英文法律词典 P-63
PLACE OF BUSINESS. The place where a man usually transacts his affairs or business. When a man keeps a store, shop, counting room or office, independently and distinctly from all other persons, that is deemed his place of business 3 and when he usually transacts his business at the counting house, office, and the like, occupied and used by another, that will also be considered his place of business, if he has no independent place of his own. But when he has no particular right to use a place for such private purpose, as in an insurance office, in exchange room, banking room, a post office, and the like, where persons generally resort, these will not be considered as the party's place of business, although he may occasionally or transiently transact business there. 2 Pet. R. 121; 10 John. 501; 11 John. 231; 1 Pet. S. C. R. 582; 16 Pick. 392. 2. It is a general rule that a notice of the non-acceptance or non-payment of a bill, or of the non-payment of a note, may be sent either to the domicil or place of business of the person to be affected by such notice, and the fact that one is in one town and the other in the other will make no difference, and the holder has his election to send to either. A notice to partners may be left at the place of business of the firm or of any one of the partners. Story on Pr. Notes, §312. PLACITUM. A plea. This word is nomen generalissimum, and refers to all the pleas in the case. 1 Saund. 388, n. 6; Skinn. 554; S. C. earth. 834; Yelv. 65. By placitum is also understood the subdivisions in abridgments and other works, where the point decided in a case is set down, separately, and generally numbered. In citing, it is abbreviated as follows: Vin. Ab. Abatement, pl. 3. 2. Placita, is the style of the English courts at the beginning of the record of Nisi Prius; in this sense, placita are divided into pleas of the crown, and common pleas. 3. The word is used by continental writers to signify jurisdictions, judgments, or assemblies for discussing causes. It occurs frequently in the laws of tae Longobards, in which there is a title de his qui ad, placitum venire coguntur. The word, it has been suggested, is derived from the German platz, which signifies the same as area facta. See Const. Car. Mag. Cap. IX. Hine-mar's Epist. 227 and 197. The common formula in most of the capitularies is "Placuit atque convenit inter Francos et corum proceres," and hence, says Dupin, the laws themselves are often called placita. Dupin, Notions sur le Droit, p. 73. PLAGIARISM. The act of appropriating the ideas and language of another, and passing them for one's own. 2. When this amounts to piracy the party who has been guilty of it will be enjoined, when the original author has a copyright. Vide Copyright; Piracy; Quotation; Pard. Dr. Com. n. 169. |