Blacks Law Dict. 1st ed

PRET A USAGE

PREVENTION

934

of the parties delivers to the other a sum of money, or commodities, or other movable or fungible things, to receive for their use a profit determined in favor of the lender. Duverger. PRET A USAGE. In French law. Loan for use. A contract by which one of the parties delivers an article to the other, to be used by the latter, the borrower agreeing to return the specific article after having used it. Duverger. A contract identical with the commodatum (q. v.) of the civil law. PRET DE CONSOMMATION. In French law. Loan for consumption. A contract by which one party delivers to the other a certain quantity of things, such as are consumed in the use, on the undertaking of the borrower to return to him an equal quantity of the same species and quality. Duverger. A contract identical with the mutuum (q. v.) of the civil law. PRETENSE. See FALSE PRETENSE. PRETENSED RIGHT. Where one is in possession of land, and another, who is out of possession, claims and sues for it. Here the pretensed right or title is said to be in him who so claims and sues for the same. Mod. Cas. 302. PRETENSED TITLE STATUTE. The English statute 32 Hen. VIII. c. 9, § 2. It enacts that no one shall sell or purchase any pietended right or title to land, unless the vendor has received the profits thereof for one whole year before such grant, or has been in actual possession of the land, or of the reversion or remainder, on pain that both purchaser and vendor shall each forfeit the value of such land to the king and the prosecutor. See 4 Broom & H. Comm. 150. PRETENSES. Allegations sometimes made in a bill in chancery for the purpose of negativing an anticipated defense. Hunt, Eq. pt. I. c. 1. PRETENSION. In French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his. PRETER LEGAL. Not agreeable to law; exceeding the limits of law; not legal. PRETERITION. In the civil law. The omission by a testator of some one of his heirs who is legally entitled to a portion of the inheritance.

PRETEXTS. In international law. Reasons alleged as justificatory, bat which are so only in appearance, or which are even absolutely destitute of all foundation. The name of "pretexts" may likewise be applied to reasons which are in themselves true and well-founded, but, not being of sufficient im portance for undertaking a war, [or other international act,"J are made use of only to cover ambitious views. Vatt. Law Nat. bk. 3, c. 3, § 32. PRETIUM. Lat. Price; cost; value; the price of an article sold. PRETIUM AFFECTIONIS. An im aginary value put upon a thing by the fancy of the owner, and growing out of his attach ment for the specific article, its associations, bis sentiment for the donor, etc. Bell. PRETIUM PERICULI. The price of the risk, e. g., the premium paid on a policy of insurance; also the interest paid on money advanced on bottomry or respondentia. PRETIUM SEPULCHRI. ry, (q. v.) A mortua Pretium snccedit in looum rei. The price stands in the place of the thing sold. 1 Bouv. Inst. no. 939; 2 Bulst. 312. PRETORIUM. In Scotch law. A court house, or hall of justice. 3 How. State Tr. 425. PREVARICATION. In the civil law. Deceitful, crafty, or unfaithful conduct; par ticularly, such as is manifested in conceal ing a crime. Dig. 47, 15, 6. In English law. A collusion between an informer and a defendant, in order to 8 feigned prosecution. Cowell. Also any se cret abuse committed in a public office or private commission; also the willful conceal ment or misrepresentation of truth, by giv ing evasive or equivocating evidence. PREVENT. To hinder or preclude. To stop or intercept the approach, access, or performance of a thing. Webster. PREVENTION. In the civil law. The right of a judge to take cognizance of an action over which he has concurrent ju« risdiction with another judge. In canon law. The right which a supe rior person or officer has to lay hold of, claim* or transact an affair prior to an inferior one, to whom otherwise it more immediately be longs. Wharton.

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