Page:Black's Law Dictionary (Second Edition).djvu/921

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POOL

prices on the stock market, or simply with a view to the successful conduct of an enterprise too great for the capital of any member lndiviiliiiilly, and on an agreement for the diiision of profits or losses among the members, either equally or pro rata. Also, a similar combination not emhiacing the idea of a pooled or contributed capital, but simply ihe elimination of destructive competition hetueen the members by an agreement to share or diiide Llie profits of a given business or venture, as, for example, a contract between t\\o or more competing railroads to abstain tram "rate wars" and’ (usually) to maintain fixed rates, and to divide their earnings from the transportation of freight lri fixed proportions. See Green v. Higham. 161 M0. 333, 61 S. W. 798; Mollyneanx v. Wittenberg. 39 Sell. 547. 58 N. W. 205: Kilhonrn v. Thomp- son, 103 U. S. 195, 26 L. Ed. 371; American Biscuit Co. v. Klotz (C. C.) 44 Fed. 725; U. S. v. Trans-Missouri Freight Ass‘n, 58 Fed. 66. 7 G. C. A. 15, 24 L. R. A. 73.

2. In various methods of gambling, a "pool" is a sum of money made up of the stakes contributed by various persons, the whole of which is then wagered as a stake on the event of a race, game, or other contest, and the winnings (if any) are divided among the contributors to the pool pro rata. Or it is :1 sum similarly made up by the contributions of several persons, each of whom then makes his guess or prediction as to the event of a future contest or hazard, the successful better hiking: the entire puul. See Ex parte Powell, 43 Tex. Cr. R. 391. 66 S. \\‘. 298; Com. v. Ferry. 146 Mass. 203. 15 N. E. 484; James v. State, 63 llld. 248: Lacey v. Palmer, 93 Va. 159, 24 S. E. 930, 31 L. R. A. 822. 57 Am. St. Rep. 795; People v. Me Cue, 87 App. Div. 72, 83 N. Y. Supp. 1038.

8. A body of standing water, without a current or issue, accumulated in a natural basin or depression in the earth, and not arti- ficially formed.

POOLING CONTRACTS. Agreements between competing railways for a division of the trafiic, or for a pro mza distribution of their earnings united into a “pool" or common fund. 15 Fed. 667, note. See PooL.

POOR. As used in law, this term denotes those who are so destitute of property or of the means of support. either from their own labor or the care of relatives, as to be a pub- lic charge. that is, dependent either on the charity of the general public or on mainte- nance at the expense of the public. The term is synonymous with “indigent persons" and "panpers." See State v. Osawkee 'I]).. 14 lxan. 421. 19 Am. Rep. 99: In re Elotteifs Estate, 70 Wis. 522. 36 N. W. 407 : Eieuser v. llarris, 42 Ill. 430: June-in County v. Wood County. ‘.09 Wis. 330. 85 N. W. 381; Sayres v. Springfield. 8 N. J. Law, 169.

—Poor- debtor’: oath. An oath allowed. in some jurisdictions. to a person who is arrested Bl.Law Dict.(2d Ed.)—58

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PORCION

for debt. On swearing that he has not roperty enough to pity the debt, he is set at iherty.— Poor law. That part of the law which relates to the public or compulsory relief of pziupers. —Poor-law board. The English official body appointed under St. 10 8: 11 V ict. c. 109, passed in 1847, to take the place of the poor-law commissioners. under “hose control the general management of the poor, and Llie funds for their relief throughout the country, had been for some years preiiously administered. '1he pooriaw board is uovi superseded by the local government board, which was established in 1811 by St. 3-} 8; $5 Vict. c 70. 3 St-épli. Comm. 49. —Pom--law guardians. Sec GIARDIANS or 'rn_s l'O0lK.—Pnox‘ rate. In English law. A tax levied by parochial nnthonues for the relief of the poor.

POPE. The bishop of Rome, and supreme head of the Roman Catholic Church. 4 Steph. Comm. (7th Ed.) 168-185.

POPE NICHOLAS’ TAXATION. The first fruits (plimiliw or a-mmtcs) were the first year's profits of all the spii itual preferments in the kingdom, according to a rate made by Walter, bishop of Norwich, in the time of Pope lniiocent II., and afterwards advanced in value in the time of Pope l\'ieholas IV. This last valuation was begun A. D. 1288, and finished 1292, and is still preserved in the exchequer. The taxes were regulated by it till the survey made in the twenty-sixth year of Henry VIII. 2 Steph. Comm. 567.

POP]-JRY. The religion of the Roman Catholic Church. comprehending doctrines and practices.

POPULACE, or POPULACY. The vul- gar; the multitude.

POPULAR ACTION. An action for a statutory penalty or forfeiture. given to any such person or persons as will sue for it; an action given to the people in general. 3 81. Comm. 160.

POPULAR SENSE. In reference to the construction of a statute, this term means that sense which people coni ersant with the subject-matter “'ltII which the statute is dealing would attribute to it I Exch. Div. 248.

POPULISCITUM. Lat. In Roman law. A law enacted by the people: a law passed by an assembly of the Roman people, in the cnrnilla cant-mrin-Ia, on the motion of a senator; dllirering from a plebiscitum. in that the latter was always proposed by one of the trihunes.

POPULUS. Lat. In Roman law. The people; the whole body of Roman citizens, including as well the piitricians as the ple- heians.

PORCION. portion; a lot or parcel;

In Spanish law. A part or

an allotment of