The Cyclopedic Law Dictionary

An action for recovery of statute penalty; "penalty" in this case being used in its narrowest sense of a pecuniary punishment for a noncriminal act. 3 Steph. Comm. 535. See Hawk. P

Laws imposing a penalty; the term being used, like "penalty," in several senses.

Those which inflict a penalty for the violation of some of their provisions.

A sum payable as a penalty. Usually applied to the sum fixed by a bond to be paid on breach of its condition.

The punishment inflicted by law for an illegal act. The term is used loosely to embrace all the consequences visited by law on those who violate police regulations. 26 Mich. 482. I

In ecclesiastical law. An ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense. Ayliffe, Par. 420.

The state of being pending or undecided. PENDENS (Lat. from pendere, to hang). Hanging; pending. See "Lis Pendens." PENDENTE LITE (Lat.) Pending the continuance of an action while

During a litigation, nothing should be changed. Co. Litt. 344. See 20 How. (U. S.) 106; Cross, Liens, 140; 1 Story, Eq. Jur. §406; 2 Johns. Ch. (N. Y.) 441; 6 Barb. (N. Y.) 33. PEN

As applied to judicial proceedings, remaining undecided (4 N. H. 386), and an action has been held to be pending till the judgment is satisfied (41 N. Y. 159).

In criminal law. In rape and some other sexual crimes, actual carnal knowledge is requisite, but the slightest penetration is sufficient (102 N. Y. 234), it being enough if any par

A prison in which persons convicted of serious offenses (felonies), or sentenced for long terms of imprisonment, are confined.

A troy weight which weighs twenty-four grains, or one-twentieth part of an ounce. PENSA "(Law Lat. from Lat. pendere, to weigh). In Old English Law. A weight. Ad pensam, by weight.

A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country. It is sometimes loose

One who is supported by an allowance at the will of another. It is more usually applied to him who receives an annuity or pension from the government.

The holding of any person to service or labor against his will. Prohibited by U. S. Rev. St. § 1990.

In Spanish law. A portion of land which was formerly given to a simple soldier on the conquest of a country. It is now a quantity of land of different size in different provinces.

A state; as, the people of the state of New York. A nation in its collective and political capacity. 4 Term R. 783. See 6 Pet. (U. S.) 467. The word "people" occurs in a policy of

A dried pepper berry. In England, the payment of a peppercorn is sometimes stipulated where a nominal consideration is intended.

In Latin phrases. A preposition meaning by or through. PER AES ET LIBRAM (Lat. aes, brass, libram, scale). In civil law. A sale was said to be made per aes et libram when one calle

The act of walking over and about the boundaries of a district manor, parish, or piece of land with or without witnesses, either for the purpose of determining them, or of preservi

WRIT de. In English law. The name of a writ which is sued by consent of both parties when they are in doubt as to the bounds of their respective estates. It is directed to the sher

When a writ of entry is brought against a second alienee or descendant from the disseisor, it is said to be in the per and cvA, because the form of the writ is that the tenant had

To come in in the per is to claim by or through the person last entitled to an estate; as the heirs or assigns of the grantee. To come in in the post is to claim by a paramount and

The length of sixteen feet and a half; a pole or rod of that length. Forty perches in length and four in breadth make an acre of land.

Flowing, seeping, or moving subterraneous waters. contempt in not yielding obedience to the process of the king's courts, is outlawed, and afterwards, of his own accord, surrenders

By consequence; consequently. Y. B, M. 9 Edw. III. 8.

In old practice. By the consideration (judgment) of the court. Y, B. M. 1 Edw. 11. 2. PER CURIAM (Lat. by the court). A phrase which occurs in all the reports. It is sometimes tran

Absolute; positive. A final determination to act without hope of renewing or altering. Joined to a substantive, this word is frequently used in law; as, peremptory action (Pitzh. N

A challenge without cause given, allowed to prisoner's counsel in criminal cases, up to a certain number of jurors. 11 Chit. Stat. 59, 689; 2 Harg. St. Tr. 808; 4 Harg. St.

A defense ■which insists that the plaintiff never had the right to institute the suit, or that, if he had, the original right is extinguished or determined. 4 Bouv. Inst, note 4206

Any defense which denies • entirely the ground of action. 1 White, New Recop. 283. So of a demurrer. 1 Tex. 364.

A binding instruction by the court to the jury. Usually the direction of a verdict.

A mandon mus requiring a thing to be done absolutely. It is usually granted after failure to show satisfactory cause on an alternative mandamus. No other return will be permitted b

An involuntary nonsuit. See "Nonsuit."

