Blacks Law Dict. 1st ed

POSITIVE LAW

PORT-REEVE

912

tion of the laws imposing duties on vessels and importations of goods. PORT-REEVE, or PORT-WARDEN. An officer maintained in some ports to over see the administration of the local regula tions; a sort of harbor-master. PORT-RISK. In marine insurance. A risk upon a vessel while lying in port, and before she has taken her departure upon an other voyage. 71 N. Y. 459. PORTATICA. In English law. The generic name for port duties charged to ships. Harg. Law Tract, 64. PORTEOUS. In old Scotch practice. A roll or catalogue containing the names of in dicted persons, delivered by the justice-clerk to the coroner, to be attached and arrested by him. Otherwise called the "Porteous Roll." Bell. PORTER. 1. In old English law, this title was given to an officer of the courts who carried a rod or staff before the justices. 2. A person who keeps a gate or door; as the door-keeper of the houses of parliament. 3. One who carries or conveys parcels, lug gage, etc., particularly from one place to an other in the same town. PORTERAGE. A kind of duty formerly paid at the English custom-house to those who attended the water-side, and belonged to the package-office; but it is now abolished. Also the charge made for sending parcels. PORTION. The share falling to a child from a parent's estate or the estate of any one bearing a similar relation. Portion is especially applied to payments made to younger children out of the funds comprised in their parents' marriage set tlement, and in pursuance of the trusts there of. Mozley & Whitley. PORTION DISPONIBLE. In French law. That part of a man's estate which he may bequeath to other persons than his nat ural heirs. A parent leaving one legitimate child may dispose of one-half only of his property; one leaving two, one-third only; and one leaving three or more, one-fourth only; and it matters not whether the disposi tion is inter vivos or by will. PORTIONER. In old English law. A minister who serves a benefice, together with others; so called because he has only a portion of the tithes or profits of the living; also an allowance which a vicar commonly

has out of a rectory or impropriation. Oow ell. In Scotch law. The proprietor of a small feu or portion of land. Bell. PORTIONIST. One who receives a por tion; the allotee of a portion. One of two or more incumbents of the same ecclesiastical benefice. PORTMEN. The burgesses of Ipswich and of the Cinque Ports were so called. PORTMOTE. In old English law. A court held in ports or haven towns, and sometimes in inland towns also. Co well; Blount. PORTORIA. In the civil law. Duties paid in ports on merchandise. Taxes levied in old times at city gates. Tolls for passing over bridges. PORTSALE. In old English law. An auction; a public sale of goods to the highest bidder; also a sale of fish as soon as it is brought into the haven. Cowell. PORTSOKA, or PORTSOKEN. The suburbs of a city, or any place within its ju risdiction. Somner; Cowell. Portus est locus in quo exportantur et importantur merces. 2 Inst. 148. A port is a place where goods are exported or imported. POSITIVE. Laid down, enacted, or pre scribed. Express or affirmative. Direct, absolute, explicit. POSITIVE CONDITION. One which contemplates the performance of a positive act; as distinguished from a negative condi tion, which contemplates abstention from acting. POSITIVE EVIDENCE is that which, if believed, establishes the truth or falsehood of a fact in issue, and does not aiise from any presumption. It is distinguished from circumstantial evidence. 3 Bouv. Inst. no. 3057. POSITIVE FRA.UD is the intentional and successful employment of any cunning, deception, or artifice, to circumvent, cheat, or deceive another. 1 Story, Eq. Jur. 186. The term is used in opposition to "construct ive fraud." POSITIVE LAW. Law actually and specifically enacted or adopted by proper au thority for the government of an organized jural society.

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