Page:Black's Law Dictionary (Second Edition).djvu/928

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POSTHUMOUS CHILD

eration. 3 Bush

(l.xy.) 527.

Brecliinridge v. Denny,

POSTHUMOUS CHILD. One born after the death of its father: or, when the Caesa- ie.in operation is performed, after that of Lhe mother.

Pnstlmmin px-n unto habetur. A post- humous child is consiiiered us though born, [at the parent's death] Liaii v. izluncock, 15 l:'lLli. (M.-iss.) 258, 26 Am. Dec. 598.

POSTLIMLNIUM. Lnt. In the civil law. A doctrine or flction of the law by which the restoration of a person to any status or right formerly possessed by him was consi ‘ed as relating back to the time of his original loss or ileprlvarlon; particu- Iiirly in the case of one who, having been taken prisoner in war, and having escaped and returned to Rome, was regarded, by the aid of this tiction, as having never been abroad, and was thereby reinstated in all his rights. Inst. 1, 12, 5.

The term is also applied, in international law, to the recapture of property taken by an enemy, and its consequent restoration to its original owner.

Postlimininm flrigit eum qui eaptus est in civitnta lemper flnissa. Pustljminy feigns that he who has been capinred has never left the state Inst. 1, 12, 5; Dig. 49. 51.

POSTLIMINY. See POSTLIMINFDM.

POSTMAN. A senior barrister in the court of exihequer, who has precedence in motions; so called from the place where he sits. 2 81. Comm. 28 A letter-carrier.

POSTMASTI-JR. An oiiicer of the United States, appointed to take charge of a local post-otlice and transact the business of receiving and forwarding the nz.iiis at that point, and such other business us is commit‘- ted to him under the postal laws.

The head of the He is one of the presi-

—-Pnstumster general. [JOSE-Oflitk‘ dirpartnient. dent's cabinet.

POSTNATI. Posr Narus.

Those born after. See

POSTPONE. To put oii; defer; delay; continue; adjourn; as when a hearing is postponed. Also to place after; to set be- low something else; as when an earlier lien is for some reason postponed to a inter lien.

Tba word "postponement,” in speaking of legal proceedings. is nearly equivalent to “continiianee;" except that the former word is generally preferred when describing an adjournment of the cause to another day during the same term, and the latter when the case goes over to another term. See Stale v. Underwood, 76 M0. (B9; State v. Nathaniel, 52 La. Ann. 533. 213 South. 100&

920

POTEN TIAL


POSTREMO-GENITURE. English, (q. 1;.)

Borough-

POSTULATIO. Lat. In Roman law. A it-quest or petition. This was the name of the iii-st step in a Cl'i.i.|]Llli.il pruwsulil. corresponding somewhat to ‘swearing out ii warrant’ 1]] modern crimlii: law. 'ibe necuser appeared before the praetur, and 5 his desire to institute criminal pruv. against a desigiiaterl peison, and piaycil the authority of the mzigistiate therefor.

In old English ecclesiastical law. A species of petition for tiunsfer of a bishop. —Postulntio notionis. In Roman law. The demand or an action: the request made to the prieior by an actor or pianitiii for an action or ioimnia of suit; corresponding; with tlit application for_ a Vvllt in old Eligllsli practice. Or, as otherwise explained, the utior‘a asking of leave to_ institute his action, on appeninnc: of the nnrties beiuie the or-u.-tor. Haihiiix, Civil Law, h. 3, c. 9. nm. lit.

POT-DE-VIN. In French law. A sum of money frequently paid, at the moment of entering into a contract, beyond the price agreed upon. It diners from arrlio, in Lhis: that it is no part of the price of the thing sold, and that we person who has receiii-.41 it cannot, by returning double the amount. or the other party by losing what he has paid. rescmd the contract. 13 Toullier, no. 52.

P0'I‘EN'I‘A'1‘E. A person who possesses great power or sway; a prince, sovereign, or monarch.

By the naturalization law of the United States, an alien is required to renounce all sllegiance to any foreign "prince, potentzite, or sovereign whatever."

P0'1‘l-:N'I‘I.A. Lat. Possibility; power.

—Potentia. pz-orpinqua. Common possibility. Sue l—'ossiniLirr.

Potentia debut sequi jintitiam, non nritecerlere. 3 Buist 1119. Power ought to follow justice, not go before it. |

Potentis est duplex, remotn at prunin- qun; et potentia remntissimn et vans elf quaa nunqnnzn venit in actnm. a Coke. 51. Possibility is of two kinds, remote and near; that which never comes into scilon la a power the most remote and vain.

Pntentin inntilis ‘£1-intra est. Useless power is to no pnrpose. Branch, Princ

POTENTIAL. Existing in possibility but not in set; naturally and probably expected to come into existence at some future time. thongh not now existing; for example the fnture product of grain or trees xiii-endy planted, or the successive future instalments or payments on a contract or engagement al- ready made. Things having a "potential ex-

istence" may be the subject of niurtgage, ss-