Black's Law Dictionary

A domicile or fixed home, which the party may leave as his interest or whim may dictate, but which he has no present intention of abandoning. Dale v. Irwin. 78 111. 170; Moffett v.

One which issues its stock, not ali at once or in series, but at any time when application is made therefor. Cook v. Equitable B. & In Ass'n, 104 Ga. 814, 30 S. E. 911. As to perma

One intended to remain in force until the final termination of the particular suit. Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14.

One which consists of a series of acts, done on successive days, which are of the same nafure, and are renewed or continued from day to day, so that, in the aggregate, they make up

In Lat In old English law. By metes and bounds.

Lat By. threats. See Duress.

In old English law. By mischance. 4 Bl. Comm. 182. The same with per infortunium, (q. v.)

A license to do a thing; an authority to do an act which, without such authority, would have been unlawful.

Negations of law, arising either from the law's silence or Its express declaration. Ruth. Inst. b. 1, c. 1.

Allowed; allowable; that which may be done. —Permissive nse. See Use. —Permissive waste. See Waste.

See Use.

That kind of waste which is a matter of omission only, as by suffering a house to fall for want of necessary reparations. 2 Bl. Comm. 281; Willey v. Laraway, 64 Vt. 559, 25 Atl. 43

A license or Instrument granted by the officers of excise, (pr customs,) cortlfying that the duties on certain goods have been paid, or secured, and permitting their removal from s

L. Fr. By passing the right One of the modes by which releases at common law were said to inure was "per piittcr le droit," as where a person who had been disseised released to the

In Fr. By passing the estate. At common law, where two or more are seised, either by deed, devise, or descent, as joint tenants or coparceners of the same estate, and one of them r

Lat In the civil law. Exchange; barter. Dig. 19, 4.

The exchange of one movable subject for another; barter.

A writ to an ordinary, commanding him to admit a clerk to a benefico upon exchange made with another. Reg. Grig. 307.

In Fr. By the half and by the whole. A phrase descriptive of the mode in which joint tenants hold the joint estate, the effect of which, technically considered, is that for purpose

Taking; a taking or receiving ; as of the profits of an estate. Actual pernancy of the profits of an estate is the taking, perception or receipt of the rents and other advantages a

He who receives the profits of lands, etc.; he who has the actuui pernancy of the profits.

In Fr. A taker. Le per-nour ou le detenour, the inker or the detainee, Britt c. 27.

Trial by the country; i. e., by jury.

L. Lat A purpart; a part of the inheritance.

Generally, this term denotes the person who actually commits a crime or delict or by whose immediate agency it occurs. But, where a servant of a railroad company is killed through

Never ceasing; continuous; enduring; lasting; unlimited in respect of time; continuing without intermission or interval. See Scanlan v. Crawshaw, 5 Mo. App. 337. —Perpetual edict.

The office of & curate in a parish where there is no spiritual rector or vicar, but where a clerk (curate) is appointed to officiate there hr the impropriator. 2 Burn, Ecc. Law, 55

In Roman law. Originally the term "perpetual" was merely opposed to "occasional" and was used to distinguish the general edicts of the pnetors from the special edicis or outers whi

It is a perpetual law that no human and positive law can be perpetual, and a clause [in a law] which precludes the power of abrogation is void ab initio. Ban. Max. p. 77, in reg. 1

Opposed to an injunction ad interim; an injunction which finally disposes of the suit, and is indefinite in point of time. Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14; De Florez

A lease of lands which may last without limitation as to time ; a grant of lands in fee with the reservation of a rent in fee ; a fee-farm. Edwards v. Noel, 88 Mo. App. 434.

One which is to remnin in force without limitation as to lime; one which contains no provision for its repeal, abrogation, or expiration at any future time.

