KFLCC Kingdom Law 2nd Ed.

PORTORIA

915

POSSESSIO FRATRIS DE FEODO

sometimes in inland towns also. Cowell; Blount In the civil law. Duties paid in ports on merchandise. Taxes levied in old times at city gates. Tolls for passing over bridges. An auction; a public sale of goods to the highest bidder; also a sale of fish as soon as it is brought into the haven. Cowell. The suburbs of a city, or any place within its ju risdiction. Somner; Cowell. Portns est loons in qno ezportantur et importantnr meroes. 2 Inst. 148. A port is a place where goods are exported or im ported. Laid down, enacted, or pre scribed. Express or affirmative. Direct, ab solute, explicit. As to positive "Condition," "Evidence," "Fraud," "Proof," and "Servitude," see those titles. Law actually and spe cifically enacted or adopted by proper au thority for the government of an organized jural society. "A 'law,' in the sense in which that term is employed in jurisprudence, is enforced by a sovereign political authority. It is thus dis tinguished not only from all rules which, like the principles of morality and the so-called laws of honor and of fashion, are enforced by an in determinate authority, but also from all rules enforced by a determinate authority which is either, on the one hand, superhuman, or, on the other hand, politically subordinate. In order to emphasize the fact that 'laws,' in the strict sense of the term, are thus authoritatively im posed, they are described as positive laws." Holl. Jur. 37. PORTORIA. PORTSALE. In old English law. PORTSOKA, or PORTSOKEN. POSITIVE. POSITIVE LAW. "That was a rule positivi juris; I do not mean to say an unjust one." Lord Ellen borough, 12 East, 639. Posito nno oppositorum, negatur al teram. One of two opposite positions being affirmed, the other is denied. 3 Rolle, 422. Lat. A possibility. A thing is said to be in posse when it may possibly be; in esse when it actually is. POSSE COMITATUS. Lat. The power or force of the county. The entire pbpulation of a county above the age of fifteen, which a sheriff may summon to his assistance in cer tain cases; as to aid him in keeping the peace, in pursuing and arresting felons, etc. 1 Bl. Comm. 343. See Com. v. Martin, 7 Pa. Dist R. 224. To occupy in person; to have in one's actual and physical control; to have POSSE. POSSESS. POSTIVI JURIS. Lat. Of positive law.

the exclusive detention and control of; also to own or be entitled to. See Fuller v. Ful ler, 84 Me. 475, 24 Atl. 946; Brantly v. Kee, 58 N. C. 337. POSSESSED. This word is applied to the right and enjoyment of a termor, or a person having a term, who is said to be pos sessed, and not seised. Bac. Tr. 335; Poph. 76; Dyer, 369. POSSESSIO. La t In the civil law. That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. This condition of fact is called "detention," and it forms the substance of possession in all its varieties. Mackeld. Rom. Law, § 238. "Possession," in the sense of "detention," is the actual exercise of such a power as the own er has a right to exercise. The term "possessio" occurs in the Roman jurists in various senses. There is possessio simply, and possessio civilis, and possessio naturalis. Possessio denoted, originally, bare detention. But this detention, under certain conditions, becomes a legal state, inasmuch as it leads to ownership, through usucapio. Accordingly, the word "possessio," which required no qualification so long as there was no other notion attached to possessio, re quires such qualification when detention be comes a legal state. This detention, then, when it has the conditions necessary to usucapio, is called "possessio civilis;" and all other posses sio as opposed to civilis is naturalis. Sandars, Just. Inst. 274. Wharton. In old English law. Possession; seisin. The detention of a corporeal thing by means of a physical act and mental intent, aided by some support of right Bract fol. 386. —Pedis possessio. A foothold; an actual pos session of real property, implying either actual occupancy or enclosure and use. See Lawrence v. Fulton, 19 Cal. 690; Porter v. Kennedy, 1 McMul. (S. C.) 357.—Possessio bona fide. Possession in good faith. Possessio mala fide, possession in bad faith. A possessor bona fide is,one who believes that no other person has a better right to the possession than himself. A possessor mala fide is one who knows that he is not entitled to the possession. Mackeld. Rom. Law, § 243.— Possessio bonomm. In the civil law. The possession of goods. More commonly termed "bonorum possessio," (g. v.) —Possessio civilis. In Roman law. A legal possession, t. e., a possessing accompanied with the intention to be or to thereby become owner; and, as so understood, it was distinguished from "possessio naturalis," otherwise called "nuda detentto," which was a possessing without any such intention. Possessio civilis was the basis of usucapio or of longi temporis possessio, and was usually (but not necessarily) adverse pos session. Brown.— Possessio fratris. The possession or seisin of a brother; that is, such possession of an estate by a brother as would entitle his sister of the whole blood to succeed him as heir, to the exclusion of a half-brother. Hence, derivatively, that doctrine of the older English law of descent which shut out the half blood from the succession to estates; a doctrine which was abolished by the descent act, 3 & 4 Wm. IV. c 106 See 1 Steph. Comm. 385; Broom, Max. 532.—Possessio longi tempor is. See USUCAPIO.— Possessio naturalis. See POSSESSIO CIVILIS.

Possessio fratris de feodo simplioi facit sororem esse haeredem. The brother's pos-