Page:Black's Law Dictionary (Second Edition).djvu/905

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PESSONA

PESSONA. Mast of oaks, etc., or money taken for mast, or feeding hogs. Cowell.

PESSUBABLE WAIRES. Merchandise which takes up a good deai of room in a ship. Cowell.

PETENS. Lat. In old English law. A demnndiint; the plaintitf in a reai action. Bract. fois. 102. 10611.

PETER-PENCE. An ancient levy or tax of a penny on each house throughout England, paid to the pope. It was called “Peterpence." because coliected on the day of St Peter. ad riiiciila; by the Saxons it was cailed "Rome-feoh," “Rome-scot," and “Romepennying," hecause coliected and sent to ilonie; and, iastly, it was called “hearth money." because every dwelling-house was liable to it, and every religious house, the abbey of St. Aibnns alone excepted. Wharton.

PETIT. Fr. Small; minor; inconsider-

iibie, Used in sererai compounds, and some times written "petty." —Petit cape. A judicial writ, issued in the old a-nous for the recovery of land. requiring the sheriff to take possession of the estate, where the tenant, after havin_ appeared in answer to the summons, made efauit in a subsequent stage of the proceedings.

As to petit “Jury," “Larceny," “Sei-gennty," and ‘"_I‘reason," see those tities.

PETITE ASSIZE. Used in contradistino tion from the grand assize, which was a jury to decide on questions of property. Petite ussize, a jury to decide on questions of possession. Britt. c. 42; Gian. lib. 2, cc. 6, 7.

PETITIO. Lat. In the civil law. The plaintiffs statement of his cause of action in an action in rem. Calvin.

In old English law. Petition or demand; the count in a real action; the form of words in which a title to land was stated by the de iiinndant, and which commenced with the word “pcl‘o." 1 Reeve. Eng. Law. 176.

PETITIO PRINCIPII. In iogic. Begging the question, which is the taking of a thing for true or for granted, and dr:1\.\ ing conclusions from it as such, when It is really dubious. perhaps false, or at least wants to he proved, before any inferences ought to be drawn from It.

PETITION. A written address embodying an aiipliiation or prayer from the person or persons preferring it. to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the gm-nt of some favor, priviiege, or license.

In practice. An application made to a court em parte, or where there are no parties Bl.Law Dict.(2d Ed.)—57

897

PETITORY ACTION

in opposition, praying for the exercise of the judicial powers of the court in relation to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for ieave to sell trust property, etc.

The word ‘petition" is ggneraily used in ju- lllCllll pl'O(‘P(‘(ll].iL'S to descri an appiiratioii in writing. in coutradistinclion to a motion, wliiih may be viva vane. Bergen v. Jones, 4 liietc. (l\.lasE.) 871.

In the practice of some of the states, the word “petition" is adopted as the name of that initiatory pleading in an action which is elsewhere called a “dc('larat‘lon" or “coin- plaint" See Code Ga. ISSQ. § 3332.

In equity practice. An application in writing for an order of the court. stating the circumstances upon which it is founded; ii proceeding rcsoited to whenever the nature or the application to the court requires a full- er statement than can he conveniently made in a notice of motion. 1 Barb. Ch. Pr. 578. —Petitiun dc droit. L. Fr. In English practice. A petition of right; a form of proceeding to obtain restitution from the crown of either real or personal property, being of use where the crown is in possession of any hereditaments or chattels, and the petitioner s _-_v— gests such a right as colltrovcrts the title of the crown. grounded on facts disclosed in the petition itself 3 Bl. Comm. 2.» —Petitian in bankruptcy. A paper filed in a court of bank- ru|'vt(‘y_ or with the clerk, by a dvhior praying for the benefits of the bankruptcy act, or by creditors ulieging the commission of an act oi bankruptcy by their debtor and praying an ad- judication of bankruptcy against him.—Petition of right. In English law. A p1'oLPt:diu1z in chiinccry by which a subject may ro(‘n\'e1' prop- erty in the possession of the l(iI'iE. Sce PETI- TION us: Dao1T.—Petition of rights. A par- liamentary (ieL'liIl':]t.l0lJ of the liherlics of the people, assented to by King" Charles I. in 1029. It is to be distinguished from the bill of rights. (‘.lG.‘i0.) which has passed into a permanent constitutional statute. Brown.

PE'.I‘I'.I'I01‘l'ER. One who presents a pa tition to a court, officer, or legislatire body. In legal proceedings begun by petition, the person against whom action or relief is prayed, or who opposes the prayer of the pe tition, ls calied the “i-espoudent."

PE'I‘I'.I‘IONING CREDITOR. The (‘red- itor at whose instance an adiudicntion of bankruptcy is made against a bankrupt.

PETITORY ACTION. A droitiirn] action; that is. one in which the plaintilr seeks to establish and enforce, by an appropri- ate legal proceeding. his right of property, or his title. to the subject-matter In dispute: as distiiigiiislied from a pa.-cscssuru action. irliere the right to the possession Is the point in litigation, and not the mere right of properly. The term is chiefly used in admiralty. 1 Kent, Comm. 371: The Tilton. 5 Mason. 405. Fed. Cas. No. 14.054.

In Scotch law. Actions in which dam-

ages are sought.