KFLCC Kingdom Law 2nd Ed.

PLUS TALET UNUS OOULATUS

908

POLE

Pins valet unus oculatus testis quam auriti decern. One eye-witness is of more weight than ten ear-witnesses, [or those who speak from hearsay.] 4 Inst. 279. Plus vident oculi qnam oculus. Sever al eyes see more than one 4 Inst. 160. PO. LO. SUO. An old abbreviation for the words "ponit loco suo," (puts in his place,) used in warrants of attorney. Townsh. PL 481. POACH. To steal game on a man's land. POACHING. In English criminal law. The unlawful entry upon land for the pur pose of taking or destroying game; the tak ing or destruction of game upon another's land, usually committed at night. Steph. Crim. Law 119, et seq.; 2 Steph. Comm. 82. POBIiADOR. In Spanish law. A col onizer ; he who peoples; the founder of a col ony. POCKET. This word is used as an adjec tive in several compound legal phrases, carry ing a meaning suggestive of, or analogous to, its signification as a pouch, bag, or secret receptacle. For these phrases, see "Bor ough," "Judgment," "Record," "Sheriff," and "Veto." PCENA. Lat Punishment; a penalty. Inst 4, 6, 18, 19. —Poena corporalis. Corporal punishment— Poena pilloralis. In old English law. Pun ishment of the pillory. Fleta, lib. 1, a 38, § 11. Poena ad paucos, metns ad omnes per nreniat. If punishment be inflicted on a few, a dread comes to all. Poena ex delicto defnncti hseres te neri non debet. The heir ought not to be bound by a penalty arising out of the wrong ful act of the deceased. 2 Inst 198. Poena non potest, cnlpa perennis erit. Punishment cannot be, crime will be, per petual. 21 Vin. Abr. 271. Poena sues tenere debet actores et non alios. Punishment ought to bind the guilty, and not others. Bract, fol. 3806. Poense potins molliendse quant exas parandse sunt. 3 Inst. 220. Punishments should rather be softened than aggravated. PoensB sint restringendse. Punishments should be restrained. Jenk. Gent 29. PCENALIS. Lat In the civil law. Pen al; imposing a penalty; claiming or en forcing a penalty. Actiones pcsnales, penal actions. Inst 4, 6, 12. FCENITENTIA. Lat In the civil law. Repentance j reconsideration; changing one's

mind; drawing back from an agreement al ready made, or rescinding it —Locus pcenitentiae. Boom or place for re pentence or reconsideration; an opportunity to withdraw from a negotiation before finally con cluding the contract or agreement. Also, in criminal law, an opportunity afforded by the circumstances to a person who has formed an intention to kill or to commit another crime, giving him a chance to reconsider and relinquish his purpose. POINDING. The process of the law of Scotland which answers to the distress of the English law. Poinding is of three kinds: Real poinding or poinding of the ground. This is the action by which a creditor, having a security on the land of his debtor, is ena bled to appropriate the rents of the land, and the goods of the debtor or his tenants found thereon, to the satisfaction of the debt Personal poinding. This consists in the seizure of the goods of the debtor, which are sold under the direction of a court of justice, and the net amount of the sales paid over to the creditor in satisfaction of his debt; or, if no purchaser appears, the goods themselves are delivered. Poinding of stray cattle, committing dep redations on corn, grass, or plantations, un til satisfaction is made for the damage. Bell. POINT. A distinct proposition or ques tion of law arising or propounded in a case. —Point reserved. When, in the progress of the trial of a cause, an important or difficult point of law is presented to the court, and the court is not certain of the decision that should be given, it may reserve the point, that is, de cide it provisionally as it is asked by the par ty, but reserve its more mature considera tion for the hearing on a motion for a new trial, when, if it shall appear that the first ruling was wrong, the verdict will be set aside. The point thus treated is technically called a "point reserved."—Points. The distinct propositions of law, or chief heads of argument, presented by a party in his paper-book, and relied upon on the argument of the cause. Also the marks used in punctuation. Duncan v. Kohler, 37 Minn. 379, 34 N. W. 594; Commonwealth Ins. Co. v. Pierro, 6 Minn. 570 (Gil. 404). POISON. In medical jurisprudence. A substance having an inherent deleterious property which renders it when taken into the system, capable of destroying life. 2 Whart. & S. Med. Jur. § L A substance which, on being applied to the human body, internally or externally, is ca pable of destroying the action of the vital functions, or of placing the solids and fluids in such a state as to prevent the continuance of life. Wharton. See Boswell v. State, 114 Ga. 40, 39 S. E. 897; People v. Van Deleer, 53 Cal. 148; Dougherty v. People, 1 Colo. 514; State v. Slagle, 83 N. C. 630; United States Mut Ace. Ass'n v. Newman, 84 Va. 52, 3 S. E. 805. POLE. A measure of length, equal to five yards and a half.