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Posse
PosseThis word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse. RELATED TERMS-------------------------------------- Word Construction. One or more syllables which when united convey an idea a single part of speech. Possibility An uncertain thing which may happen; or it is a contingent interest in real or personal estate. Example An example is a case put to illustrate a. principle. Posse This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Express That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. SIMILAR TERMS-------------------------------------- Posse comitatus These Latin words signify the power of the county. Possessed This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized. Possessio fratris The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Possessor He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own. Possessory action Old English law. A reall action in which the plaintiff called the demandant, sought to recover the possession of lands, tenements, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious methods of trying titles by other actions, it has been laid aside. Possessory liens At common law, the right of a bailee to retain property in his possession belonging to another until certain claims of the bailee in possession are satisfied. The common carrier thus had a possessory lien for freight (supra), which was strictly possessory and was lost when the cargo was delivered unconditionally. This lien was recognized by English admiralty law, as well as the possessory liens of salvors and repairmen. Possessory liens are also recognized in the United States. The civil law equivalent of the possessory lien is the right of retention. Possibility An uncertain thing which may happen; or it is a contingent interest in real or personal estate. PREVIOUS AND NEXT TERMS-------------------------------------- Portoria Civil law. Duties paid in ports on merchandise. Port-reeve English law. In some places in England an officer bearing this name is the chief magistrate of a port-town. Portsales Auctions were anciently so called, because they took place in ports Positive Express; absolute; not doubtful. This word is frequently used in composition. Positive law Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. Posse Posse comitatus These Latin words signify the power of the county. Possessed This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized. Possessio fratris The brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Possessor He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own. We thank you for using the Juridical Dictionary to search for Posse. If you have a better definition for Posse than the one presented here, please let us know by making use of the suggest a term option. This definition of Posse may be disputed by other professionals. Our attempt is to provide easy definitions on Posse and any other medical topic for the public at large.
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