That continuous existence which enables a corporatiod to manage its affnirs, and hold property without the necessity of perpetual conveyances, for the purpose of transmitting it. B

A proceeding for taking and preserving the testimony of witnesses, which otherwise might be lost before the trial in winch it is intended to be used. It is usually allowed whore th

A future limitation, whether executory or by way of remainder, and of either real or personal property, which is not to vest until after the expiration of or will not necessarily v

That fiction of the English law which for certain polltical purposes ascribes to the king in his political capacity the attribute of immortall-ty; for, though the reigning monarch

By proxy; by one acting as an agent with special powers; as under a letter of attorney. These words "give notice to all persons that the agent is acting under a special and limited

In its most extensive sense, "perquisites" signifies anything obtained by industry or purchased with money, different from that which descends from a father or ancestor. Bract 1. 2

Purchase. Acquisition by one's own act or agreement, and not by descent.

In old English law. A purchaser; one who first acquired an estate to his family; one who acquired an estate by sale, by glft or by any other method, except ouiy that of descent 2 B

Lat. Whereby. When the declaration in an action of tort, after stating the acts complained of, goes on to allege the consequences of those acts as a ground of special damage to the

Lat. In old pleading. Whereby he lost the company [of his wlfe.] A phrase used in the old declarations in actions of trespass by a husband, for beating or ill using his wife, descr

Lat In old pleading. Whereby he lost the service [of his servant] A phrase used in the old declarations in actions of trespass by a master, for beating or ill using his servant, de

Lat. A rent action by which the grantee of a seigniory coutd compel the tenants of the grantor to attorn to himself. It was abolished by St. 3 & 4 Wm. IV. C. 27, § 35.

Litt. § 386. By reasoning we come to true reason.

It is in the nature of things that he who denies a fact is not bound to give proof.

Lat. By a leap 'or bound; by a sudden movement; passing over certain proceedings. 8 East, 51L

Lat. By himself or Itself; in itself; taken alone; inherently; in isolation; unconnected with other matters.

Lat. In the civll law. A followlug after; a pursuing at law; a suit or prosecution. Properly that kind of judicial proceedlug bsfore the prætor which was called "extraordinary." In

Lat. In the civll law. To follow after; to pursue or claim in form of law. An action is called a "jus persequendi."

Lat. In Roman law. The sale per æs et libram (with copper and scales) was a ceremony used in transferring res mancipi, in the emancipation of a son or slave, and in one of the form

A man considered according to the rank he bolds in society, with all the rights to which the place he bolds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137. A

Lat In the civil law. Character, in virtue of which cortain rights belong to a man and certain duties are imposed upon him. Thus One man may unite many characters, {personae,) as,

Having the rights and powers of a person; able to hold or maintain a pica in court; also capacity to take anything granted or given.

A personal connection [literally, a united person, union with a person] is equivalent to one's own interest; nearness of blood is as good a consideration as one's own interest. Bac

A person pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.

The parson or personation of the church.

A person is a man considered with reference to a certain status. Heinecc. Elem. 1. 1, tit 3, § 75.

Appertaining to the person; belonging to an individual; limited to the person; having the nature or partaking of the qualities of human beings or of movable property. As to persona

In the civil law. An action in personam. A personal action seeks to enforce an obligation imposed on the defendant by his contract or delict; that is, it is the contention that he

Chattels, money, and other personal property belonging to a bankrupt, insolvent, or decedent estate, which go to the assignee or executor.

Things movable which mav be annexed to or attendant on the person of the owner, and carried about with him from one part of the world to another. 2 BL Comm. 387.

That credit which a person possesses as an individual, and which is founded on the opinion entertained of his character and business standing.

A demand for payment of a bill or note, made upon the drawer, acceptor, or maker, in person. See 1 Daniel, Neg. Inst. § 589.

A franchise of corporate existence, or one which authorizes the formation and existence of a corporali on, is sometimes calied a "personal" franchise, as distinguished from a "prop

Personal things follow the person. Flanders v. Cross, 10 Cush. (Mass.) 516.

