Blacks Law Dict. 1st ed

POLICE

906

POBLADOR

a security on the land of his debtor, is ena bled to appropriate the rents of the land, and the goods of the debtor or his tenants found thereon, to the satisfaction of the debt. Personal poinding. This consists in the seizure of the goods of the debtor, which are sold under the direction of a court of justice, and the net amount of the sales paid over to the creditor in satisfaction of his debt; or, if no purchaser appears, the goods themselves are delivered. Poinding of stray cattle, committing dep redations on corn, grass, or plantations, un til satisfaction is made for the damage. BelL POINT. A distinct proposition or ques tion of law arising or propounded in a case. POINT RESERVED. When, in the progress of the trial of a cause, an important or difficult point of law is presented to the court, and the court is not certain of the de cision that should be given, it may reserve the point, that is, decide it provisionally as it is asked by the party, but reserve its more ma ture consideration for the hearing on a mo tion for a new trial, when, if it shall appear that the first ruling was wrong, the verdict will be set aside. The point thus treated is technically called a "point reserved." POINTS. The distinct propositions of law, or chief heads of argument, presented by a party in his paper-book, and relied up on on the argument of the cause. Also the marks used in punctuation. POISON. In medical jurisprudence. A substance having an inherent deleterious property which renders it, when taken into the system, capable of destroying life. 2 Whart. & S. Med. Jur. § 1. A substance which, on being applied to the human body, internally or externally, is ca pable of destroying the action of the vital functions, or of placing the solids and fluids in such a state as to prevent the continuance of life. Wharton. POLE. A measure of length, equal to five yards and a half. POLICE. Police is the function of that branch of the administrative machinery of government which is charged with the pres ervation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention, detection, and punishment of crimes. The police of a state, in a comprehensive sense, embraces its whole system of internal regul* tion, by which the state seeks not only to preserve the public order and to prevent offenses against

POBIiADOR. In Spanish law. A col onizer; he who peoples; the founder of a col ony. POCKET JUDGMENT. A statute-mer chant which was enforceable at any time after non-payment on the day assigned, with out further proceedings. Wharton. POCKET RECORD. A statute so called. Brownl. pt. 2, p. 81. POCKET SHERIFF. In English law. A sheriff appointed by the sole authority of the crown, without the usual form of nom ination by the judges in the exchequer. 1 Bl. Comm. 342; 3 Steph. Coram.23. PCENA. Lat. Punishment; a penalty. Inst. 4, 6, 18, 19. Pcena ad pauoos, metus ad omnes per veniat. If punishment be inflicted on a few, « dread comes to all. PCENA CORPORAIiIS. Corporal pun ishment. Pcena ex delicto defuncti hseres te neri non debet. The heir ought not to be bound by a penalty arising out of the wrong ful act of the deceased. 2 Inst. 198. Poena non potest, culpa perennis erit. Punishment cannot be, crime will be, per petual. 21 Vin. Abr. 271. PCENA PILLORALIS. In old English law. Punishment of the pillory. Fleta, lib. 1, c. 38, § 11. Poena suos tenere debet actores et non alios. Punishment ought to bind the guilty, and not others. Bract, fol. 3806. Poense potius molliendee quam exas parandae sunt. 3 Inst. 220. Punishments thould rather be softened than aggravated. sint restringendee. Punish ments should be restrained. Jenk. Cent. 29. PGENALIS. In the civil law. Penal; imposing a penalty; claiming or enforcing a penalty. Actiones poenales, penal actions. Inst. 4, 6, 12. PCENITENTIA. Lat. In the civil law. Repentance; reconsideration; changing one's mind; drawing back from an agreement al ready made, or rescinding it. POINDING. The process of the law of Scotland which answers to the distress of the English law. Poinding is of three kinds: Real poinding, or poinding of the ground. This is the action by which a creditor, having

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