KFLCC Kingdom Law 2nd Ed.

897

PETITORY ACTION

PESSONA

in opposition, praying for the exercise of the judicial powers of the ( court in relation to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for leave to sell trust property, etc. The word "petition" is generally used in ju dicial proceedings to describe an application in writing, in contradistinction to a motion, which may be viva voce. Bergen v. Jones, 4 Mete. (Mass.) 371. In the practice of some of the states, the word "petition" is adopted as the name of that initiatory pleading in an action which is elsewhere called a "declaration" or "com plaint." See Code Ga. 1882, § 3332. In equity practice. An application in writing for an order of the court, stating the circumstances upon which it is founded; a proceeding resorted to whenever the nature of the application to the court requires a full er statement than can be conveniently made in a notice of motion. 1 Barb. Ch. Pr. 578. —Petition de droit. L. Fr. In English prac tice. A petition of right; a form of proceed ing to obtain restitution from the crown of ei ther real or personal property, being of use where the crown is in possession of any here ditaments or chattels, and the petitioner sug gests such a right as controverts the title of the crown, grounded on facts disclosed in the pe tition itself. 3 Bl. Comm. 256.— Petition in bankruptcy. A paper filed in a court of bank ruptcy, or with the clerk, by a debtor praying for the benefits of the bankruptcy act, or by creditors alleging the commission of an act oi bankruptcy by their debtor and praying an ad judication of bankruptcy against him.— Petition of right. In English law. A proceeding in chancery by which a subject may recover prop erty in the possession of the king. See PETI TION DE DEOIT.— Petition of rights. A par liamentary declaration of the liberties of the people, assented to by King Charles I. in 1629. It is to be distinguished from the bill of rights, (1689,) which has passed into a permanent con stitutional statute. Brown. One who presents a pe tition to a court, officer, or legislative body. In legal proceedings begun by petition, the person against whom action or relief is prayed, or who opposes the prayer of the pe The cred itor at whose instance an adjudication of bankruptcy is made against a bankrupt. PETITORT ACTION. A droitural ac tion ; that is, one in which the plaintiff seeks to establish and enforce, by an appropri ate legal proceeding, his right of property, or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point in litigation, and not the mere right of property. The term is chiefly used in admiralty. 1 Kent, Comm. 371; The Tilton, 5 Mason, 465, Fed. Cas. No. 14,054. In Scotch law. Actions in which dam ages are sought PETITIONER. tition, is called the "respondent" PETITIONING CREDITOR.

PESSONA. Mast of oaks, etc., or money taken for mast, or feeding hogs. Cowell.

PESSURABLE WARES. Merchandise which takes up a good deal of room in a ship. Cowell. Lat In old English law. A demandant; the plaintiff in a real action. Bract fols. 102, 1066. An ancient levy or tax of a penny on each house throughout Eng land, paid to the pope. It was called "Peter pence," because collected on the day of St. Peter, ad vinculo,; by the Saxons it was called "Rome-f eoh," "Rome-scot," and "Rome pennying," because collected and sent to Rome; and, lastly, it was called "hearth money," because every dwelling-house was liable to it, and every religious house, the abbey of St Albans alone excepted. Whar ton. Fr. Small; minor; inconsider able. Used in several compounds, and some times written "petty." —Petit cape. A judicial writ, issued in the old 1 actions for the recovery t>f land, requiring the sheriff to take possession of the estate, where the tenant, after having appeared in answer to the summons, made default in a subsequent stage of the proceedings. As to petit "Jury," "Larceny," "Sergeanty," and "Treason," see those titles. PETITE ASSIZE. Used in contradistinc tion from the grand assize, which was a jury to decide on questions of property. Petit* assize, a jury to decide on questions of pos session. Britt. c. 42; Glan. lib. 2, cc. 6, 7. The plaintiff's statement of his cause of action in an action in rem. Calvin. In old English law. Petition or demand; the count in a real action; the form of words in which a title to land was stated by the de mandant, and which commenced with the word "peto." 1 Reeve, Eng. Law, 176. In logic. Beg ging the question, which is the taking of a thing for true or for granted, and drawing conclusions from it as such, when it is really dubious, perhaps false, or at least wants to be proved, before any inferences ought to be drawn from it A written address, embody ing an application or prayer from the person or persons preferring it to the power, body, or person to whom it is presented, for the exercise of his or their authority in the re dress of some wrong, or the grant of some favor, privilege, or license. In practice. An application made to a court ex parte, or where there are no parties BL.LAW DICT.(2D ED.)—57 PETENS. PETER-PENCE. PETIT. PETITIO. Lat. In the civil law. PETITIO PRINCIPII. PETITION.