Per And Post

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 prior title; as the lord by escheat. PER ANNULUM ET BACULUM (Lat.) In ecclesiastical law. The symbolical investiture of an ecclesiastical dignity was per annulum et baculum, i. e., by staff and crosier.

1 Bl. Comm. 378, 379; 1 Burn, Ecc. Law, 209.

PER ANNUM (Lat.) By the year; for the space of a year. Fleta, lib.

2, c. 71, §§ 3-12.

A common expression still in use. PER AUTRE VIE (Law Fr.) For or during another's life. PER AVERSION EM (Lat.) In civil law. By turning away. Applied to a sale not by measure or weight, but for a single price for the whole in gross; e. g., a sale of all the wine of a vineyard for a certain price. Vocab. Jur. Utr. "Aversio." Some derive the meaning of the phrase from a turning away of the risk of' a deficiency in the quantity from the seller to the buyer; others, from turning away the head, i. e., failure to make a particular examination; others think aversio is for adversio.

Calv. Lex.; 2 Kent, Comm. 640; 4 Kent, Comm. 517.

PER BOUCHE (L. Fr.) By the mouth; orally.

3 How. St. Trials, 1024.

PER CAPITA (Lat. by the head or polls). When descendants take as individuals, and not by right of representation (per stirpes), they are said to take per capita. For example, if a legacy be given to the issue of A. B. and A. B., at the time of his death, shall have two children and two grandchildren, his estate shall be divided into four parts, and the children and grandchildren shall each have one of them.

3 Ves. 257; 13 Ves. 344; 2 Bl. Comm. 218; 6 Cush. (Mass.) 158, 162; 2 Jarm. Wills (Perkins' Notes) ■47; 3 Beav. Rolls, 451; 4 Beav. Rolls, 239;