Page:Black's Law Dictionary (Second Edition).djvu/915

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


PLOW-LAND

PLOW-LAND. A quantity of land “not of any certain content, but as much as E plow can, by course of husbandry, plow in a year." Co. Lltt. U911.

PLOW-MONDAY. twelfth-day.

The Monday after

PLOW-SILVER. Money formerly paid by some tenants, in lieu of service to plow Llie lord's lands.

PLUMBATURA. Lat. In the civil law. Soldering. Dig. 6. 1. 23, 5.

PLUMBUM. Lat. In the civil law. Lead. Dig. 50, 16, 2-12,, 2

PLUITDEIL, 1;. The most common meaning of the Leiin "to plunder" is to take prop- erty from persons or pluces by open force, i1.ud this may be in couise of a l.i\vi'ul war, or by unlawful hostility, as in the case of pi- rates or bundittl. But in another and very common nieanuig, though in some degree lig- LlI'fltl\e, it is used to express the idea of taking property from a person or place, without just right, but not expressing the nature or quniity of the wrong done. Garter v. And.re\\s. 16 Pick. (1\.[.ass.) 9; U. S. v. Stone (0. G. 8 Fed. 2&6; U. S. v. Pitiuan, 27 Fed. Cas. 640.

PLUITDER, in. Personal property belonglng to an enemy, captured and appropri.il.e-(1 on land; booty. Also the act of seizing such propeity. See Boon; Pnizn.

PLUNDERAGE. In maritime law. The emlieuieinent of goods on board of a ship is so called.

PLIIRAL. Containing more than one; consisting of or designating two or more. Webster.

—PlIu'n1 marriage. See Msizizusn.

Plui-alii nuniex-nu est duobnn contenhis. 1 Rollo, 476. The plural number is s-itisfied by two.

PLURALIST. One that holds more than one ecclesiastical bencfice, with cure of souls.

PLURALITER. 12:8. arg.

In the plural. 10 East,

PLURALITY. In the law of elections. The excess of the votes cast for one concil- datc o\er those cast for any other. Where there are only two candidates, he who receives the greater number of the votes cast is said to have :1 nmjnrity: when there are more than two competitors for the same office, the person who receives the greatest numlier of votes has a plurality, but he has not a majority unless he receives a greater

907

PLUS VALET CONSUETUDO

number of votes than those cast for all his competitors combined.

in ecclesiastical law, “plurality" means the holding two, three, or more benefices by the same incumbent; and he is called a “plurallst." 1'lui-alities ure now abolished, except in certain cases. 2 Steph. Comm. 691, (192.

Pliu-es coluzredes Hint quasi in-nun cm-pus pi-opter unitatem jun-is quod ha.- bent. Co. Litt. 163. Several co-heirs are, as it were, one body, by l‘(."..lB0l.‘i of the unity of right which they possess.

Plni-es pin-ticipes snnt quasi unuin enrpus, in on quad nnnm jru habent. Ca. Litt. lb}. Sei erai parceners are as one body, in that they have one right.

PLURIES. Lat. Often; frequently. When an original and alias writ have been issued and proved ineffectual, a third writ, called a “pluiies writ," may frequently be issued. It is to the same effect as the two former, except that it contains the words, “as we have often commanded you." ("stout plurics prr1.'cepinma,") after the usual com-

mencement, "We command you." 3 Bl. Comm. 283; Archb. P1‘. 585. PLURIS PETITIO.}} Lat. In Scotch

practice. A demand of more than is due. Bell.

Plus exempln qniun pecoatn nocent. Examples hurt more than crimes.

Plus peecnt author qniun actor. The originator or iustigutor of a ciime is a worse offender than the actual perpetiutor of it. 5 Coke, 990,. Applied to the crime of subornation of perjury. Id.

PLUS PETITIO.}} In Roman law. A phrase denoting the offense of claiming more than was j ast in one's pleadings. This more might be claimed in four different respects, vi’/.: (1) Re, i. e., in amount, (e. 9., till for £5 ;) (2) loco, 4. e.. in place, (e. 9., delivery at some place more dliiicult to effect than the place specified ;) (3) tcmpore, 4. 2.. in time, (c. 9., claiming payment on the 1st of Au- gust of what is not due till the 1st of Septembei':) and (4) comm, i. e., in quality, (c. 9., claiming a dozen of champagne, when the conti.\ct was only for a dozen of wine generally.) Prior to Justinlan’s time, this offense was in general fatal to the action; but, under the legislation of the emperors Zeno and Justin- ian, the offense (if re, loco, or causa) exposed the party to the payment of three times the dam-a,':e, if any, sustained by the other side, and (if tcmpore) obliged him to postpone his action for double the time, and to pay the costs of his first action before commencing a second. Brown.

Plus valet consnetndo quain cuncelsio.

Custom is more powerful than grant.