Blacks Law Dict. 1st ed

POTESTAS STRICTE, ETC.

POURSUIVANT

919

over their slaves. See Inst. 1, 9, 22; Dig. 2, 1, 13, 1; Id. 14, 1; Id. 14, 4, 1. 4. Potestas stricte interpretatur. A pow er is strictly interpreted. Jenk. Cent. p. 17, case 29, in marg. Potestas suprema seipsum dissolvere potest, ligare non potest. Supreme pow er can dissolve [unloose] but cannot bind it self. Branch, Princ.; Bacon. Potior est conditio defendentis. Better is the condition of the defendant, [than that of the plaintiff.] Broom, Max. 740; Cowp. 343; 15 Pet. 471; 21 Pick. 289; 22 Pick. 186, 187; 107 Mass. 440. POTWALLOPER. A term formerly ap plied to voters in certain boroughs of Eng land, where all who boil {wallop) a pot were entitled to vote. Webster. POULTRY COUNTER. The name of * prison formerly existing in London. See COUNTER. POUND. 1. A place, inclosed by public authority, for the temporary detention of stray animals. 4 Pick. 258. A pound-overt is said to be one that is open over head ; a pound-covert is one that is close, or cov ered over, such as a stable or other building. 2. A measure of weight. The pound avoir dupois contains 7,000 grains; the pound troy 6,760 grains. In New York, the unit or standard of weight, from which all other weights shall be derived and ascertained, is declared to be the pound, of such magnitude that the weight of a cubic foot of dis tilled water, at its maximum density, weighed in a vacuum with brass weights, shall be equal to sixty-two and a half such pounds. 1 Rev. St. N. T. p. 617, $ 8. 3. "Pound" is also the name of a denomi nation of English money, containing twenty shillings. It was also used in the United States, in computing money, before the in troduction of the federal coinage. POUND BREACH. The act or offense of breaking a pound, for the purpose of tak ing out the cattle or goods impounded. 3 Bl. Comm. 12,146. POUND-KEEPER. An officer charged with the care of a pound, and of animals con fined there. POUND OP LAND. An uncertain quantity of land, said to be about fifty-two acres. POUNDAGE. In practice. An allow ance to the sheriff of so much in the pound upon the amount levied under an execution.

The money which an owner of animals im pounded must pay to obtain their release. In old English law. A subsidy to the value of twelve pence in the pound, granted to the king, of all manner of merchandise of every merchant, as well denizen as alien, either exported or imported. Cowell. POUR ACQUIT. Fr. In French law. The formula which a creditor prefixes to his signature when he gives a receipt. POUR COMPTE DE QUI IL AP PARTIENT. Fr. For account of whom it may concern. POUR FAIRE PROCLAIMER. L. Fr. An ancient writ addressed to the mayor or bailiff of a city or town, requiring him to make proclamation concerning nui sances, etc. Fitzh. Nat. Brev. 176. POUR SEISIR TERRES. L. Fr. An ancient writ whereby the crown seized the land which the wife of its deceased tenant, who held in capite, had for her dower, if she married without leave. It was grounded on the statute De Prarogativa Regis, 7, (17 Edw. II. St. 1, c 4.) It is abolished by 12 Car. H. c. 24. POURPARLER. Fr. In French law. The preliminary negotiations or bargainings which lead to a contract between the parties. As in English law, these form no part of the contract when completed. POURPARTY. To make pourparty is to divide and sever the lands that fall to par ceners, which, before partition, they held jointly and pro indiviso. Cowell. POURPRESTURE. Aninclosure. Anything done to the nuisance or hurt of the public demesnes, or the highways, etc., by inclosure or building, endeavoring to make that private which ought to be public. The difference between a pourpresture and a public nuisance is that pourpresture is an in vasion of the jus privatum of the crown; but where the jus publicum is violated it is a nuisance. Skene makes three sorts of this offense: (1) Against the crown; (2) against the lord of the fee; (3) against a neighbor. 2 Inst. 38; 1 Reeve, Eng. Law, 156. POURSUIVANT. The king's messen ger; a royal or state messenger. In the her alds' college, a functionary of lower rank than a herald, but discharging similar du ties, called also " pours uivant at arms."

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