A list of the causes which were enlarged at the request of the parties, or which stood over from press of business in court to a day which was specified in the paper, and which day

A plea which goes to destroy the right of action itself; a plea in bar or to the action. 3 Steph. Comm. 576; 3 Wooddeson, Lect. 57; 2 Saund. PI. & Ev. 645; 3 Bouv. Inst, note 2891.

An absolute rule, as distinguished from a rule nisi.

An original writ, called from the words of the writ a "si te fecerit seeurum," and which directed the sheriff to cause the defendant to appear in court without any option given him

By the same. This phrase is commonly used to express "by, or from the mouth of, the same judge." So "per eundem in eadem" means "by the same judge in the same case."

In old practice. At length. PER FORMAM DONI (Lat, by the form of the gift.) According to the line of descent prescribed in the conveyance of the ancestor or donor of estate tail. 2

Complete. This term is applied to rights and obligations in order to distinguish those which may be enforced by law, which are called "perfect,". from those which cannot be so enfo

An abstract is said to be perfect where it shows a complete title, 2 Hare. 111,_ that is, when it shows that a vendor is either himself competent to convey, or can otherwise procur

Justification of ball. See "Justifying Bail." PERFECTUM EST GUI NIHIL DEEST secundum suae perfectionis vel naturae modum. That is perfect which wants nothing according to the measu

One which la enforceable by law.

A title which Is good both at law and in equity. 21 Conn. 449. See "Merchantable Title."

An executed trust (g. v.).

The act of one who has engaged his faith to do a thing, and does not do it, but does the contrary. Wolflf. § 390.

Such a fulfillment of an obligation as puts an end thereto by leaving nothing more to be done. PERICULOSUM EST RES NOVAS ET INusitatas inducere. It is dangerous to introduce new an

NONdum traditae, est emptorls. The purchaser runs the risk of the loss of a thing sold, though not delivered. 1 Bouv. Inst, note 939; 2 Kent, Comm. 498, 499; 4 Barn. & C. 481, 941.

Danger; the accident by which a thing is lost. Lee. Elm. § 911. In Insurance. The risk, contingency, or cause of loss insured against in a policy of insurance.

A term used in respect to river navigation in the United States, and having the same significance as "perils of the sea." 8 Ala. 176.

One of the perils insured against in marine insurance, and from which bills of lading usually exempt the carrier. It signifies "all marine casualties resulting from the violent act

Through inadvertence. 35 Eng. Law & Eq. 302. PER INFORTUNIUM (Lat. by misadventure). In criminal law. Homicide per infortunium, or by misadventure, is said to take place when a man

A space of time; any portion of complete time. "The word 'period' has its etymological meaning, but it also has a distinctive signification, according to the subject with which it

Circumlocution; the use of other words to express the sense of one. Some words are so technical in their meaning that, in charging offenses in indictments, they must be used, or th

Goods which are lessened in value and become worse by being kept.

Perishable property in its most enlarged sense, would mean all personal, as distinguished from teal property; whilst in its most restricted sense, it would only mean such personal

Perjury at common law is the willful and corrupt taking of a false oath in a judicial proceeding in regard to a matter material to the issues. 1 Hawk, P. C. c. 69, § 1; 4 Bl. Comm.

By the law of England; by the curtesy. Fleta, lib. 2, c. 54, § 18. PER LEGEM TERRAE (Lat.) By the law of the land; by indictment or presentment of good and lawful men. 7 111. 519.

Permanent alimony is a provision for the support and maintenance of a wife out of her husband's estate during her lifetime, ordered by a court on decreeing a divorce. 188 Mich. 195

Permanent improvements are not necessarily everlasting in character, but are such as rest upon, or are attached to, the soil, are reasonably enduring and not intended for removal a

A trespass consisting of trespasses of one and the same kind, committed on several days, which are in their nature capable of renewal or continuation, and are actually renewed or c

Leave or license to do any act. It ordinarily implies consent actually given (105 111. 658), but has been held to mean "allow," by not prohibiting (9 Allen [Mass.] 266).

