Peonia

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. In the Spanish possessions in America, it measured fifty feet front and one hundred feet deep. 2 White, Coll. 49; 12 Pet. (U. S.) 444, notes.

In Spanish Law.'' A portion of now a quantity of land of different size In different provinces. In the Spanish possessions in America it measured fifty feet front and one hundred feet deep. 2 White, N. Rec. 49; Strother v. Lucas, 12 Pet. (U. S.) 444, 9 L. Ed. 1137.

In Spanish law, a footsoldier's portion of lands conquered; a parcel of land of varying size. In the Spanish provinces in America, it measured fifty feet in width by one hundred word is used to introduce many Latin phrases, among which are the following: Per; per and cui. A writ of entry against an alienee or descendant of the original disseisor was said to be brought in the per, because it stated that the tenant had not the entry but by the original wrong-doer. But, when brought against a second alienee or descendant of the disseisor, it was said to be in the per and cui, because it stated that the tenant had not entry but ly and under the prior alienee, to whom the disseisor himself demised it. Compare Post. Per annulum et baculum. By ring and staff. This phrase indicates the symbolical mode, in old English law, of conferring an ecclesiastical investiture by ring and crozier. Per aversionem. By tm-ning away. A term applied in the civil law to a sale of goods in bulk, not by measure or weight, and for a single price; nearly equivalent to the common English phrases, "in gross," "by the lump." The dei-ivation of the expression is uncertain; but it is attributed to the supposed averting of the buyer's attention from any careful examination of the' property. Per capita. By heads; according to the number of individuals. This is a term of the civil law; but is extensively used in the modern law of distribution and descent, indicating the manner in which descendants take as individuals, not by right of representation. The general rule is, that where several descendants are equally near of kin to the intestate, or stand in equal degree, they take equally per capita; that is, according to their numbers, share and share alike, in their individual rights, without reference to the stock from which they may have sprung. See Caput; Pee Stirpes. Per curiam. By the court. A phrase frequently used in the reports, to distinguish a decision or opinion of the couit; from that of a single judge. Per formam doni. By the form of the gift. By the direction of the grantor or donor, as distinguished from the operation of the law. See Modus. goaething which appears to be a discharge, but which the replication alleges to have arisen out of fraud, and therefore to be invalid. Per infortunium. By misadventure. This phrase is used to distinguish that class of homicides in which a man in doing a lawful act, and without intent to hurt, kills another by mere misadventure. Per my et per tout. By the half and by the whole; having a moiety, and all. A term used to describe the nature of the possession of joint tenants. For pui-poses of tenure and survivorship, each is regarded as the holder of the whole; but for purposes of alienation, each has only his own share, which the law presumes to be equal. An expression applied to occupation in joint tenancy, in dicating, according to some, that the joint tenants have each of them the entire possession as well of every parcel as of the whole. ( Cowd; 2 Bl. Com. 182; Wms. E. P. Pt. I. ch. 6.) But Mr. Sergeant Stephen considers the meaning to be, that the joint tenants are all jointly seised of the whole, with the right to transfer in equal shares. {1 Steph. Com. Sil.) Mozley SrW. Per quod. By which; whereby. Technical words of pleading, in Latin, used to introduce a consequence or conclusion of law from matters of fact previously stated. Particularly, the emphatic words of the clause in a declaration, which states the special damage sustained by the plaintiff as the consequence of the matters previously alleged; which were used also as the name of such a clause. When an action is brought by a person for defamation of character, and the offensive words do not apparently and upon the face of them import such defamation as will of course be injurious, it is necessary tliat the plaintiff should aver some particular damage to have happened, which is called laying his action with a per quod: as if I say that such a clergyman is a bastard, he cannot for this bring any action against me, unless he can show some special loss by it; in which case he may bring his action against me for saying he was a bastard, per quod he lost the presentation of such a living. In all actions for slander, other than for slander to a person in his or her profession, trade, or occupation, it is necessary to add this per quod clause in effect, although no longer in form, inasmuch as damage is an essential part of the ground which he lost her company. This phrase was used in declarations in Latin in actions of trespass by a husband for an injury to his wife, introducing an averment of the loss of her society and assistance, for which he sought to recover special damage. \ Per quod servitium amisit. By which he lost her (or his) service. This phrase was used in declarations in Latin in actions of trespass by a master for an injury to his servant, introducing an averment of the loss of service sustained by him, for which damages are sought. The phrase was also used as descriptive of this particular class of actions. The proceeding was the usual remedy of a father for the seduction of his daughter, on the theory of a loss by him of her services. To sustain such an action, some evidence, however slight, must be given of the relation of master and servant, and of a loss of service, or other special damage. Per stirpes. By roots; by stocks; by right of representation. This is a term of the civil law, but is much used in the modern law of distribution and descent, indicating the mode of division in which parties entitled take each the share which their stock (a father or other ancestor), if living, would have taken; taking by right of representation, and not according to their number as individuals. The phrase is usually contrasted with per capita, q. v. According to the canons of descent, the lineal descendants of any person deceased represent their ancestor, or stand in the place in which such ancestor would have stood if living at the time of the descent cast; and it is this taking by a right of representation, which is termed a succession per stirpes or by stocks, the branches taking the same share which their stock would have taken. Ward u. Stow, 2 Dev. Eq. 509. Per universitatem. By the whole; as an entirety. This term is applied in the civil law to the acquisition of an entire estate, as by inheritance; as distinguished from an acquisition of a portion of an estate or single article. Per verba de praesenti. By words in the present tense. Per verba defuturo. By words in the future tense. These two phrases are applied to different modes of deemed sufficient evidence of the contract at common law, while words importing an assent to a future marriage must be followed by consummation, to establish a valid marriage, even by the canon law; and did not even then meet the requirement of the common law. Per year, in a contract, is equivalent to the word annually. Curtiss v. Howell, 39 N. Y. 211.