Legal Articles

POLITICS

The science of government; the art or practice of administering public affairs.

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PONE

In English practice. An original writ formerly used for the purpose of remov- ing suits from the court-baron or county court Into the superior courts of common law. It was also the proper writ to remove all suits which were before the sheriff by writ of justices. But this writ is now in disuse, the writ of certiorari being the ordinary process by which at the present day a cause is removed from a county court into any superior court. Brown.

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POPULISCITUM

Lat. In Roman law. A law enacted by the people; a law passed by an assembly of the Roman people, In the eoniitia centuriata, on the motion of a sena- tor; differing from a plebiseitum, in that the latter was always proposed by one of the tribunes.

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PORTORIA

In the civil law. Duties paid in ports on merchandise. Taxes levied in old times at city gates. Tolls for passing over bridges.

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POSSIBILITY

An uncertain thing which may happen. A contingent interest in real or personal estate. Kinzie v. Winston, 14 Fed. Cas. 651; Bodenhamer v. Welch. 89 N. C. 78; Needles v. Needles, 7 Ohio St. 442, 70 Am. Dec. 85. It is either near, (or ordinary,) as where an estate is limited to one after the death of another, or remote, (or extraordinary.) as where it is limited to a man, provided he marries a certain woman, and that she shall die and he shall marry another.

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POST-NOTES

A species of bank-notes payable at a distant period, and not on de- mand. They are a species of obligation resorted to by banks when the exchanges of the country, and especially of the banks, have become embarrassed by excessive speculations. Much concern is then felt for the country, and through the newspapers it is urged that post-notes be issued by the banks “for aiding domestic and foreign exchanges,” as a “mode of relief.” or a “remedy for the distress,” and “to take the place of the southern and foreign exchanges.” POST-NUPTIAL 910 POSTERITY And so presently this is done. Post-notes are therefore intended to enter into the circulation of the country as a part of its medium of exchanges ; the smaller ones for ordinary business, and the larger ones for heavier operations. They are intended to supply the place of demand notes, which the banks cannot afford to issue or reissue, to relieve the necessities of commerce or of the banks, or to avoid a compulsory suspension. They are under seal, or without seal, and at long or short dates, at more or less interest, or without interest, as the necessities of the bank may require. Appeal of Hogg, 22 Pa. 4SS.

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POSTHUMOUS CHILD

One born after the death of its father; or, when the Cawa- reuu operation is performed, after that of the mother. Posthumus pro uato habetur. A posthumous child is considered us though boru, [at tlie parent’s death.] Hall v. Hancock, 13 Pick. (.Muss.) 258, 20 Am. Dec. 598.

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PERPETUAL CURACY

The office of a curate in a parish where there is no spiritual rector or vicar, but where a clerk (curate) is appointed to officiate there by the impropriator. 2 Burn. Ecc. Law, 55. The church or benefice tilled by a curate under these circumstances is also so called.

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PROXIMATE AND REMOTE DAMAGES

Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event. Henry v. Railroad Co., 50 Cal. 183; Kuhn v. Jewett, 32 N. J. Eq. 649; Pielke v. Railroad Co.. 5 Dak. 444, 41 N. W. 669. The terms “remote damages” and “consequential damages” are not synonymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton v. Railroad Co., 51 N. II. 511, 12 Am. Rep. 147.

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PECUNIARY DAMAGES

Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but all such loss, deprivation, or injury as can be made the subject of calculation and of recompense in money. Walker v. McNeill. 17 Wash. 582, 50 Pac. 518; Searle v. Railroad Co.. 32 W. Va. 370. 9 S. E. 248; Mclntyre v. Railroad Co., 37 N. Y. 205; Davidson Benedict Co. v. Severson. 100 Tenn.. 572, 72 S. W. 967

TLD Example: The pain and suffering experienced by the victim of an accident cannot be calculated and quantified as easily as medical expenses, lost wages and other pecuniary damages.

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PRESUMPTIVE DAMAGES

A term occasionally used as the equivalent of “exemplary” or “punitive” damages. Murphv v. Hobbs. 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 300

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PROSPECTIVE DAMAGES

Damages which are expected to follow from the act or state of facts made the basis of a plaintiff’s suit; damages which have not yet accrued, at the time of the trial, but which, in the nature of things, must necessarily, or most probably, result from the acts or facts complained of.

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PASSIVE DEBT

A debt upon which, by agreement between the debtor and creditor, no interest is payable, as
distinguished from active debt; i. c., a debt upon which interest is payable. In this
sense, the terms “active” and “passive” are applied to certain debts due from the
Spanish government to Great Britain. Wharton. In another sense of the words, a debt is
“active” or “passive” according as the person of the creditor or debtor is regarded ; a
passive debt being that which a man owes; an active debt that which is owing to him.
In this meaning every debt is both active and passive,

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PUBLIC DEBT

That which is due or owing by the government of a state or nation. The terms “public debt” and “public securities,” used
in legislation, are terms generally applied to national or state obligations and dues, and
would rarely, if ever, be construed to include town debts or obligations; nor would the
term “public revenue” ordinarily be applied to funds arising from town taxes. Morgan v.
Cree, 46 Vt. 773, 14 Am. Rep. 640.

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PURE DEBT

In Scotch law. A debt due now and unconditionally is so called. It is thus distinguished from a future debt,

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