Page:Black's Law Dictionary (Second Edition).djvu/933

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


PRÆDIAL SERVITUDE

among imniovnhles, and were called “prizdiu rfiubtia." or “volatile estates." 2 Bl. Comm. 3.

PRÆDIAL SERVITUDE. A right which is imiiited for the advantage of one piece of land over imothi-r, and which may be exer- l.'iSc(l by every possessor of the land entitled smiusr e\cry possessor of the servient land. it always presupposes two pieces of land (pmzliu) belonging to diiferent propi'ielois- our burdened with the servitude, caiied "inma- iflim .rcr1:ims," and one for the udiantage of ivhich the servitude is cou1'e'ii-ed. coiled "jlflttlllflll i1umluan..9.” iilackeid Ron]. Law, I 314.

PRÆDIAL TITHES. Such as arise nioiely and in.unedi.iteiy from the ground; as guilu of all sorts. hops. hay, wood, fluit. hulls. 2 Bl. Comm. 23; 2 Steph. Comm.

PRÆDICTUS. Lat. Afurusniil. I:l0b.8.

II.’ the three nerds, “idem," "guru-iIi'r-ms," and "painting," "idem" was most usually applied to plaintiffs or demandnnts: "i7TI1’1YiLlu-9.” 10 de- ieudants or tenants, pluies, towns, or innrls; and "prO.’[l1lila," to persons named, not being or on or parties. Townsh. . 15. These -4 may all be rendered in English by “said" Eoresaid."

or

PRÆDIUM. Lat. In the civil law. Land; an estate; a tenement: a piece of inudcd property. See Dig. E0, 16, 115.

-1’:-sodium dozninnns. In the civil law. The name given to an estate to which a servitude is due: the dominant tenement. Morgan v. Mason, 20 Ohio, 409, 55 Am. Dec. 4G4.— I_‘x-azdium 1-usticum. in Roman law. A rustic or rural estate. Erimzrily, this term d1.- notad an estate lying in the country, i. e., beyond the limits of the city but it was applied to any landed estate or heritage other than whether in or out of the town. ’1hus, it included gardens, orchards, pastures, meadows, etc. l\Iackeld. Rom. Law, 316. A rural or country estate; an estate or piece of land principally destined or devoted to agriculture: an empty or vacant space of ground without l7uiidings.—P1-sediuni servieiis. In the civil law. The name of an estate which siifii-rs a servitude or easement to another estate: the servicnt tenement. Morgan v. Mason, K) Ohio. 409, 55 Am. Dec. 464. —P aadium urbanlun. In, the civil law. A biiiiding or edifice intended for the baiiitation and use of man, whether hiiilt in cities or in the country. Coiq. Rom. Civil Law, § 937.

ii dwelling-house,


Piriellilllll sex-wit p-i-sedio. Land is under servitude to land. [i'. e._. servitndcs are not personal rights, but attach to the dominant tenement] Tray. Lat. Max. 455.

PR1!-EDD. Lat. In Roman law. A rob- her. See Dig. 50. 17, 126. PREFATUS. Lat. Aforesaid. Some-

times abbreviated to “pro-:fut," and “p. fut."

PRÆFECTURIE. In Roman law. Con- quercd towns. governed by an officer called a “pretect," who was chosen in some Instances

925

PRÆMUNIRE

by the penuie. in others by the praetors. Butl. Ilor. Jur. 29.

PRÆFECTUS URBI. Lat. In Roman iaw. The name of on ofiiter who. from the time of Augustus, had the su1ier1i;iiendence of the city and its police, with jurisdiction extending one hundred miles from the city, and power to decide hoth CH“ and ciiniinai cases. As he was considered the direct rep- resentative el‘ the enipei-or, much that pre- viously heloiiged to the pza-tor u.rIum-us teii gradually into his hands. Coiq. Rom. Civil Law, § 2.395. _

PRÆFECTUS VIGILUM. Lat. In Ro- man law. The chiei‘ officer of the night \\tl.t(‘li. Ilis jurisdiction extended to certain oilenses alfecting the public pence, untl even to iarcenle but iie could iuiiict only slight punishments. Coiq. Itoin. Civil Law, § 2395.

PRÆFECTUS VILLIE. COWIJ.

The mayor of ii

PRJEFDVE. The fee paid on suing out the Vi rit of covenant, on ievying fines. before the fine was passed 2 Bl. Comm. 3:20.

PRZEJURAMENTUM. law. A pi'ep:ii-atury oath.

In old English

PRÆLEGATUM. Lat. In Roman law. A payment in advance of the whole or part of the share which a given heir would be entitled to receive out of an inheritance; corresponding generally to “-advancement" in English and American law. See Mackeid. Rom. Law. 5 762.

PRÆMIUM. Lat. Reward: compensation. I‘rw'mimn ussccurutianis. compensation

for insumnce; premium of insurance. Loot‘. de Jur. Mar. lib. 2, c. 5, § 6. —P1-reniinm emaneipationis. In Roman

law. A reward or compensation anciently allowed to a father on emuncipiiting his child, consisting of one-third of t child's separate and individuai property, not deriveii from the father hiniseif. See iinciield. Rom. Law. E G()5.—Pz'aamiu.ui puclicltire. The price 0 chastity; or compensation for loss of chastity. A term applied to bonds and other engagements

ivcu for the benefit of a setlu d female.

nrnetimes caiied “prmmimi pmion'..y." 2 Wiis. 339. 340.

PRÆMUNIRE. In English law. The name of an oi1'ense against the king and his government, though not subject to capital punishment. So coiled from the words of the writ which issued preparatory to the prosecution: “Pr¢rnimiiI'e f(1(‘lLl.K' A. B. quad Mt co:-am news." etc.; "Cause A. B. to be forewarned that he appear 1\ei'01'e us to onswer the contempt with which he stands charged." The statutes estaiiiishing this offense, the iirst of which was made in the thirty-first year of the reign of Edward I.,

were framed to encounter the papal usurpations in England; the originni nieanuig of