Page:Black's Law Dictionary (Second Edition).djvu/910

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PLACITUM

communia, (common cases or common pleas, a‘. (2., private civil actions.)

A line. mulct, or pecuniary punishment‘.

A pleading or pien. In this sense, the torn] was not conflned to the defendant's ansner to the declaration, but included all the pleadings in the cause, being numen gen.- erallssimum. 1 Sound. 388, n. 6.

In the old reports and abridgnients, “placimm." was the name of a paragraph or sub- division of a tltie or page where the point decided in a cause was set out separately. It is commonly abbreviated “pi."

In the civil law. An agreement of parties: that which is their pleasure to arrange between them.

an imperial ordinance or constitution: literally, the prince's pleasure. Inst. 1. 2. 6.

A judicial decision: the judgment, decree, or sentence of a court. Caivin.

Plncitnm nlind per-sonnle, nliud reale, nlinrl xnixtlun. CO. Litt. 2S4. Pleas [I'. e., actions] are personal, real, and mixed.

PLACITUM FRACTUM. A day past or iost to the defendant. 1 llcn. I. c. 59.

PLACITUM NOMINATUM. The day appointed for a criminal to appear and plead and make his defense. Cowell.

PLAGIARISM. The act of appropriat- lag the litei-.ii_\ composition of another. or parts or passages of his writings, or the ideas or language of the same, and passing them oi! as the product of one's own mind.

PLAGIARIST, or PLAGIARY. One who publishes the thoughts and writings of another as his own.

PLAGIARIUS. A man-stealer: a kidnapper. 4 Bl. Comm. 219.

Lot. In the civil law. Dis. 48. 15. 1:

PLAGIUM. Lat. In the civil law. Man-stealing; kidnapping. The offense or enticing away and stealing mcn. children, and slaves. Calrln. The persuading a slave to escape from his master, or the concealing or harboring him without the knowledge of his master. Dig. 48, 15, 6.

PLAGUE. Pestilence; a contagious and malignant fever.

PLAIDEUR. Fr. An ohsoiete term for nn attorney who pleaded the cause of his client: an advocate.

PLAIN STATEMENT is one that may be readily understootl, not merely by law- yers, bnt by all who are sufficiently acquainted with the language in which it is written. Mann v. Morewood, 5 Sandf. (N. I.) 557, 564.

902

PLAT

PLAINT. In English practice. A private memorial tendered in open court to the Judge, wherein the party injured sets forth his cause of action. A proceeding in interior courts by which an action is commenced without original writ 3 Bl. Comm. 373. This mode of proceeding is commonly adopted in cases of repievin. 3 Staph Comm. 666.

In the civil law. A complaint; a form of action. pnrticuiariy one for setting aside a testament aiieged to be invalid. Thisivoni is the English equivalent of the Latin “que- relu."

PLAINTIFF. A person who brings an action: the party who complains or sues in a personal action and is so named on the record. Gulf. etc.. R. Co. v. Scott (Tex. Cir. App.) 28 S. W. 458; Canaan v. Greenwood: Turnpike Co.. 1 Conn. 1.

—P1aintiif in error. The party who sue: out it writ of error to rt-‘view a jmlzincnt or other proceeding at law.-Use plnintiif. One for whose use (Irene-fit) an action is brougl.x II] the name of another. Thus, where the as~lrI|- ee of a chose in action is not allowed to sue in his own name, _ihe action would be entitled


“A. B the assignnr) for the use of C. D (the as gneel against E. F." a this case. C. D. is called the "use plnintilf."

PLAN. A map. Chart, or design; being a deiinention or projection on a plane surface of the ground lines of a house. farm, street, city, ctc., reduced in ahsolute length. but preserving their relative positions and proportion. Jcnney v. Des Moines, 103 Iowa, 347. 72 N. W. 550; Wetherlli v. Pennsyl- vania R. Co., 195 Pa. 156, 45 Atl. 658.

PLANT. The fixtures, tools, machinery, and apparatus which are necessary to carry on a trade or business. Wharton. Southern I’-eii Tsi. Co. v. D’Aleinberte. 3!) Fla. 25, 21 South. 570; Sioss-Sheifield Steel Co. v. Mobley, 139 Ala. 425, 36 South. 181; Max- well v. Wiimington Dentai Mfg. Co. (C. C.) 77 Fed. 941.

PLANTATION. In English law. A colony; an original settlement in a new country. See 1 Bl. Comm. 107.

In American law. A farm; a large col- tivated estate. Used chiefly in the southern states.

In North Carolina, “plantation" signifies the land a man owns which he is cultivating more or less in annual crops. Strictly, it designate: the piace planted; but in wills it is generally used to denote more than the inclosed and cultivated fields, and to take in the necessary woodland, and. indeed, commonly all the land forming the parcel or parcels under culture at one farm, or even what is worked by one set

of hands. Stowe v. Davis, 32 l\'. C. 431

PLAT, or PLOT. A map, or i'eprcsent.ation on paper, of a piece of land subdivided into lots, with streets, alleys, etc. usually

drawn to 8 scale. McDaniel v. Mace, 47