Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

PUEBLO

Pueblo. A town; a political division of the state. See 85 Cal. 448, 24 Pac. 818.

Puer. A boy; a child.

Pueri sunt de sanguine parentum, sed pater et mater non sunt de sanguine puerorum. Children are of the blood of the parents but the father and mother are not of the blood of the children. Puerility. The condition of boys from 7 to 14, inclusive, and of girls from 7 to 12..

Pueritia. Childhood from 7 to 14. Puffer. One who attends an auction sale for the purpose of inflating the bidding. See 110 Ga. 72, 78 Am. St. Rep. 93, 48 L. R. A. 345, 35 S. E. 334.

Puffing. By-bidding, which see. Puis, Puys, Pues, Pus, or Puz. After; since.

Puis darrein continuance. A common-law pleading setting up a defense arising after plea, and before replication, or after issue joined. See 97 Tenn. 514, 37

[blocks in formation]
[blocks in formation]

Pur autre vie. See Estate pur autre vie.

Pur cause de vicinage. See Common pur cause de vicinage.

Pur ceo que. For as much as.
Pur moyen. By means of.
Pur tant que. Because.

Purchase. All modes of acquiring property except by descent and includes a devise. See 9 Cow. (N. Y.) 437, 18 Am. Dec. 516. Purchase money. Money paid for the land, or the debt created by the purchase. See 37 Ill. 438, 87 Am. Dec. 254.

Purchase money mortgage. A mortgage executed simultaneously with a deed to the land to secure the purchase price. See 26 Tex. 629, 84 Am. Dec. 591.

Purchase on margin. A purchase

wherein a sum of money, or its equivalent, is placed in the hands of a broker by the purchaser as security to the broker against any loss to which he may be exposed by reason of a subsequent depression in the market value of the stock. See 74 Am. St. Rep. 470, note.

Purchase, Words of. See Words of purchase.

Purchaser. The buyer of that which is sold; one who acquires by purchase. See Purchase.

PURCHASER

Purchaser of a note or bill. One who buys it without the seller's indorsement of it.

Pure chance. The entire absence of all means of calculating results. See 103 Am. St. Rep. 712, note, quoting Black L. Dict.

Pure obligation. An obligation with no remaining unperformed condition precedent.

Pure plea. A plea in equity setting up matters not referred to in the bill. See 40 Fla. 418, 24 South. 911.

Pure villeinage. Tenure by whatever service the landlord may require. Purgation. The act of clearing one's self of a criminal charge by denial under oath or by compurgators. See Compurgation.

Purge by the hot iron. See Fire ordeal.

Purge by water. See Hot-water ordeal.

Purgery. A room where hogsheads of sugar are placed standing to drain them. See 41 La. Ann. 1000, 6 South. 899.

Purging a tort. Assuming responsibility for a tort committed by another.

Purlieu. Land near a forest and once a part of it.

Purloin. To steal.

Purpart. That part of an estate which, having been held in common, is by partition allotted to one of the parties. See 141 Pa. 93, 21 Atl. 514, citing Bouv. L. Dict. Purparty. Same as Pourparty. Purport. Apparent meaning; design; import.

Purpresture. The inclosure or making several to one's self that which ought to be common to many. See 107 Am. St. Rep. 204, note. Law Dict.-26

401

Purprisum. An inclosure.

PYX

Purq. Purquoi, which see. Purquoi. Wherefore; why. Purser. A ship's officer representing the owners as fiscal agent. See 14 Hun (N. Y.), 100.

Pursue. To cause one's prosecution. Pursuer. The complainant in an ecclesiastical suit.

Purus. Pure; clear.

Purveyance. An English crown prerogative of buying necessaries for the royal household at appraised valuations. See 62 Vt. 27, 9 L. R. A. 195, 20 Atl. 107. Purveyor. A provider. Purview. The enacting part of a statute, the body or subject of it, as distinguished from the preamble, the saving and the proviso. See 15. U. S. 132, 4 L. Ed. 202.

Put. The privilege among stockbrokers of delivering or not delivering the thing sold. See 113 Ill. 228, 55 Am. Rep. 414.

Put in suit. To bring an action upon.

Put in ure. tice. Put to answer. Held for trial. Put upon. To submit to. Putative. Reputed; supposed. Putative marriage. A marriage, null by reason of a dissolving cause, which is sustained because of the good faith of the parties and their ignorance of the dissolving cause. See 1 Tex. 621, 46 Am. Dec. 121. Pykerie. Same as Pickery. Pyromania. An insane desire to

To put into use or prac

burn property.

Pyx. A receptacle in a mint where sample coins are placed for testing.

Q. B.

QUAE

Q. B. Queen's bench, which see.
Q. C. Queen's counsel, which see.
૨. C. f. Quare clausum fregit,
which see.

Q. v. Quod vide, which see.
Q'd. Quod, which see.

Qua. As; in the office or capacity of; e. g., qua guardian.

Qua supra. As appears above. Quack. A pretended physician. See 115 Wis. 385, 91 N. W. 973. Quacunque via data. way it is considered. Quadragesima. The first Sunday in Lent.

Whichever

[blocks in formation]

Q

Those things which are not valid in the beginning cannot be cured by a subsequent act.

Quae accessionum locum obtinent, extinguuntur cum principales res peremptae fuerint. When the principal things have been annihilated, those things which hold the position of incidents to them are extinguished.

Quae ad unum finem locuta sunt, non debent alium detorqueri. Things which have been said to to be

one

purpose ought not twisted to another.

Quae cohaerent personae a persona separari nequeunt. Those things which are connected with the person ought not to be separated from the person.

Quae communi lege derogant stricte interpretantur. Those (statutes)

which derogate from the common law are strictly interpreted. Quae contra rationem juris introducta sunt, non debent trahi in consequentiam. Those things which have been introduced contrary to the reason of the law ought not to be drawn into precedent.

