Law Dictionary

Strauss, 97 III. App. 55; Boyd v. Thompson, 153 Pa. 82, 25 All. 769, 34 Am. St. Rep. 685; Mo-Cosker v. Banks, 84 Md. 292, 35 Atl. 935.

On account, of; by Teason of; owing to; for. Propter aflfectmn. Because of favorable inclination. Propter defectum. For incompetency. Propter delictum. For criminal conduct. See Ch

6 To carry on a judicial proceeding; in particular, a proceeding of a criminal nature. Prosecute with effect. To carry on, with due diligence, to a final issue or judgment, and wit

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

/r. V. Pur. Peramount: above. Perdre,/r. To lose. Perdu, pert:

Notwithstanding any limitation in this subchapter or in any other provision of law relating to the amount of insurance available for the account of any one depositor or member, fun

By the brass money and the scales, a Roman form used in certain sales.

The addition of these words in a bill of particulars for services does not preclude from recovering the value of the services specified, although no agreement for the payment of a

By alluvion. See Alluvion .

That ls said to be added by alluvion which is so added little by little that we cannot tell how much is added at any one moment of time. Dig. 41, 1, 7, 1; Fleta, 1. 3, c. 2, § 6.

That is deemed to be added by alluvion which is so added little by little that we cannot perceive how much is added at any certain moment of time.

By evasions.

I. I. In old English law. Perambulation; a perambulation.

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

See De perambulatione facienda .

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

By, ring and staff. See Annulus et baculus .

By or for a year.

I. fr. For the life of another. Per bouche: by the month; orally. Per my: an old form of parmy or parmi. Per my et per tout: by the half or moiety, and by all; having each the enti

For the life of another.

i. /r. Below. Peravale de son molin: below his mill.

A sale in bulk.

Through the mouthy orally.

A perch of land; sixteen and one-half feet See Perch.

By heads; according to the number of persons.

“per capita income” means— (A) in the case of the United States, the income of the United States divided by the population of the United States; (B) in the case of a State, the inc

The term “per capita personal income” means the most recent per capita personal income data, as determined by the Bureau of Economic Analysis.

For purposes of this section, the term “perceived medical emergency” means circumstances in which the behavior of an individual leads a reasonable person to believe that the indivi

A parcener.

An abbreviation of the Latin "per centum," meaning by the hundred or so many parte in the hundred or so many hundredths. See Blakeslee v. Mansfield, 66 III. App. 119; Co.de Va. 188

mineral depletion for tax purposes is an allowance from income for the exhaustion of capital assets

The term “percentage increase in the MEI” means, with respect to physicians’ services furnished in a year, the percentage increase in the medicare economic index (referred to in th

By the hundred.

A taking possession.

In old records. A wear; a place in a river made up with banks, dame, etc., for the better convenience of preserving and taking fish. Cowell.

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.

perclos, I. fr. In old English law. The latter part or conclusion, as of a writ, plea or indictment.

I. In old English law. To strike. Percutere dnellum: to strike the duel; to engage or join in the combat Percussit: (he) struck.

As used in the cases relating to the right of land-owners to use water on their premises, designates any flow-age of sub-surface water other than that of a running stream, open, vi

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

See Subterranean Waters; Waters. PERDONATIO UTLAGARI/E (Lat.). In English Law. A pardon for a man who, for contempt in not yielding obedience to the process of the king’s courts, i

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

Lat. In old practice. By the consideration (judgment) of the court. Yearb. M. 1 Edw. II. 2.

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

On the other hand.

By the body, i. e., by trial by battel. See Trial by battel .

Per curiam.

By the court.

One wherein all the judges are of one mind, and so clear that they do not deem it necessary to elaborate it by an extended discussion. See 146 Pa. St. 561, 28 Am. St. Rep. 821, 15

By default.

By the day; a daily expense or compensation allowance.

“per diem allowance” means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards; / the term “per diem allowance” has the meaning give

No deduction shall be allowed under this chapter for expenses incurred for transportation by water to the extent such expenses exceed twice the aggregate per diem amounts for days

pardonare, I. I. In old English law. To pardon. Perdonavimns: we have pardoned.

Z. Z. In old English law. A pardoning; a pardon.

A pardon for one outlawed for contempt.

I. fr. To lose. Pert: loses. Perdu: lost.

(Civil Law) Treason.

Everlasting.

(Civil Law) Foreigners; alien enemies; slaves.

To waive or bar an appeal by one's own act so as partially to comply with or acquiesce in a sentence of a court. Phill. Eccl. L. 1275; Rog. Eccl. L. 47. PEREMPTORIUS (Lat. from per

A nonsuit; also a quashing or killing.

(Civil Law) That which permanently destroys.

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

The right of peremptory challenge is given, of course, to be exercised in the party's sole discretion... But the right is given in aid of the party's interest to secure a fair and

The right of challenge in the cases specified in the act of 1790, in respect to the number of jurors, is derived from the common law, which allowed thirty-five in cases of treason,

A precise time when certain business by rule of court ought to be spoken to.

A defence 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 Bouvier, Inst. n. 4206

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.

Where the evidence upon any issue is all on one side or so overwhelmingly on one side as to leave no room to doubt what the fact is, the court should give a peremptory instruction

The established rule is that where plaintiff and defendant respectively request peremptory instructions, and do nothing more, they thereby assume the facts to be undisputed and in

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.

"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 acti

An absolute rule, as distinguished from a rule nisi.

Rules entered as of course in the office of the clerk of a court, the court, unless In some subsequent proceedings. Mitchell, Motions & Rules 9.

An undertaking by a plaintiff to bring on a cause for trial at the next sittings or assizes. Lush, Pr. 649. As to peremptory "Challenge," "Defense," "Instruction," "Mandamus," "Non

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 an equivalent.

Same as Pursuer.

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."

Expressly.

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

Nothing can be inherited by us from a person outside the family. See 17 Pa. St. 286, 55 Am. Dec. 555.

By right or wrong.

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

In a statement of the rule that, when two claims exist in "perfect condition" between two persons, either may insist on a set-off, this term means that state of a demand when it is

The tenant was divested of neither title nor possession by the silent existence of the landlord's statutory lien on the date of the assignment. Only after the lien was actually ass

When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is pro

a water right acquired in accordance with state law, which right has been exercised by the actual diversion of a specific quantity of water that has been applied to a defined area

A transfer shall be deemed to have been made at the time when it became so far perfected that no bona-fide purchaser from the debtor and no creditor could thereafter have acquired

An equitable title or right which lacks nothing to its completeness as a, legal title or right except the formal conveyance or other investiture which would make it cognizable at l

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