Legal Articles

POLLENGERS

Trees which have been lopped; distinguished from timber-trees. Plowd. 049.

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PONIT SE SUPER PATRIAM

Lat. He puts himself upon the country. The defendant’s plea of uot guilty in a criminal action is recorded, in English practice, in these words, or in the abbreviated form “po. Sc

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PORTATICA

In English law. The generic name for port duties charged to ships. Harg. Law Tract, 64.

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POSTIVI JURIS

Lat. Of positive law. “That was a rule positivi juris; I do not mean to say an unjust one.” Lord Elleu- borough, 12 East. G39. Posito nno oppositorum, negatur alteram. One of two opposite positions being affirmed, the other is denied. 3 Rolle, 422.

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POST-DATE

To date an instrument as of a time later than that at which it is really made.

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POST ROADS

The roads or highways, by land or sea, designated by law as the ave- nues over which the mails shall be transported. Railway Mail Service Cases, 13 Ct. CI. 204. A “post route,” on the other hand, Is the appointed course or prescribed line of transportation of the mail. U. S. v. Koch- ersperger, 26 Fed. Cas. 803; Blackham v. Gresham (C. C.) 16 Fed. 611. POST-TERMINAL SITTINGS.

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POSTPONE

To put off; defer; delay; continue; adjourn; as when a hearing is postponed. Also to place after; to set below something else; as when an earlier lien is for some reason postponed to a later lien. The word “postponement,” in speaking of legal proceedings, is nearly equivalent to “continuance;” except that the former word is generally preferred when describing an adjournment of the cause to another day during the same term, and the latter when the case goes over to another term. See State v. Underwood, 70 Mo. 630; State v. Nathaniel, 52 La. Ann. 558, 26 South. 1008.

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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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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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