Blacks Law Dict. 1st ed

PR^ESENTARE NIHIL ALIUD, ETC. 924

PRAGMATIC SANCTION

PRJESUMPTIO JURIS. Lat A legal presumption or presumption of law; that is, one in which the law assumes the existence of something until it is disproved by evi dence; a conditional, inconclusive, or rebut table presumption. Best, Ev. § 43. PR-ZESUMPTIO JURIS ET DE JURE. Lat. A presumption of law and of right; a presumption which the law will not suffer to be contradicted; a conclusive or irrebuttable presumption. Prsesumptio violenta plena probatio. Co. Litt. 66. Strong presumption is full proof. Prsesumptio violenta valet in lege. Strong presumption is of weight in law. Jenk. Cent. p. 56, case 3. Prsesumptiones sunt conjecturse ex signo verisimili ad probandum as sumptse. Presumptions are conjectures from probable proof, assumed for purposes of evidence. J. Voet, Com. ad Pand. 1. 22, tit. 3, n. 14. Prsetextu liciti non debet admitti illi citum. Under pretext of legality, what is illegal ought not to be admitted. Wing. Max. p. 728, max. 196. PRETEXTUS. Lat. A pretext; apre tense or color. Prcetextu cujus, by pretense, or under pretext whereof. 1 Ld. Raym 412. PRiETOR. In Roman law. A municipal officer of the city of Rome, being the chief judicial magistrate, and possessing an ex tensive equitable jurisdiction. PRJETOR FIDEI-COMMISSARIUS. In the civil law. A special praetor created to pronounce judgment in cases of trusts or fidei-commissa. Inst. 2, 23, 1. PREVARICATOR. In the civil law. One who betrays his trust, or is unfaithful to his trust. An advocate who aids the op posite party by betraying his client's cause. Dig. 47, 15, 1. PRJEVENTO TERMINO. In old Scotch practice. A form of action known in the forms of the iourt of session, by which a delay to discuss a suspension or auvocation was got the better of. Bell. PRAGMATIC SANCTION. In French law. An expression used to desig nate those ordinances which concern the most important objects of the civil or ecclesias tical administration. Merl. Report.

Prsesentare nih.il aliud est quam prse sto dare seu offere. To present is no more than to give or offer on the spot. Co. Iitt. 120. Prsesentia oorporis tollit errorem no minis ; et veritas nominis tollit errorem demonstrationis. The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, 639, 640. PR2ESES. Lat. In Roman law. A president or governor. Called a " nomen gen erale," including pro-consuls, legates, and all who governed provinces. PRffiSTARE. Lat. In Roman law. "Prce stare" meant to make good, and, when used in conjunction with the words "dare," "far eere," "oportere," denoted obligations of a personal character, as opposed to real rights. Prsestat cautela quam medela. Pre vention is better than cure. Co. Litt. 3046. Prsesumatur pro justitia sententise. The presumption should be in favor of the Justice of a sentence. Best, Ev. Introd. 42. Praesumitur pro legitimatione. The presumption is in favor of legitimacy. 1 Bl. Comm. 457; 5 Coke, 986. Prsesumitur pro negante. It is pre sumed for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton. PR.2ESUMPTIO. Lat. Presumption; a presumption. Also intrusion, or the unlaw ful taking of anything. Prsesumptio, ex eo quod plerumque fit. Presumptions arise from what generally happens. 22 Wend. 425, 475. PILESUMPTIO FORTIOR. Lat. A strong presumption; a presumption of fact entitled to great weight. One which deter mines the tribunal in its belief of an alleged fact, without, however, excluding the belief of the possibility of its being otherwise; the effect of which is to shift the burden of proof to the opposite party, and, if this proof be not made, the presumption is held for truth. Hub. Prsel. J. C. lib. 22, tit. 3, n. 16; Burrill, Circ. Ev. 66. PRiESUMPTIO HOMINIS. Lat. The presumption of the man or individual; that is, natural presumption unfettered by strict rule.

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