Page:Black's Law Dictionary (Second Edition).djvu/922

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PORRECTING

land. See Downing v. Dlaz, 80 Tex. 436, 16 S. W. 49.

PORRECTING -Producing for examination or taxation, as porrecting a bill of costs, by a proctor.

PORT. A place for the lading and un- lading of the c.ii-goes of vessels, and the coliection of duties or customs upon imports and exports. A place, either on the sea- coast or on a river, where ships stop for the purpose of loading and unloading, from whence they depart, and where they finish their voyages. The Wharf Case, 3 Bland ()id.) 361: Peckwood v. Walden, 1 Mart. N. S. (L.‘l.) S8: Deiato v. Barrels of Plumbngu (D. C.) 20 Fed. 515; Petrel Guano Co. v. Jui'iiel.te (C. C.) 45 Fed. 675; De Longuemere r. Insurance Co., 10 Johns. (N. Y.) 125.

In French maritime law. Burden, (of

a vessel ;) size and capacity.

—I‘n1-eign port. A foreign port is properly one exclusiieiy within, the Jurisdiction of a foreign nation. hence one without the United States. King v. Parks, 19 Johns. (N. Y.) 375; B Ivy 1?. New York :8: P. R. S. S. CU. (D. C.)

‘ed. '74. But the term is also applied to a port in any state other than the state where the vr-sscl hrlou,-zs or her owner resides. The Cannfln (D. C.) 7 Fed. 1%; The Lulu, 10 Wull. 200. 19 L. Ed. 906: Negus v. Simpson, 99 Mass. 39 .—I-Iome port. The port at which :1 vessel is registered or enrolled or where the owner resirlt-s.—Pnrt charges, dues, or tnlln. Pecuniary exactions upon \'cssc-ls availing them- seives of the common ial conveniences and privileges of a port.—Port-grave. The chief mag- istiate of a sea-port town is sometimes so call- erl.—Port of delivery. In ninritiine law. '1'lie port “inch is to be the terminus of niiy p.uti(~uiar voyage, and where the vessel is to unlade or deliver her cargo, as distinguished from any port at which she may touch, during the voyage, for other purposes. The Two Cath- nrincs, ‘24 Fed. Cas. 42‘J.—PorI: of destination. In maritime law and marine insurance, the term includes hotli ports which constitute the termini of the voyage, the bome-port and the fol'vi,=.'n port to whirii the vessel is consignrd, as w us any usual stopping places for the receipt or discharge of caiizo. Guoltin \-. New England hint M-irino Ins. Co., 12 Gray (Mass) Eilll. T4 Am. Doc. ti09_—Port of discharge, in a policy of marine ii.isur:ince, means the place wlu-rc the substantial part of the cargo is disclinrgerl, although there is an intent to complet_e the discharge at another hnsin. Bramhnli v. Sun, liiut. ins. 00.. 104 Mass. 510. G Am. Rep 2li1.—Port of entry. One of the ports designated by law. at which in custom-house or revenue ofice is established for the execution of the laws imposing duties on vessels and importzitions of goods. Cross v. Ilnrrison, 16 How. 164. 14 L. Ed. 8S9.—Port—x-eeve, or part- wardcn. An officer maintained in some ports to oversee the administration of the local rogu- lotions; a sort of harbor-masi.er.—Port-risk. In marine insurance. A risk upon a vessel while lying: in port, and hetore she bns taken her departure upon another vov ge. Nelson v.

Sun Mut. ins. Co., 71 N. Y. 4.)!)

PORTATICA. In English law. The generic iiziiiie for port duties charged to ships. Elaig. Law Tract, 64.

PORTEOUS. In old Scotch practice. A roll or catalogue containing the names of in-

914

PORTMOTE

dicted persons, delivered by the justice-clerk to the coroner, to be attached and ariested

by‘ him. Otherwise called the “Por'r.eous Roll." Bell. PORTER. 1. In old English law, thin

title was given to an officer of the courts who carried a rod or staff before the justices. 2. A person who keeps a gate or door; on the door-keeper of the houses of parliament. 3. One who carries or conveys parcels. luggage, etc., particularly from one place to an- other in the same town.

PORTERAGE. A kind of duty formerly paid at the English custom-house to those who attended the water-side, and helniiged to the package-oflfice; but it is now abolished. Also the charge made for sending parcels.

PORTIO LEGITIMA. Lot. In the civil law. The birthriglit portion; that portion of an inheritance to which a given heir ll entitled, and of which he cannot be deprived by the will of the decedent, without special cause, by virtue merely of his relationship to the testator.

PORTION. The share falling to a child from a parent's estate or the estate of any one iiezu-ing a similar relation. State v. Crossley, (‘)9 Ind. 209: Lewis's Appeal, I08 Pa 136: In re Miller's Will, 2 Lea (Tenn.) 51.

Portion is especially applied to payments made to younger children out of the funds comprised in their parents‘ marriage settlement, and in puisuance of the trusts there- of Moziey & Whitley.

PORTION DISPONIBLE. Fr. In French law. That part of a man's esiiite which he may bequeath to other persons than his natural heirs. A parent leming oiie le- gitimate child may dispuse of one-half only of his pr0pe!‘t,v; one lenving two, one-tiiird only; and one leaving three or more, onetourth only; and it matters not whether the disposition is inter vivos or by will.

PORTIONER. In old English law. A mln.ister who serves a heneflce, togelher with otheis: so called because he has only :1 portion of the tithes or profits of the living‘. also an :lllUWflfiCe which a vicar commonly has out of a rectory or iinproprlation. Oouell.

In Scotch law. The proprietor of a small ten or portion of land. Bell.

PORTIONIST. One who receives a portion; the allottee of a portion. One of two or more incumbents of the same ecclesiastical beneflce.

PORTMEN. The burgesses of Ipswich and of the Cinque Ports were so called.

PORTIVIOTE. In Old English law. A

court held in ports or haven towns, and