Allowed; that which may be done; as, permissive waste, which is the

A passive use which was resorted to before the statute of uses, in order to avoid a harsh law; as that of mortmain or a_ feudal forfeiture. It was a mere invention in order to evad

Waste suffered by omission of care, not by actual depredation; the mere neglect or omission to do what will prevent injury, as, to suffer a house to go to decay for want of repairs

A license or warrant to do something not forbidden by law; as, to land goods imported into the United States, after the duties have been paid or secured to be paid. Act Cong. March

In civil law. Exchange; barter. This contract is formed by the consent of the parties; but delivery is indispensable, for without it, it is a mere agreement. Dig. 31. 77. 4; Code,

A writ commanding an ordinary to admit a clerk on exchange of benefices. PERNANCY (from Fr. prendre, to take). A taking or receiving. PERNOR (from Law Fr. pamour, or pernour, q. v.

He who receives the profits of lands, etc. A cestui que use, who is legally entitled and actually does receive the profits, is the pernor of profits. PERNOUR (Law Fr.) A taker. Lep

That which Is to last without limitation as to time; as, a perpetual statute, which is one without limit as to time, although not expressed to be so.

The office of a curate, in a parish where there is no spiritual rector or vicar, but where the curate is appointed to officiate for the time by the impropriator. 2 Burn, Ecc. Law,

NULLAM LEGEM humanam ac positivam perpetuam esse; et clausula quae abrogatlonem excludit ab Initio non valet. It is a perpetual law that no human or positive law can be perpetual;

Opposed to an injunction ad interim; an injunction which finally disposes of the suit, and is indefinite in point of time.

A lease without limitation as to term; a grant in fee, subject to a reserved rent.

One not subject to repeal or expiration at any future time.

The act by which testimony is reduced to writing as prescribed by law, so that the same shall be read in evidence in some suit or legal proceedings to be thereafter instituted. The

Any limitation tending to take the subject of it out of commerce foi a longer period than a life or lives in being, and twenty-one years beyond, and, in case of a posthumous child,

That Action of the English law which, for certain political purposes, ascribes to the king in his political capacity the attribute of immortality; for, though the reigning monarch

By proxy; by letter of attorney. Used in connection with the signature of an agent or attorney in fact. It is notice that the agent has but a limited authority to sign. Byles, Bill

A real action by which the grantee of a seigniory could compel the tenants of the grantor to attorn to himself. Shep. Touch. 254. It was abolished by St. 3 & 4 Wm. IV. c. 27, § 35.

In its most extensive sense, perquisites signifies anything gotten by industry or purchased with money, different from that which descends from a father or ancestor. Bracton, lib.

Purchase. 2 BI. Comm. 241. Acquisition by one's own act or agreement, and not by descent. Id. See "Purchase."

A purchaser; one who first acquired an estate to his family; one who acquired an estate by sale, by gift, or by any other method, except only that of descent. 2 Bl. Comm. 220.

Purchase. Bracton, fol. 66. Co. Litt. 3b, 18b. An estate acquired by purchase, that is, by one's own act, and not by descent; praedium quod quis non a patre vel majoribus possidet,

By which. Used in commonlaw pleading to introduce a conclusion. Sometimes used as the name of the clause averring special damages. PER QUOD CONSORTIUM AMISIT (Lat. by which he lost

FACTUM NEgantis nulla probatio est. It Is In the nature of things that he who denies a fact is not bound to give proof. PER SALTUM (Lat.) By a leap or bound; by a sudden movement;

By itself; of itself. Fraud per se. 3 Pick. (Mass.) 257.

(L. Lat.) By the service. PER STIRPES (Lat. stirps, trunk or root of a tree or race). By or according to stocks or roots; by right of representation. Gen. St. Mass. 1860; c. 9, § 1

A man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst, note 137.,

CUM STATU quodam consideratus. A person Is a man considered with reference to a certain status. Heinec. Elem. Jur. Civ. lib. 1, tit. 2, § 75.

Belonging to the person. This adjective is frequently employed in connection with substantives, as personal services (see 59 N. H. 551), personal goods (see 5 Mason [U. S.] 356), e

In the Civil Law. An action in which one person (the actor) sues another (the reus) in respect of some obligation which he is under to the actor either ex contractu or ex delicto.

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

Strictly and son of the owner and carried about with him from one part of the world to another. 2 Bl. Comm. 388*. See Chattel; Personal Effects.

A contract as to personal property. A covenant (or contract) personal relates only to matters personal as distinguished from real, and is binding on the covenantor (contractor) dur

A covenant which binds only the covenantor and his personal representatives in respect to assets, and can be taken advantage of only by the covenantee. A covenant which must be per

Without qualifying words, "personal effects" generally include such tangible property as is worn or carried about the person, but for the most part, as used in wills, the phrase de

Personal property.

In old English law. Personally.