Perpetuate

To cause to endure indefinitely; to preserve from the contingency of loss or extinction. ' Newton v. Commissioners, ante. " Harris v. Shaw, 13 111. 465 (1851). » Mead v. Ballard, JTWall. 290 (1868). • City of Lowell ifrrench, 6 Cush. 224 (1850). See also 23 How. Pr. 448; 12 Bush, 541. ' L. per-mittere, to send through, pass through. • City of Chicago v. Stearns, 105 111. 558 (1883). ' Loosey v. Orser, 4 Bosw. 401 (1859). e Territory v. Stone, 2 Dak. 165 (1879). • Gregory v. United States, 17 Blatch. 330 (1879). 10 Commonwealth t). Curtis, 9 Allen, 271 (1864). ' ' Per'-nanoy. F. prendre, to take. '"2 Bl. Com. 163. n Philo V. l Uinois Central E. Co., 33 Iowa, 47 (1871). 'i L. perpetualis, universal, permanent: perpetuus, constant, continuous. 5 Mo. Ap. 339 (1878). Perpetuate testimony. If a witness to a disputed fact is old and infirm, or going abroad, it is not unusual to file a bill to " per- ' petuate " his testimony, although no suit be pending. 1 Such bills are indispensable in securing justice, as it may be impossible for a party to bring Us rights presently to a judicial decision; and unless, in the meantime, he may perpetuate his proofs, the rights themselves may be lost without default in him. The civil law adopted similar means of preserving testimony. Bills to take testimony de bene esse arise when suits are actually pending."