and govern it as the chlef officer. A judge may “preside” whether slttlng as a sole judge or as one of several judges. Smith ▼. People, 47 N. I. 334

Source: Black’s Law Dictionary 2nd Ed (1910)


Presidential Electors

A body of electors chosen in the different states, whose sole duty It is to elect a presldent and vice-president of the United States. Each state appoints, in such manner as the legls-lature thereof may direct, a number of elect-ore equal to the whole number of senators and representatives to which the state is entitled in congress. Const U. 8. art 2, f 1

Source: Black’s Law Dictionary 2nd Ed (1910)


Presents

The present instrument. The phrase “these presents” is nsed in any legal document to designate the instrument in which the phrase Itself occurs

Source: Black’s Law Dictionary 2nd Ed (1910)


Preservation

Keeping safe from harm; avoiding Injury, destruction, or decay. This term always presupposes a real or existing danger. See Grihble v. wilson, 101 Tenn. 612, 49 S. W. 730; Neuendorff v. Dur-yea, 52 How. Prac. (N. Y.) 260

Source: Black’s Law Dictionary 2nd Ed (1910)


Presently

Immediately; now; at once. A right which may be exercised “presently” is opposed to one in reversion or re-mainder

Source: Black’s Law Dictionary 2nd Ed (1910)


Presentment

In criminal prao

Source: Black’s Law Dictionary 2nd Ed (1910)


Presentattvb Advowson

See

Source: Black’s Law Dictionary 2nd Ed (1910)


Presentee

In ecclesiastical law. A clerk who has been presented by his patron to a bishop in order to be instituted in a church

Source: Black’s Law Dictionary 2nd Ed (1910)


Presence

The existence of a person in a particular place at a given time, partic-ularly with reference to some act done there and then. Besides actual presence, the law recognizes constructive presence, which iat-ter may be predicated of a persou who, though not on the very spot, was near enough to be accounted present by the law, or who was actively co-operating with another who. was actually present. See Mltchell v. Com., 33 Grat. (Va.) 868.

Source: Black’s Law Dictionary 2nd Ed (1910)


Presentation

In ecclesiastical law, The act of a patron or proprietor of a living in offering or presenting a clerk to the ordi-nary to be instituted in the benefice

Source: Black’s Law Dictionary 2nd Ed (1910)


Prescribe

To assert a right or title to the enjoyment of a thing, on the ground, of having hitherto had the uninterrupted and immemorial enjoyment of it

Source: Black’s Law Dictionary 2nd Ed (1910)


Prescription

A mode of acqulring title to incorporeal hereditaments grounded on the fact of immemorial or long-continued enjoyment. See Lucas v. Turnpike Co., 36 W. Va. 427, 15 S. E. 182; Gayetty v. Bethune, 14 Mass. 52, 7 Am. Dec. 188; Louisville & N. R. Co. v. Hays, 11 Lea (Tenn.) 388, 47 Am. Rep. 291; Clarke v. Clarke, 133 CaL 667, 66 Pac. 10; Alhambra Addition water Co. v. Richardson, 72 Cal. 598, 14 Pac. 379; Stevens v. Dennett, 51 N. H. 329

Source: Black’s Law Dictionary 2nd Ed (1910)


Presbyterium

That part of the church where divine offices are performed; formerly applied to the choir or chancel, because it was the piace appropriated to the bishop, priest, and other clergy, while the laity were confined to the body of the church. Jacob

Source: Black’s Law Dictionary 2nd Ed (1910)


Prescribable

That to which a right may be acquired by prescription

Source: Black’s Law Dictionary 2nd Ed (1910)


Pres

I* Fr. Near. Oy pres, so near; as near. See Cr Pass

Source: Black’s Law Dictionary 2nd Ed (1910)


Presbyter

Lat in civil and ecclesiastical law. An elder; a presbyter; a priest. Cod. L 3, 6, 20; Nov. 6

Source: Black’s Law Dictionary 2nd Ed (1910)


Preponderance

This word means something more than “weight;” it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantially different There is generally a “weight” of ■ evidence on each side in case of con-tested facts. But juries cannot properly act upon the weight of evidence, in favor of the one having the onus, unless it overbear, in some degree, the weight npon the other side. Shinn v. Tucker, 37 Ark. 688. And see Hoff-man v. Loud, 111 Mich. 158, 69 N. W. 231; willcox v. Hines, 100 Tenn. 524, 45 8. W. 781, 66 Am. St Rep. 761; Mortimer v. McMullen, 202 IU. 413, 67 N. E. 20; Bryan v. Chicago, etc., R. Go., 63 Iowa, 464, 19 N. W. 295

Source: Black’s Law Dictionary 2nd Ed (1910)


Prerogative

An exclusive or peculiar privilege. The special power, privilege, immunity, or advantage vested in an offi-cial person, either generally, or in respect to the things of his office, or in an official body, as a court or legislature. See Attorney General v. Blossom, 1 wis. 817; Attorney General v. Eau Claire, 37 wis. 443

Source: Black’s Law Dictionary 2nd Ed (1910)


Prender, Prendre

L. Fr. To

Source: Black’s Law Dictionary 2nd Ed (1910)


Prepense

Forethought; preconceiv-ed; premeditated. See Territory v. Banni-gan. 1 Dak. 451, 46 N. W. 597; People v. Clark, 7 N. Y. 385

Source: Black’s Law Dictionary 2nd Ed (1910)


Premises

That whlch is put before; that which precedes; the foregoing state-ments. Thus, in logic, the two introductory propositions of the syllogism are called the “premises,” and from them the concluslon is deduced. So, in pleading, the expression “in consideration of the premises” frequently occurs, the meaning belng “ia conslderatlon of the matters hereinbefore stated.” See Teutonia F. Ins. Co. v. Mund, 102 Pa. 93; Alaska Imp. Co. v. Hlrsch, 119 Cal. 249, 47 Pac. 124

Source: Black’s Law Dictionary 2nd Ed (1910)


Premium

The sum paid or agreed to be paid hy an assured to the underwriter as the consideration for the insurance; being a certain rate per cent on the amount in-sured. 1 PhlL Ins. 205; State v. Pittsburg, etc., Ry. Co., 68 ohio SL 9, 67 N. E. 93, 64 L. R. A. 405, 96 Am St Rep. 635; HUI v. Insurance Co., 129 Mich. 141, 8S N. W. 392

Source: Black’s Law Dictionary 2nd Ed (1910)


Premeditation

The act of rnedl-tatlng in advance; dellberatlon upon a contemplated act; plotting or contriving; a de-sign formed to do something before it is done. See State v. Spivey, 132 N. C. 989, 43 S. E. 475; Fahnestock v. State, 23 Ind. 231; Com. v. Perrier, 3 Phila. (Pa.) 232; Atkinson v. State, 20 Tex. 531; State v. Reed, 117 Mo. 604, 23 S. W. 886; Klng v. State, 91 Tenn. 617, 20 S. W. 169; State v. Carr, 53 Vt. 46; State v. Dowden, 118 N. C. 1145, 24 S. E. 722; Savage v. State, 18 Fla. 965; Com. v. Drum, 58 Pa. 16; State v. Llndgrlnd, 33 wash. 440, 74 Pae 565

Source: Black’s Law Dictionary 2nd Ed (1910)


Premier

A princlpal minister of state; the prlme minister

Source: Black’s Law Dictionary 2nd Ed (1910)


Preliminary

Introductory; initia-tory; preceeding; temporary and provision-al; as preliminary examination, injunction, articles of peace, etc

Source: Black’s Law Dictionary 2nd Ed (1910)