KFLCC Kingdom Law 2nd Ed.

902

PLACITUM

PLAT

PLAINT. In English practice. A pri vate memorial tendered in open court to the judge, wherein the party injured sets forth his cause of action. A proceeding in inferior courts by which an action is com menced without original writ. 3 Bl. Comm. 373. This mode of proceeding is commonly adopted in cases of replevin. 3 Stepb, Comm. 666. In the civil law. A complaint; a form of action, particularly one for setting aside a testament alleged to be invalid. This word is the English equivalent of the Latin "que rela." A person who brings an action; the party who complains or sues in a personal action and is so named on the record. Gulf, etc., R. Co. v. Scott (Tex. Civ. App.) 28 S. W. 458; Canaan v. Greenwoods Turnpike Co., 1 Conn. 1. —Plaintiff in error. The party who sues out a writ of error to review a judgment or other proceeding at law.— Use plaintiff. One for whose use (benefit) an action is brought in the name of another. Thus, where the assign ee of a chose in action is not allowed to sue in his own name, the action would be entitled "A. B. (the assignor) for the use of C. D. (the assignee) against E. F." In this case, C. D. is called tha "use plaintiff." PLAN. A map, chart, or design; being a delineation or projection on a plane sur face of the ground lines of a house, farm, street, city, etc., reduced in absolute length, but preserving their relative positions and proportion. Jenney v. Des Moines, 103 Iowa, 347, 72 N. W. 550; Wetherill v. Pennsyl vania R, Co., 195 Pa. 156, 45 Atl. 658. PLANT. The fixtures, tools, machinery, and apparatus which are necessary to carry on a trade or business. Wharton. South ern Bell Tel. Co. v. D'Alemberte, 39 Fla. 25, 21 South. 570; Sloss-Sheffield Steel Co. v. Mobley, 139 Ala. 425, 36 South. 181; Max well v. Wilmington Dental Mfg. Co. (C. C.) 77 Fed. 941. PLANTATION. In English law. A colony; an original settlement in a new country. See 1 Bl. Comm. 107. In American law. A farm; a large cul tivated estate. Used chiefly in the south ern states. In North Carolina, "plantation" signifies the land a man owns which he is cultivating more or less in annual crops. Strictly, it designates the place planted; but in wills it is generally used to denote more than the inclosed and cultivated fields, and to take in the necessary woodland, and, indeed, commonly all the land forming the parcel or parcels under culture as one farm, or even what is worked by one set of hands. Stowe v. Davis, 32 N. C. 431. PLAT, or PLOT. A map, or representa tion on paper, of a piece of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale. McDaniel y. Mace, 47 PLAINTIFF.

communia, (common cases or common pleas, i. e., private civil actions.) A fine, mulct, or pecuniary punishment. A pleading or plea. In this sense, the term was not confined to the defendant's answer to the declaration, but included all the pleadings in the cause, being nomen gen,' eralissimum. 1 Saund. 388, n. 6. In the old reports and abridgments, "placi tum" was the name of a paragraph or sub division of a title or page where the point decided in a cause was set out separately. It is commonly abbreviated "pi." In the civil law. An agreement of par ties ; that which is their pleasure to arrange between them. An imperial ordinance or constitution; literally, the prince's pleasure. Inst. 1, 2, 6. A judicial decision; the judgment, decree, or sentence of a court. Calvin. Placitum aliud personale, aliud reale, aliud mixtnm. Co. Lritt. 284. Pleas [i. e., actions] are personal, real, and mixed. PLACITUM FRACTUM. A day past or lost to the defendant. 1 Hen. I. c. 59. PLACITUM NOMINATUM. The day appointed for a criminal to appear and plead and make his defense. Cowell. PLAGIARISM. The act of appropriat ing the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one's own mind. One who publishes the thoughts and writings of another as his own. PLAGIARTUS. Lat In the civil law. A man-stealer; a kidnapper. Dig. 48, 15, 1; 4 Bl. Comm. 219. PLAGIUM. Lat In the civil law. Man-stealing; kidnapping. The offense of enticing away and stealing men, children, and slaves. Calvin. The persuading a slave to escape from his master, or the concealing or harboring him without the knowledge of his master. Dig. 48, 15, 6. PLAGUE. Pestilence; a contagious and malignant fever. PLAIDEUR. Fr. An obsolete term for an attorney who pleaded the cause of his client; an advocate. PLAIN STATEMENT is one that may be readily understood, not merely by law yers, but by all who are sufficiently ac quainted with the language in which it is written. Mann v. Morewood, 5 Sandf. (N. T.) 557, 564. PLAGIARIST, or PLAGIARY.