Page:Black's Law Dictionary (Second Edition).djvu/934

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PRENOMEN

the offense called “pnzmum‘re" being the introduction at a foreign power into the king- dom, and creating lnipcriimi in impoiio, by paying that ohcdience to papni pl‘0(‘LSS which constitutionally belonged to the king alone. The penalties of prcrinuiiire we1'e afterwanls applied to other heinous oiIenses. 4 B1. Comm. 103-117; 4 Staph. Comm. 215-217.

PRIENOMEN. Lat Forename, or first name. The first of the three names by which the Romans were commonly distinguished. It rn.-irked the iiiiiiviiluai, and was comrnonly written with one letter; as “A.” for "Au-

his;" "C." for “Caius," etc. Adams, Rom. Ant. 35. PRZEPOSITUS. In old English law.

An oi'li(-er next in authority to the alderman of a hundred, called pitvzlnsilrus regius ;" or a steward or bailiff of an estate, answering to the “i¢:icizcrc."

Also the person from whom descents are traced under the aid canons.

-\ cburch-wove, or A

—P1-sepositu: ecelesise. \raI'den. Sp man.—Praaposll.us villas. constable of a town, or petty constable.

P1-aapropern consilin. taro sunt pros-

per-iz. 4 Inst 57. iiasty counsels are rarely prosperous. PRIESCRIPTIO.}} Lat. In the Civil law.

That mode of acquisition nherehv one be comes proprietor of a thing on the ground that he has for a long time - it as his own; prescription. Dig. 4], 3. it was anciently rlistin from "usuwpio.” (11. v.,) but was blended with it by Justinian.

P:-sescrlptio est titulua ex uim et tempore snhstan capiens ab a.uctox-itats legis. Co. Litt 113. Prescription is a title by authority of law, deriving its force from use and time.

P:-zesotiptin et execlltlo non pertinent ad valorem contracting. seii mi tempus el: modnm actionis institnendm. Prescription zmd execution do not affect the va- ' it)’ of the contract, but the time and manner of liringing an action. Pc.u'sall V. Dn'1.<..'|1t. 2 Mass. 84. 3 Am. Dec. 35; Decouche v. Savetier. 3 Johns. Ch. (N. Y.) 190, 219, 8 Am. Dec. 478.

PRIESCRIPTIONES. Lat. In Roman law. Foinis of words (of a qualifying char- acter) inserted in the formula’ in which the clai.ms in actions were expressed; and, as they occupied an early place in the foriiiulcz, they were called by this name, i. e., qualifications preceding the ciaiin. For example, in an action to recover the arrears of an annuity, the claim was preceded by the Wo1'(ls “so far as the annuity is due and unpaid." or words to the like effect, ("cujus rei dies fult.") Brown.

9.

9

6 PRESUMPTIO Praasentax-e nihil aliud est qnam prinsto dare sen oifera. To present is no more than to give or ol1'er on the spot. Co. him 120. ‘

P1-aescntia cox-pox-is tollit en-on-em nuniiriis; et veritas a ’ tollit errorem iiemnnstrntionis. The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, $9, 640.

Pnzasss. Lot. in Roman law. A presi- dent or governor. Called a "numcn gm- emle," including pro-consuls, legates, and all who governed provinca.

PRIESTARE. Lot. in Roman law.’ “Praasmre" meant to make good, and, what used in conjunction with the words "dare." “fu:‘ere," "opo1'icr€.” denoted ohligations of a personal character, as opposed to real rights.

Praestat oautela. qnsm medals. Pre- vention ls hetter than cure. Co. Litt. 3040.

Prsesumstur pro Justitia sententlz. The presiiiiiption should be in favor of the justice of a sentence. Best, Ev. Introd. 42

Praasnmiirnr pro legitzimntione. The presumption is in favor of legitimacy. 1 BL Comm. 457; 5 Coke, 9817.

P ‘hm pro It is pre sunied for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton.

PRIESUMPTIO.}} Lat. Presuniptioii; a presumption. Also intrusion, or the unlaw- ful taking of anything.

—Prse5Innptio fnrtior. tiou; a resumption of fact entitled to grant vieight. ne which determines the tribunal in its _belief of an alleged fact, without, however. cxcludinz the heiief of the possibility of its heing otherwise; the effect of nliich is to shift the hurdcu of proof to the opposite party, and. if this proof be not made, the presiiniptiou is hell] for truth. Hub. Prael. J. C. lib. 2-’. lit. 3, n. 16; Biirrill, Ciro. Ev. 66.—Px-aesnniptin hoiininis. The presumption of the man or in- ilividual; that is, natural presumption unfetterail by strict rule.—':‘rsesn.mptia jm-iii. A legal presumption or presumption of law: that is, one in which the law assumes the existence of something until it is disproved by evidence: a conditional. inconclusive, or rebuttable pro suinption. Best, Ev. § 43.—P1-aeiiumptio jnrir et de jure. A presumption of law and at right: a presumption which the law will not suilter to be conti-mlictetl: a conclusive or irrebuttabls p ' .—Px-sesuniptio um- I: Ann. In Roman law. A presumption of law that propert in the hands nf a wife came to her as a fi t from her husband and was not acquired from other sources; available only in doubtful cases and until the COFlti'l1l‘y is shown. See Mackeid. Rom. Law, § 560.

A strong presump-

Praasllmptio, ex ea qlloii plex-umquo

fit. Presuniptioris arise from what general-