In the civil law. Lands; es* tqtes; tenements; properties. See Pb.«di-um
Source: Black’s Law Dictionary 2nd Ed (1910)
The punishment of casting headlong from some high place
Source: Black’s Law Dictionary 2nd Ed (1910)
In feudal law. A kind of benefices, so called because they were possessed by the more eminent templars, whom the chief master by his authority created and called “Praceptores Templi.”
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. In practice. An original tVrit, drawn up in the alternative, com-manding the defendant to do the thing required, or show the reason why he had not done it 3 Bl. Comm. 274
Source: Black’s Law Dictionary 2nd Ed (1910)
He who is engaged in the exercise or employment of any art or professlon
Source: Black’s Law Dictionary 2nd Ed (1910)
I>at. Masters. The chief clerks in chancery were formerly so called, because they had the direction of mak-lng out remedial writs. 2 Reeve, Eng. Law, 251
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law. The decisions of the court of session, as evidence of the practice or custom of the country. BeU
Source: Black’s Law Dictionary 2nd Ed (1910)
The form or mode of pro-ceeding in courts of justice for the enforce-ment of rights or the redress of wrongs, as distinguished from the substantive law which gives the right or denounces the wrong. The form, manner, or order of instituting and conducting a suit or other Judicial pro-ceeding, through its successive stages to its end, in accordance with the rules and prin-ciples laid down by law or by the regulations and precedents of the courts. The term ap-plies as well to the couduct of criminal actions as to civil suits, to proceedings in equity as well as at law, aud to the defense as well as the prosecution of any proceeding. See Fleischman v. Walker, 91 111. 321; People v. Central Pac. R. Co., 83 Cal. 393, 23 Pac. 603; Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct 443, 27 L. Ed. 506; opp v. Ten Eyck, 99 Ind. 351; Beardsley v. Littell, 14 Blatchf. 102, Fed. Cas. No. 1,185; Union Nat. Bank v. Byram, 131 111. 92, 22 N. E. 842
Source: Black’s Law Dictionary 2nd Ed (1910)
In English law. A court attached to the court of king’s bench, which heard and determined common matters of business and ordinary motions for writs of mandamus, prohibition, etc. It was usually called the “ball court” It was held by one of the puisne justices of the king’s bench
Source: Black’s Law Dictionary 2nd Ed (1910)
A practical construction of a constitution or statute is one deter-mined. not by judicial decision, but practice sanctioned by general consent. Farmers’ & Mechanics* Bank v. Smith, 3 Serg. & R. (Pa.) 69; Bloxhain v. Consumers* Electric Light, etc., Co., 36 Fla. 519, 18 South. 444, 29 L. R. A. 507, 51 Am. St. Rep. 44
Source: Black’s Law Dictionary 2nd Ed (1910)
Every power of. disposition is deemed absolute, by means of which the donee of such power is enabled In hia life-time to dispose of the en-tire fee for his own benefit; and, where a general and beneficial power to devise the Inheritance is given to a tenant for life or years, it is absolute, within the meaning of the statutes of some of the states. Code Ala. 1886, $ 1853. See Power of Appointment
Source: Black’s Law Dictionary 2nd Ed (1910)
A clause sometimes inserted in mortgages and deeds of trust, giv-lng the mortgagee (or trustee) the rlght and power, on default in the payment of the debt secured, to advertise and sell the mortgaged property at public auction (but without re4 sorting to a court for authority), satisfy the creditor out of the net proceeds, convey by deed to the purchaser, return the surplus, If any, to the mortgagor, and thereby divest
Source: Black’s Law Dictionary 2nd Ed (1910)
A pow-er or authority conferred by one person by deed or will upon another (called the “do-nee”) to appoint, that is, to select and nominate, the person or persons who are to receive and enjoy an estate or an income there-from or from a fund, after the testator’s death, or the donee’s death, or after the termination of an existing right or interest. See Heinemann v. De wolf, 25 R. I. 243, 55 AU. 707
Source: Black’s Law Dictionary 2nd Ed (1910)
An instru-ment authorizing a person to act as the agent or attorney of the person granting it. See Letteb of Attorney
Source: Black’s Law Dictionary 2nd Ed (1910)
By this phrase is meant a right or power to do some act, together with an in-Xerest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere au-thority to act, not accompanied by any interest of the donee in the subject-matter of the power
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law. Power. See Liege Poustle. A word formed from the Latin “potestas.”
Source: Black’s Law Dictionary 2nd Ed (1910)
An affidavit, made and filed by one of the parties to a suit, that he is not able to furnish security for the final costs. The use of the term is confined to a few states. Cole v. Hoeburg, 36 Kan. 263, 13 Pac. 275
Source: Black’s Law Dictionary 2nd Ed (1910)
In old English law. The providing corn, fuel, victuals, and other necessaries for the king’s house. Cowell
Source: Black’s Law Dictionary 2nd Ed (1910)
An inclosure. Any-thlng done to the nuisance or hurt of the public demesnes, or the highways, etc., by inclosure or building, endeavoring to make that private which ought to be public. The difference between a pourpresture and a public nuisance is that pourpresture is an In-vasion of the jus privatum ot the crown; but where the jus publicum is violated it is a
Source: Black’s Law Dictionary 2nd Ed (1910)
The king’s messenger; a royal or state messenger. In the heralds* college, a functionary of lower rank than a herald, but discharging similar duties, called also “poursuivant at arms.”
Source: Black’s Law Dictionary 2nd Ed (1910)
Fr. In French law. The preliminary negotiations or bargainings which lead to a contract between the parties. As in Euglish law, these form no part of the contract when completed. The term is also used in this sense in international law and the practice of diplomacy
Source: Black’s Law Dictionary 2nd Ed (1910)
To make pourparty is to divide and sever the lands that fall to par-ceners, which, before partition, ’ they held jointly and pro indiviso. Cowell
Source: Black’s Law Dictionary 2nd Ed (1910)