KFLCC Kingdom Law 2nd Ed.

POTEST QUIS RENUNCIARE

921

POURPRESTURE

States, in computing money, before the intro duction of the federal coinage. —Pound breach. The act or offense of break ing a pound, for the purpose of taking out the cattle or goods impounded. 3 Bl. Comm. 12,- 146; State v. Young, 18 N. H. 544.— Pound keeper. An officer charged with the care of a pound, and of animals confined there.— Pound of land. An uncertain quantity of land, said to be about fifty-two acres. POUNDAGE. In practice. An allow ance to the sheriff of so much in the pound upon the amount levied under an execution. Bowe v. Campbell, 2 Civ. Proc. R. (N. Y.) 234. The money which an owner of animals im pounded must pay to obtain their release. In old English law. A subsidy to the value of twelve pence in the pound, granted to the king, of all manner of merchandise of every merchant as well denizen as alien, either exported or imported. Cowell. POUR ACQUIT. Fr. In French law. The formula which a creditor prefixes to his signature when he gives a receipt. POUR COMPTE DE QUI EL APPART IENT. Fr. For account of whom it may concern. POUR FAIRE PROCLAIMER. L. Fr. An ancient writ addressed to the mayor or bailiff of a city or town, requiring him to make proclamation concerning nuisances, etc. Fitzh. Nat Brev. 176. POUR SEISIR TERRES. L, Fr. An ancient writ whereby the crown seized the land which the wife of its deceased tenant who held in capite, hack for her dower, if she married without leave. It was grounded on the statute Be Prwrogativa Regis, 7, (17 Edw. II. St. 1, c. 4.) It is abolished by 12 Car. II. c. 24. POURPARLER. Fr. In French law. The preliminary negotiations or bargainings which lead to a contract between the parties. As in English law, these form no part of the contract when completed. The term is also used in this sense in international law and the practice of diplomacy. is to divide and sever the lands that fall to par ceners, which, before partition, they held jointly and pro indiviso. Cowell. POURPRESTURE. An inclosure. Any thing done to the nuisance or hurt of the public demesnes, or the highways, etc., by inclosure or building, endeavoring to make that private which ought to be public. The difference between a pourpresture and a pub lic nuisance is that pourpresture is an in vasion of the jus privatum of the crown; but where the jus publicum is violated it is a POURPARTY. To make pourparty

Bignment, or sale. See Campbell v. Grant Co., 36 Tex. Civ. App. 641, 82 S. W. 796; Dickey v. Waldo, 97 Mich. 255, 56 N. W. 608, 23 L. R. A. 449; Cole v. Kerr, 19 Neb. 553, 26 N. W. 598; Long v. Hines, 40 Kan. 220, 19 Pac. 796, 10 Am. St Rep. 192. Potest quis renunciare pro se et suis juri quod pro se introductum est. Bract 20. One may relinquish for himself and his heirs a right which was introduced for his own benefit. POTESTAS. Lat In the civil law. Power; authority; domination ; empire. lm perium, or the jurisdiction of magistrates. The power of the father over his children, patria potestas. The authority of masters over their slaves. See Inst 1, 9, 12; Dig. 2, 1, 13, 1; Id., 14, 1; Id. 14, 4, 1, 4. Potestas stricte interpretatnr. A pow er is strictly interpreted. Jenk. Cent p. 17, case 29, in marg. Potestas suprema seipsum dissolvere potest, ligare non potest. Supreme power can dissolve [unloose] but cannot bind itself. Branch, Princ.; Bacon. Potior est conditio defendentis. Better is the condition of the defendant, [than that of the plaintiff.] Broom, Max. 740; Cowp. 343; Williams v. Ingell, 21 Pick. (Mass.) 289; White v. Franklin Bank, 22 Pick. (Mass.) 186, 187; Cranson v. Goss, 107 Mass. 440, 9 Am. Rep. 45. POTWALIOPEB. A term formerly ap plied to voters in certain boroughs of Eng land, where all who boil (wallop) a pot were entitled to vote. Webster. POULTRY COUNTER. The name of a prison formerly existing in London. See COUNTEB. POUND. 1. A place, inclosed by public authority, for the temporary detention of stray animals. Harriman v. Fifield, 36 Vt. 345; Wooley v. Groton, 2 Cush. (Mass.) 308. A pound-over* is said to be one that is open overhead; a pound-cover* is one that is close, or covered over, such as a stable or other build ing. 2. A measure of weight. The pound avoir dupois contains 7,000 grains; the pound troy 5,760 grains. In New York, the unit or standard of weight, from which all other weights shall be derived and ascertained, is declared to be the pound, of such magnitude that the weight of a cubic foot of distilled water, at its maximum density, weighed in a vacuum with brass weights, shall be equal to sixty-two and a half such pounds. 1 Rev. St. N. Y. p. 617, § 8. 3. "Pound" Is also the name of a denomi nation of English money, containing twenty •hillings. It was also used in the United