Page:Black's Law Dictionary (Second Edition).djvu/945

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PRETIUM

PRETIUM. Lat. Price ; value;

the price of an article sold.

—Px-stinnn nifeetionis. An imaginary value put upon a thing by the fancy of the owner, rud growing out of his attachment for the slmlllc article, its llSS()lluliOl'lS, his sentiment. fu line d--nor, etc. Bcll; The H. F Dimn-‘k. Ft-rl J3, 23 C. C. A. 1 nli. Tile price of the lnlnm la id on a policy of insurance; luu-A»: mid nn money advanced on lvotloinry or vv~~.[on-lentia.—Pr-etium sepnlchri. A monuury, (q. :1.)

cost ;


—Pretinm pe-

Pretlum succedit in locum rel. The price stands in the place of the thing sold. 1 Bouv. Inst. no. 939; 2 Bulst. 312.

PRETORIUM. In Scotch law. A court- house, or ball of Justice. 3 How. State Tr. 425

PREVAILING PARTY. That one of the parties to a suit who successfully prosecutes the action or successfully defends against it, prevailing on the main issue, though not to the extent of his original contcntion. See Bcldlng v. Conklin. 2 Code Rep. (.\‘. Y) 112; Weston v. Cushing. 45 Vt. 531; Iiawlzins v. Nowinnd. 53 M0. 329: Pomroy V. Cutes, 81 Me. 377. 17 Atl. 311.

PREVARICATION. In the civil law. Deceltful. crafty, or unfaithful conduct: particularly, such as is manifested in cocnealing a crime. Dig. 47, 15, 6.

In English law. A collusion between an

informer and a defendant, in order to a-

feigned prosecution. Cowell. Also any secret abuse committed in a public omce or private commission; also the willful conceal- ment or misrepresentation of truth, by giving evasive or equivocatlng evidence.

PREVENT. To hinder or preclude. To stop or intercept the approach. access, or performance of a thing. Webster; U. S. V. Soudora, 27 Fed. Cos. 1,260; Green v. State. 100 Ga. 536. 35 S. E. 97; Burr v. Williams. ‘:0 Ark. 171; In re Jones, 78 Ala. 421.

PREVENTION. In the civil law. The right of a judge to take cognizance of an action over which he has concurrent Juris- diction with another judge.

In canon law. The right which a su- perior person or officer has to lay hold of. claim, or transact an nflalr prior to an in- ferior one. to whom otherwise it more im- medlateiy belongs. Wharton.

PREVENTION OF CRIMES ACT. The statute 34 8: 35 Vict. c. 112. passed for the purpose of securing a better supervision over habitual criminals. This act provides that a person who is for a second time con- victed of crime may, on his second conviction, he suluected to police supervision for I period of seven years after the expiration

937

PRICKING FOR SHERIFFS

of the punishment awarded him Penalties are imposed on lodging-house keepers, etc., for harhoring thieves or reputed thieves. There are also provisions relating to receivers of stolen property, and dealers in old metals who purchase the same in small quantities. This act repeals the habitual crim- Lnals act of 1869, (32 & 33 Vict. C. 99.) Brown.

PREVENTIVE JUSTICE. The system of measures taken by government with ref- erence to the direct prevention of crime. It generally consists in ohliging those per» sons whom there is probable ground to suspect of future misbehavior to give full assurance to the public that such oifeuse as is apprehended shall not happen, by finding pledges or securities to keep the peace. or for their good behavior. See 4 Bl. Comm. 251; 4 Stcph. Comm. 290.

PREVENTIVE SERVICE. The mime given in England to the coast-guard. or armed police, forming a part of the customs service, and employed in the prevention and detection of smuggling.

Previous intentions are Judged by sub- Iaqnent acts. Dumont v. Smith, 4 Deaio (N. Y.) 319, 320.

PREVIOUS QUESTION. In the procedure of parliamentary bodies, moving the “previous question" is a method of avoiding a direct Vote on the main subject of discus-

sion. II: is described in May, Parl. Prac. 277. PREVIOUSLY. An adverb of time, used

in comparing an act or state named with another act or state, suhsequent in order of time, for the purpose of asserting the priority of the first. Lebrecht v. Wilcoxon, -10 Iowa. 9-1.

PRICE. The consideration (usually in money) given for the purchase of a thing.

It is true that “price" generally means the sum of money which an article is sold for; but this is simply because property is generally sold for money. not because the word has necessarily such a restricted meaning. Among writers on political economy, who use terms with philo- sophical accuracy, the word “price" is not si- ways or even generally used as denoting the moneyed equivalent of property sold They generally treat and regard price as the equivalent or compensation. in Whatever form received, for y sold. The Latin word from which

is derived sometimes means "reWsrn’l." “value. “eslnnation," "equivalent." Hudson Iron Co. v. Aigcr. 54 N. Y. 177. —Price current. A list or enumeration of various articles of merchandise, with their prices, the duties, if any. payable thereon, when imported or exported, with the drawbacks occasionally alloucd upon their exportation. etc. \"Vharton.


PRICKING FOR SHERIFFS. In England, when the yearly list of persons nomi- nated for the office of sherlif is snhmitted to

the sovereign, he takes a pin, and to insure