KFLCC Kingdom Law 2nd Ed.

913

POROION

POOL

prices on the stock market, or simply with a view to the successful conduct of an enter prise too great for the capital of any mem ber individually, and on an agreement for the division of profits or losses among the members, either equally or pro rata. Also, a similar combination not embracing the idea of a pooled or contributed capital, but simply the elimination of destructive competition be tween the members by an agreement to share or divide the profits of a given business or venture, as, for example, a contract between two or more competing railroads to abstain from "rate wars" and (usually) to maintain fixed rates, and to divide their earnings from the transportation of freight in fixed propor tions. See Green v. Higham, 161 Mo. 333, 61 S. W. 798; Mollyneaux v. Wittenberg, 39 Neb. 547, 58 N. W. 205; Kilbourn v. Thomp son, 103 U. S. 195, 26 L. Ed. 377; American Biscuit Co. v. Klotz (C. C.) 44 Fed. 725; U. S. v. Trans-Missouri Freight Ass'n, 58 Fed. 65, 7 C. C. A. 15, 24 L. R. A. 73. 2. In various methods of gambling, a "pool" is a sum of money made up of the stakes contributed by various persons, the whole of which is then wagered as a stake oia the event of a race, game, or other con test, and the winnings (if any) are divided among the contributors to the pool pro rata. Or It is a sum similarly made up by the con tributions of several persons, each of whom then makes his guess or prediction as to the event of a future contest or hazard, the suc cessful better taking the entire pool. See Ex parte Powell, 43 Tex. Cr. R* 391, 66 S. W. 298; Com. v. Ferry, 146 Mass. 203, 15 N. E. 484; James v. State, 63 Md. 248; Lacey v. Palmer, 93 Va. 159, 24 S. E. 930, 31 L. R. A. 822, 57 Am. St. Rep. 795; People v. Mc Cue, 87 App. Div. 72, 83 N. Y. Supp. 1088. 3. A body of standing water, without a current or issue, accumulated in a natural basin or depression in the earth, and not arti ficially formed. POOLING CONTRACTS. Agreements between competing railways for a division of the traffic, or for a pro rata distribution of their earnings united into a "pool" or common fund. 15 Fed. 667, note. See POOL. POOR. As used In law, this term denotes those who are so destitute of property or of the means of support, either from their own labor or the care of relatives, as to be a pub lic charge, that is, dependent either on the charity of the general public or on mainte nance at the expense of the public. The term is synonymous with "indigent persons" and "paupers." See State v. Osawkee Tp., 14 Kan. 421, 19 Am. Rep. 99; In re Hoffen's Estate, 70 Wis. 522, 36 N. W. 407; Heuser v. Harris, 42 111. 430; Juneau County v. Wood County. 109 Wis. 330, 85 N. W. 387; Sayres v. Springfield, 8 N. J. Law, 169. —Poor debtor's oath. An oath allowed, in some jurisdictions, to a person who is arrested BL.LAW DIOT.(2D ED.)—58

for debt. On swearing that he has not property enough to pay the debt, he is set at liberty.— Poor law. That part of the law which relates to the public or compulsory relief of paupers. —Poor-law board. The English official body appointed under St. 10 & 11 Vict. c. 109, pass ed in 1847, to take the place of the poor-law commissioners, under whose control the general management of the poor, and the funds fqr their relief throughout the country, had been for some years previously administered. The poor law board is now superseded by the local gov ernment board, which was established in 1871 by St. 34 & 35 Vict. c. 70. 3 Steph. Comm. 49. —Poor-law guardians. See GUARDIANS OF THE POOR.— Poor rate. In English law. A tax levied by parochial authorities for the relief of the poor. POPE. The bishop of Rome, and supreme head of the Roman Catholic Church. 4 Steph. Comm. (7th Ed.) 168-185. POPE NICHOLAS' TAXATION. The first fruits (primitiw or annates) were the first year's profits of all the spiritual prefer ments in the kingdom, according to a rate made by Walter, bishop of Norwich, In the time of Pope Innocent II., and afterwards advanced in value In the time of Pope Nich olas IV. This last valuation was begun A. D. 1288, and finished 1292, and is still pre served in the exchequer. The taxes were regulated by it till the survey made in the twenty-sixth year of Henry VIII. 2 Steph. Comm. 567. POPERY. The religion of the Roman Catholic Church, comprehending doctrines and practices. POPULACE, or POPULACY. The Vul gar ; the multitude. POPULAR ACTION. An action for a statutory penalty or forfeiture, given to any such person or persons as will sue for it; an action given to the people in general. 3 Bl. Comm. 160. POPULAR SENSE. In reference to the construction of a statute, this term means that sense which people conversant with the subject-matter with which the statute is dealing would attribute to i t 1 Exch. Div. 248. POPULISCITUM. Lat. In Roman law. A law enacted by the people; a law passed by an assembly of the Roman people, In the comitia centuriata, on the motion of a sena tor; differing from a plebiscitum, in that the latter was always proposed by one of the tribunes. POPULUS. Lat. In Roman law. The people; the whole body of Roman citizens, including as well the patricians as the ple beians. PORCION. In Spanish law. A part or portion; a lot or parcel; an allotment of