Quae dubitationis causa tollendae inseruntur communem legem non laedunt. Those things which are introduced for the purpose of removing doubt do not offend the common law.

Quae dubitationis tollendae causa contractibus inseruntur, jus commune non laedunt. Those matters which are inserted in contracts for the purpose of removing doubt do not offend the common law. Quae est eadem. Which is the same

matter.

QUAE

Quae fieri non debent, facta valent. Those things which ought not to be done, when done, may be valid. Quae in curia acta sunt rite agi praesumuntur. Those things which are done in court are presumed to be done rightly.

Quae in curia regis acta sunt rite agi praesumuntur. Those things which are done in the king's court are presumed to be rightly done.

Quae in partes dividi nequeunt solida а singulis praestantur. Those things which cannot be divided into parts are performed by each one as a whole. Quae in testamento ita sunt scripta ut intelligi non possint, perinde sunt ac si scripta non essent. Things which are so written in a will that they cannot be understood are just as if they had not been written.

Quae incontinenti vel certo fiunt inesse videntur. Those things

which are done forthwith and also certainly are deemed to be included.

Quae inter alios acta sunt nemini

nocere debent, sed prodesse possunt. Things which are done between others are bound to injure no one, but can benefit him. Quae legi communi derogant non sunt trahenda in exemplum. Those things which derogate from the common law are not to be drawn into precedent.

Quae legi communi derogant stricte interpretantur. Those things which derogate from the common law are strictly construed.

Quae mala sunt inchoata in principio vix bono perguntur exitu. Things which are bad in the beginning are rarely completed with good in the end.

QUAELIBET

Quae nihil frustra. Which (requires) nothing in vain.

Quae non fieri debent, facta valent. Things which ought to be done are valid when done.

Quae non valent singula juncta juvant. Things which are void severally may be valid jointly. Quae plura. A writ ordering an escheator to ascertain what more land the decedent held at his death.

Quae praeter consuetudinem. et morem majorem fiunt neque placent neque recta videntur. Those things which are done contrary to custom and the manner of our ancestors neither please nor seem right.

Quae propter necessitatem recepta sunt, non debent in argumentum trahi. Those things which are recognized by reason of necessity ought not to be drawn into precedent.

Quae rerum natura prohibentur nulla lege confirmata sunt. No things which are prohibited in the nature of things are confirmed by any law.

Quae singula non prosunt, juncta juvant. Things which are of no consequence severally may be valid jointly.

Quae sunt minoris culpae sunt ma

joris infamiae. The things which are less culpable may be more infamous.

Quaecunque intra rationem legis in

veniuntur intra legem ipsam esse judicantur. Whatever comes within the reason of the law is adjudged to be within the law itself.

Quaelibet concessio domini regis capi debet stricte contra dominum regem, quando potest intelligi duabus viis. Every grant of our

QUAELIBET

lord the king ought to be taken strictly against our lord the king, when it can be understood in two ways. Quaelibet concessio fortissime contra donatorem interpretanda est. Every grant is construed most strongly against the grantor. See 7 Met. (Mass.) 516. Quaelibet jurisdictio cancellos suos habet. Every jurisdiction has its own limits.

Quaelibet pardonatio debet capi secundum intentionem regis, et non ad deceptionem regis. Every pardon ought to be taken according to the intention of the king and not to the king's deception. Quaelibet poena corporalis, quamvis minima, major est qualibet poena pecuniaria. Every corporal punishment, even the least, is greater than any pecuniary punishment. Quaeras de dubiis legem bene discere si vis. You should inquire concerning doubtful matters if you wish to understand the law well. Quaere. Query; it is a question. Quaere de dubiis, quia per rationes pervenitur ad legitimam rationem. Inquire concerning matters of doubt, because through reasonings the legal reason is arrived at. Quaerens. A plaintiff.

Quaerens nihil capiat per billam. Let the plaintiff take nothing by his bill.

Quaerens non invenit plegium. The plaintiff has not found security. Quaerere dat sapere quae sunt legitima vere. Inquiry gives knowledge as to what things are truly lawful.

Quaeritur. It is doubted.

Quaesta. Indulgence, which see. Quaestio. (Roman Law) An inquest

or investigation by a commission

QUAM

into an alleged offense. (Mediaeval Law) Inquisition by torture. Quaestiones perpetuae. (Roman Law) Permanent commissions established to investigate crimes. See Quaesto.

Quaestor. A Roman magistrate. Quaestus. An estate acquired by purchase.

Quale jus. A writ ordering an investigation of a judgment in a clerk's favor to prevent evasion of the statutes of mortmain. Qualification. Fitness; capacity; installation into an office. See 71 U. S. 277, 18 L. Ed. 356. Qualified. Possessing fitness or capacity; installed into office. See 74 Md. 443, 28 Am. St. Rep. 261, 22 Atl. 8.

Qualified acceptance. A partial or conditional acceptance of a bill of exchange.

Qualified elector. One qualified to vote at an election. See 127 Cal. 86, 59 Pac. 312.

Qualified fee. Same as Base fee. See 11 Wend. (N. Y.) 259. Qualified indorsement. An indorsement of a negotiable instrument in some manner qualifying the liability of the indorser; e. g., Indorsement without recourse, which

see.

Qualified property. Property in which the owner's title is qualified, e. g., animals wild by nature. Qualified voter. Same as Qualified elector.

Qualitas quae inesse debet, facile praesumitur. A quality which ought to be included is easily presumed.

Quam longum debet esse rationabile tempus, non definitur in lege, sed pendet ex discretione justiciariorum. How long a reasonable time

« ΠροηγούμενηΣυνέχεια »