Blacks Law Dict. 1st ed

PETTY AVERAGE

PETITIO PRINCIPII

896

PETITION OP RIGHTS. A parlia mentary declaration of the liberties of the people, assented to by King Charles I. in 1629. It is to be distinguished from the bill of rights, (1689,) which has passed into a permanent constitutional statute. Brown. PETITIONER. One who presents a pe tition to a court, officer, or legislative body. In legal proceedings begun by petition, the person against whom action, or relief is prayed, or who opposes the prayer of the pe tition, is called the "respondent." PETITIONING CREDITOR. The creditor at whose instance an adjudication of bankruptcy is made against a bankrupt. PETITORY ACTION. A droitural ac tion ; that is, one in which the plaintiff seeks to establish and enforce, by an appropri ate legal proceeding, his right of property, or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point in litigation, and not the mere right of property. The term is chiefly used in admiralty. 1 Kent, Comm. 371; 5 Mason, 465. In Scotch law. Actions in which dam ages are sought. PETO. Lat. In Roman law. I request. A common word by which a fideicommis sum, or trust, was created in a will. Inst. 2, 24, 3. PETRA. A stone weight. Cowell. PETTIFOGGER. A lawyer who is em ployed in a small or mean business, or who carries on a disreputable business by unprin cipled or dishonorable means. u We think that the term • pettifogging shyster' needed no definition by witnesses before the jury. This combination of epithets, every lawyer and citizen knows, belongs to none but unscrupulous practitioners who disgrace their profession by do ing mean work, and resort to sharp practice to do it." 40 Mich. 256. PETTY AVERAGE. In maritime law. A term used to denote such charges and disbursements as, according to occurrences and the custom of every place, the master necessarily furnishes for the benefit of the ship and cargo, either at the place of load ing or unloading, or on the voyage; such as the hire of a pilot for conducting a vessel from one place to another, towage, light money,' beaconage, anchorage, bridge toll, quarantine and such like. Park, Ins. 100. The particulars belonging to this head de pend, however, entirely upon usage. Abb. Ship. 404.

In which a title to land was stated by the de mandant, and which commenced with the word "peto." 1 Reeve, Eng. Law, 176. PETITIO PRINCIPII. In logic. Beg ging the question, which is the taking of a thing for true or for granted, and drawing conclusions from it as such, when it is really dubious, perhaps false, or at least wants to be proved, before any inferences ought to be drawn from it. PETITION. A written address, embody ing an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the ex ercise of his or their authority in the redress of some wrong, or the grant of some favor, privilege, or license. In practice. An application made to a court ex parte, or where there are no parties in opposition, praying for the exercise of the judicial powers of the court in relation to some matter which is not the subject for a suit or action, or for authority to do someact which requires the sanction of the couit; as for the appointment of a guardian, for leave to sell trust property, etc. The word "petition "is generally used in judicial proceedings to describe an application in writing, in contradistinction to a motion, which may be viva voce. 4 Mete. (Mass.) 371. In the practice of some of the states, the word "petition" is adopted as the name of that initiatory pleading in an action which is «lsewhere called a "declaration" or "com plaint." See Code Ga. 1882, § 3332. In equity practice. An application in writing for an order of the court, stating the circumstances upon which it is founded; a proceeding resorted to whenever the nature of the application to the couit requires a full er statement than can be conveniently made in a notice of motion. 1 Barb. Ch Pr. 578. PETITION DE DROIT. L. Er. In English practice. A petition of right; a form of proceeding to obtain restitution from the crown of either real or personal property, being of use wheie the crown is in possession of any hereditaments or chattels, and the petitioner suggests such a right as controverts the title of the crown, grounded on facts disclosed in the petition itself. 3 Bl. Comm. 256. PETITION OF RIGHT. In English law. A proceeding in chancery by which a subject may recover property in the posses lion of the king. See PETITION DE DKOIT.

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