Page:Black's Law Dictionary (Second Edition).djvu/929

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POTEST QUIS RENUNCIARE 9

ulgnment, or sale. See Campbell v. Grant Uo., .56 Tex. Civ. App. 641, 82 S. W. 196; Dickey v. “'.'.ildo, 97 Mich 255. 56 N. W. 608, 33 L. R. A. 449; Cole v. Kerr, 19 Nob. 553, ‘:6 N. W. 503; Long v. Ilines. 40 Kan. 220, 19 Pac. 796, 10 Am. St. Rep. 192.

Potent qnis 1-enlmciare pro so at uni: Juri quad pro as intrudnctum est. Braflt. 20. One may reiliiqiiish for himself and his heirs a right which was introduced for his own benefit.

POTESTAS. Lat. In the civil law. P0WPl; aiiihority; domination;emplre. Im- 1I(‘l'illm, or t.l.ie juiisiiiition of magistrates. The power or the father over his children, piitria poteirzizs. The authority of masters over their slaves. Sue Inst. 1, 9, 12; Dig. 2, 1,13,1; Id., 14, 1;Ii1. 14,4, 1, 4.

Patents: stricte interpretatur. A pow- er is strictly interpreted. Jenk. Cent. p. 17, ciise 29, in marg.

Potestns snpremn selpsum dissnlvere potent, ligiu-s non potest. Supreme power can dissolve lunlousej but cannot bind itself. Br.inch, l-'i'inc.; Bacon.

Patior est conditio defenrlentis. Better is the condition of the defendant, [than that of Ll.ie pluiiitilil Broom, Max. 140; Coup. 3-13; Wili.i.iiiis v. lngell, 21 Pick. (Mass.) 239; White \'. I"riu.ihlln Bank, 22 Pick. (i\ii.iss.) 186, 1S7: Crimson v. Guss, 101 Mass. 4-10, 9 Am. lien. 45.

POTWALLOPER. A term formerly applied to voters in certain horoughs of England. ‘Where all who hoil (-wallop) a pot were entitled to vote. Webster.

POULTRY COUNTER. The name of a prison formerly existing in London. See COUNTER.

POUND. 1. A place, inciosed by public ““tb01'“5.Y, for the temporary detention of stray animals. Harriiuan v. Fifieid, 36 Vt. 343; Wooiey v. Groton, 2 Cnsh. (Mass) 308.

A pound—oi}ert is said to be one ih-at is open overhead: 3 pound-covert is one that is close, olrgcovercd over, such as a stable or other huili.i- i .

2. A measure of weight. The pound avoirdupois contains 7,000 grains; the pound troy 5.760 grains.

in Piew Yolk, the unit or standard of weight, from which_all other “sights shall be derived and asceitainerl. is declared _to be the pound, of such magnitude that the weight of a cubic foot of ilistilled water, at its maximum density, weighed in a vacuum with brass weights. shall

be eqiinl to sixty-two and a half such pounds. 1 Rev. St. N. Y. 1). 617. § 8.

3. “Pound” is also the name of a denomi- nation of English inoiiey. (‘oiitaining twenty shillings. It was also used in the United

] POURPRESTURE

States, in computing money, before the intro- duction of the federal coinage.

—I-‘ou.nd In-each. The act or offense of breaking a pound, for the purpose of taking: out the c.ittis or goods imiiounilcd. Bl. Comm. 12.- 146: State v. Young, 18 N. H. 544.—Punnd.- keeper. An officer charged with the caie of a puund, and of animals confined there.—Puu.nd.

of land. An uuccrtiiin quantity of land, said to be about ilfty-two acres.

POUNDAGE. In practice. An allow- ance to the sheriff of so much in the ponnd upon the amount levied under an execution. Bowe v. Campbell, 2 Civ. Proc. R. (N. Y.) 23-}.

The money which an miner of animals impounded must pay to obtain their release.

In old. English law. A subsidy to the value of twelve pence in the poinid, granted to the king, of all manner of merchandise of every merchant, as Well denizen as alien, either exported or imported. Uouell.

POUR ACQUIT. Fr. In French law. The formula which a cieditor prefixes to his signature when he gives a receipt.

POUR COMPTE DE QUI LI. APPARE- IENT. Fr. For account of whom it may COULEII1.

POUR FAIRE PROCLAIMER. L. F1‘. An ancient writ addressed to the mayor or iiailitt of a city or town, requiring him to make proclamation concerning nuisances, etc. Fitzh. Nat. Brev. 176.

POUR SEISIR TERRES. L. Fl‘. An ancient writ whereby the crown seized the land which the wire of its deceased tenant, '|\i.iD hold in cupiie, had for her dower, it‘ she iu.irried Without leave It was grounded on the statute De Prizarogatitii Heyis, 7, (11 Edw. ll. St. 1, c. 4.) It is abolished by 12 Cur. II. c. 2-l.

POURPARLER. Fr. In French law The pieiimin:ir_v negotiations or biirgainings which lead to a contiact between the parties. As in English law, these form no part of the contract uiien completed. The term is also used in this sense in international law and the practice of d.ipiom.icy.

POURPARTY. To make powrparty is to divide and sever the lands that fail to par- ceneis, which, before partition, they held jointly and pro imli-visa. Coiveil.

POURPRESTURE. An inclosure. Any- thing done to the nuisance or hurt at the public demesnes, or the highways, etc., by inclosure or iliiildiiig. endeiivoring to make that private which ought to be public. The difference between a priiiiprcstiwe and a pub- lic nuisance is that pourzii-estizm is an in- vasion of the f1l.V priiratum of the crown; hnt

where the ins publ-iuum is violated it in a