A hurt or damage done to a man's person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation. The phrase is chief

Lat In the civil law. A personal action; au action against the person, (in personam.) Dig. 50, 16, 178, 2. In old English law. A personal action. In this sense, the term was borrow

In old English law. Personally; in person.

In modem civil law. The incidence of a law or statute upon persons or that quality which makes it a personal law rather than a real law. "By the personality of laws, foreign jurist

One imposing on the defendant a personal liability to pay it, and which may therefore be satisfied out of any of his property which is within the reach of process, as distinguished

Knowledge of the truth in regard to a particular fact or allegation, which is original, and does not depend on information or hearsay. Personal knowledge of an allegation in an ans

the law applicable to persons not subject to the law of the territory in which thejr reside. It is only by permission of the territorial law that personal law can exist at the pres

The liability of the stockholders in corporations, under certain statutes, by which they may be held individually responsible for the debts of the corporation, either to the extent

The right or power of locomotion ; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by

Communication or notice orally or in writing (according to the circumstances) directly to the person affected or to be charged, as distinguished from Constructive or implied notice

Property of a personal or movable nature, as opposed to property of a local or immovable character, (such as land or houses,) the latter being calied "real property." This term is

A species of action to replevy a man out of prison or out of the custody of any private person. It took the place of the old writ de homine replegiando; but, as a means of examinin

This term, in its commonly accepted sense, means executors and administrators; but it may have a wider meaning, according to the intention of the person using it, and may include h

(1) A person's legal and uninterrupted enjoyment of his life, his limbs, his bsdy, his health, and his reputation. 1 Bl. Comm. 129. Sanderson v. Hunt, 25 Ky. Law Rep. 626, 76 S. W.

Personal service of a writ or notice is made by delivering it to the person named, in person, or handing him a copy and informing him of the nafure and terms of the original. Leavi

In foreign and modem civil law. Those statutes which have principally for their object the person, and treat of property only incidentally. Story, Confl. Laws, § 13. A personal sta

This term may mean either a tax imposed on the person without reference to property, as, a capitation or poll tax, or a tax imposed on personal property, as distinguished from one

Finch, Law, b. 1, c. 3, n. 14.

Finch, Law, b. 1, c. 3, n. 15.

Finch, Law, hi 1, c. 3, n. 16.

tithes paid of such profits as come by the labar of a man's person ; as by buying and selling, gains of merchandise, and handicrafts, etc. Tomlins. Defined under Tithes in Black's

One involving or consisting in an injury to the person or to the reputation or feelings, as distinguished from an injury or damage to real or personal property, called a "property

Personal property; movable property; chattels. An abstract of personal. In old practice, an action was said to be in the personalty, where it was brought against the right persen o

One avnilable in personal actions, and arising from the obligation which one has contracted to pay the whole or part of a debt due by another to a third person. Flanders v. Seelye,

In international law and diplomatic usage, a person not acceptable (for reasons peculiar to himself) to the court or government to which it is proposed to accredit him in the chara

Jenk. Cent. 160. The person of duke merges In that of king. '

Capacity of standing in court or in judgment; capacity to be a party to an action; capacity or ability to sue.

In criminal law. To assume the person (character) of another, without his consent or knowledge, in order to deceive others, and, in such feigned character, to fraudulently do some

In Spanish law. An attorney. So called because he represents the person ot another, either in or out of court. Las Partidas, pt. 3, tit 5, 1. 1.

Fr. A person. This term is applicable to men and women or to either. Civ. Code Lat art. 3522, § 25.

Towns and boroughs act as lf persens. Warner v. Beers, 23 Wend. (N. Y.) 103, 144.

1 Co. Litt. 16. Plain truths need not be proved.

Lat By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intes

To persuade is to induce to act. Persuading is inducing others to act. Crosby v. Hawthorn, 25 Ala. 221; Wilson v. Sinte, 38 Ala. 411; Nash v. Douglass, 12 Abb. Prae. (N. S.) (N. Y.