KFLCC Kingdom Law 2nd Ed.

926

PR-ESUMPTIO

PR3EN0MEN

Prsesentare nibil aliud est quam prse sto dare sen offere. To present is no more than to give or offer on the spot Co. Lltt 120. Prsesentia corporis tollit errorem no minis; et Veritas nominis tollit errorem demonstrationis. The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, 639, 640. PROSES. Lat. In Roman law. A presi dent or governor. Called a "nomen gen erate," including pro-consuls, legates, and all who governed provinces. In Roman law. "Prcestare" meant to make good, and, when used in conjunction with the words "dare," "facere," "oportere," denoted obligations of a personal character, as opposed to real rights. Pre vention is better than cure. Co. Litt 3046. Praesumatur pro justitia sententise. The presumption should be in favor of the justice of a sentence. Best, Ev. Introd. 42. The presumption is In favor of legitimacy. 1 BL Comm. 457; 5 Coke, 98&. It is pre sumed for the negative. The rule of the house of lords when the numbers are equal on a motion. Wharton. Presumption; a presumption. Also intrusion, or the unlaw ful taking of anything. —Prsesumptio fortior. A strong presump tion ; a presumption of fact entitled to great weight. One which determines the tribunal in its belief of an alleged fact, without, however, excluding the belief of the possibility of its be ing otherwise; the effect of which is to Bhift the burden of proof to the opposite party, and, if this proof be not made, the presumption is held for truth. Hub. Prsel. J. C. lib. 22, tit 3, n. 16; Burrill, Circ. Ev. 66.—Prsesumptio hominis. The presumption of the man or in dividual ; that is, natural presumption unfet tered by strict rule.—Prsesumptio juris. A legal presumption or presumption of law; that is, one in which the law assumes the existence of something until it is disproved by evidence; a conditional, inconclusive, or rebuttable pre sumption. Best, Ev. § 43.—Prsesumptio juris et de jure. A presumption of law and of right; a presumption which the law will not suffer to be contradicted; a conclusive or ir rebuttable presumption.—Prsesumptio mu ciana. In Roman law. A presumption of law that property in the hands of a wife came to her as a gift from her husband and was not acquired from other sources; available only in doubtful cases and until the contrary is shown. See Mackeld. Rom. Law, § 560. PROSTARE. Lat. Frsestat oautela quam medela. Prsesumitur pro legitimatione. Prsesumitur pro negante. PROSUMPTIO. Lat

the offense called "praemunire" being the in troduction of a foreign power into the king dom, and creating imperium in imperio, by paying that obedience to papal process which constitutionally belonged to the king alone. The penalties of praemunire were afterwards applied to other heinous offenses. 4 BL Comm. 103-117; 4 Steph. Comm. 215-217. FRiENOMEN. Lat. Forename, or first name. The first of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly written with one letter; as "A." for "Au lus;" "O." for "Oaius," etc. Adams, Rom. Ant 35. In old English law. An officer next in authority to the alderman of a hundred, called "propositus regius;" or a steward or bailiff of an estate, answering to the "wicnere." Also the person from whom descents are traced under the old canons. —Propositus ecclesiae. A church-reeve, or warden. Spelman.—Propositus villae. A constable of a town, or petty constable. Prsepropera consilia raro sunt pros pera. 4 Inst 57. Hasty counsels are rarely prosperous. PR2ESCRIPTIO. Lat. In the-civil law. That mode of acquisition whereby one be comes proprietor of a thing on the ground that he has for a long time possessed it as his own; prescription. . Dig. 41, 3. It was anciently distinguished from "usucapio," {q. vj but was blended with it by Justinian. Prsescriptio est titulus ex usu et tem pore substantiam capiens ab auctori tate legis. Co. Litt 113. Prescription is a title by authority of law, deriving its force from use and time. Prsescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modnm aetionis instituendse. Pre scription and execution do not affect the va lidity of the contract, but the time and man ner of bringing an action. Pearsall v. Dwight, 2 Mass. 84, 3 Am. Dec. 35; Decouche y. Savetier, 3 Johns. Ch. (N. Y.) 190, 219, 8 Am. Dec. 478. In Roman law. Forms of words (of a qualifying char acter) inserted in the formulce in which the claims in actions were expressed; and, as they occupied an early place in the formulce, they were called by this name, i. e., qualifica tions preceding the claim. For example, in an action to recover the arrears of an an nuity, the claim was preceded by the words "so far as the annuity is due and unpaid," or words to the like effect, ("cujus rei dies fuit") Brown. PROPOSITUS. PROSCRIPTIONS. Lat

Prsesumptio, ex eo quod plerumque fit. Presumptions arise from what general-