Pr Diu Dominans - Law Dictionary

Pr'dium dominans

Pr'dium dominans, an estate to which a servitude is due; the ruling estate, Colquhoun's Roman Civil Law, s. 937....

Deliberandum est diu quod statuendum est semel

Deliberandum est diu quod statuendum est semel [Lat.], That which is to be resolved once for all, should be long deliberated upon....

Novum judicium non datnovum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit velatum

Novum judicium non datnovum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit velatum. 10 Co. 42, (A new adjudication does not make a new law, but declares the old; because adjudication is the utterance of the law, and by adjudication the law is newly revealed which was for a long time hidden,)...

Pr'munire

Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...

Pr'cipe

Pr'cipe (command), a slip of paper upon which the particulars of a writ are written; it is lodged in the office out of which the required writ is to be issued.A pr'cipe must be filed by the party issuing or his solicitor before a writ of execution is issued, which pr'cipe must contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any, for execution, and the names of those against whom it issued, and must be signed by the party or solicitor issuing it [(English) R.S.C. Ord. XLII., Rule 12]. For forms of such pr'cipes, see ibid., App. G. The goods of the debtor are bound immediately after the application for the pr'cipe, Murgatroyd v. Wright, (1907) 2 KB 333....

Nemo pr'sumitur alienam posteritatem su' pr'tulisse

Nemo pr'sumitur alienam posteritatem su' pr'tulisse. Wing 285, (No one is presumed to prefer the posterity of another to his own.)...

Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est

Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est. Co. Litt. 78, (Odious and dishonest things are not to be presumed in law; and in an act which partakes both of good and bad, the presumption should be done in favour of what is good than that is bad....

Proviso est providere pr'sentia et futura non pr'terita

Proviso est providere pr'sentia et futura non pr'terita. Co. 72, (A proviso is to provide for the present or future, not the past.)...

Pr'cipe, Tenant to the

Pr'cipe, Tenant to the, a person having an estate of freehold in possession, against whom the pr'cipe was brought by a tenant in tail, seeking to bar his estate by a recovery. If the latter was tenant in tail in possession, it was usual for him to convey a freehold estate to any in different person against whom the pr'cipe was brought. See RECOVERY....

Semper pr'sumitur pr matrimonio

Semper pr'sumitur pr matrimonio, (The presump-tion is always in favour of the validity of a marriage.) See MARRIAGE....

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