Percolate

As used in the cases relating to the right of land-owners to use water on their premises, designates any flowage of sub-surface water other than that of a running stream, open, visible, clearly to be traced. Hosier v, Caldwell, sive; final; obligatory; that which does not admit of denial or dispute.

Peremptory challenge

A privilege allowed to a party to a cause or prosecution brought on for trial, of objecting to a person drawn as a juror, and having him excluded, without assigning any cause. See Challenge. Peremptory day. A day assigned for hearing in court, absolutely and without further request for postponement.

Peremptory mandamus

The second writ usually issued in cases of mandamus, q. V. After a mandamus has issued in the alternative, commanding-a party either to do a certain thing or to show reason for refusing, if he makes no return, or an insufficient one, there issues what is termed a peremptory mandamus, commanding the party to do the thing absolutely; to which no return will be admitted but a certificate of having obeyed.

Peremptory paper

A list of the causes which are enlarged at the request of the parties, or which stand over from press of business in court. In the courts of common pleas and exchequer, when a rule moved for in one term was drawn up to show cause in the next term, or was enlarged till the following term, it was the custom to place it in a paper called the peremptory paper. Certain days were allotted in these courts for taking the peremptory paper, usually the first five or six days in each term. Regularly, it was necessary for the party who desired to support or to show cause against the rule, to do so by counsel on the very day allotted to the rule in the peremptory paper; and, if he neglected to do so, the court would not, in favor of a mere technical objection, afterwards permit the rule to be opened and discussed. (3 Chitty Gen. Pract. 477.) Brown; Mozky Peremptory pleas. Pleas in bar are so termed in contradistinction to that class of pleas called dilatory pleas. The former, viz., peremptory pleas, are usually pleaded to the merits of the action, with the view of raising a material issue between the parties; whilst the latter class, viz., dilatory pleas, are generally pleaded with the view of retarding the plaintiff's proceedings, and not for the purpose of raising an issue upon which the parties may go to trial and dilatory pleas are said to be in abatement only. In English practice, the dilatory pleas are understood to be for the most part abolished, in civil cases, by the orders under the judicature acts.

Peremptory rule

An order of court which must be complied with promptly and fully, without argument in opposition. In former English practice, when a plaintiff in an action was not ready to declare within the time limited, and the defendant wished to compel him to do so, defendant might procure what was termed a peremptory rule to declare, which was in the nature of an order from the court, compelling the plaintiff to declare, under pain of judgment of non pros, being signed against him. By the common-law procedure act, a notice to declare was substituted for this rule of court.

Peremptory undertaking

An undertaking by a plaintiff to bring on a cause for trial at the next sittings or assises.

Lush Pr. 649.

Peremptory ■writ. This was an original writ, called a si te Jhcerit securum, from the words of the writ, which directed the sheriff to cause the defendant to appear in court, without any option given him, provided the plaintiff gave the sheriff security effectually to prosecute his claim. This writ was In use when nothing was specifically demanded, but only a satisfaction in general; as In the case of writs of trespass on the case, wherein no debt or other specific thing is sued for, but only damages, to be assessed by a jury.