person

a corporate officer is subject to prosecution under § 1 of the Sherman Act whenever he knowingly participates in effecting the illegal contract, combination, or conspiracy—be he one who authorizes, orders, or helps perpetrate the crime—regardless of whether he is acting in a representative capacity.

+ 303 more definitions — see all 311 over time

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., A corporation, which _ is an artificial person. 1 Bl. Comm. 123; 4 Bing. 669; Wooddeson, Lect. 116; 1 Mod. 164; 22 N. Y. 352; 10 111. 48; 32 Conn. 216; 118 U. S. 394. And it has been held to include a partnership association. 108 Pa. St. 147. It includes both sexes. 136 Mass. 580. PERSONA (Lat.)

In civil law. Character, in virtue of which certain rights belong to a man, and certain duties are imposed upon him. Thus, one man may unite many ciiaracters {personae); as, for example, the characters of father and son, of master and servant. Mackeld. Civ. Law, § 117.

In its original signification, a mask; afterwards, a man in reference to his condition or character {status). Vicat. It is used metaphorically of things, among which are counted slaves.^ It is often opposed to res; as, actio in personam and actio in rem. Power and right belonging to a person in a certain character (pro jure et pofestate personae competente). Vicat. Its use is not confined to the living, but is extended to the dead and to angels. Id. A statue in a fountain whence water gushes. PERSONA CONJUNCTA AEQUIPARAtur interesse proprlo. The Interest of a personal connection is sometimes regarded in law as that of the individual himself. Bac. Max. reg. 18; Broom, Leg. Max. (3d London Ed.) 474.

A man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes. People v. R. Co., 134 N. Y. 506, 31 N. E. 873. The term is, however, more extensive than man. It may include artificial beings, as corporations; 1 Bla. Com. 123; 4 Bingh. 669; People v. Com’rs of Taxes, 23 N. Y. 242; <7W(m-corporations; Sedgw. Stat. & Const. L. 372; L. R. 5 App. Cas. 857; territorial corporations; Seymour y. School District, 53 Conn. 507, 3 Atl. 552; and foreign corporations; People v. Mc Lean, 80 N. Y. 259; under statutes, forbidding the taking of property without due process of law and giving to all persons the equal protection of the laws; Smyth v. Ames, 1G9 U. S. 4G6; 18 Sup. Ct. 418, 42 L. Ed. 819; Gulf, C. & S. F. It. Co. v. Ellis, 1G5 U. S. 150, 17 Sup. Ct. 255, 41 L. Ed. GGG; concerning claims arising from Indian depredations; U. S. v. Transp. Co., 164 U. S. G8G, 37 Sup. Ct 206, 41 L. Ed. 599; relating to taxation and the revenue laws; People v. Mc Lean, 80 N. Y. 254; to attachments; Bray v. Wallingford, 20 Conn. 416; usurious contracts; Philadelphia Loan Co. v. Towner, 13 Conn. 249; applying to limitation of actions; Olcott v. R. Co., 20 N. Y. 210, 75 Am. Dec. 393; North Mo. R. Co. v. Akers, 4 Kan. 453, 96 Am. Dec. 183; and concerning the admissibility as a witness of a party in his own behalf when the opposite party is a living person; La Farge v. Ins. Co., 22 N. Y. 352. A corporation is also a person under a penal statute; U. S. v. Amedy, 11 Wheat. (U. S.) 392, G L. Ed. 502. Corporations are “persons” as that word is used in the first clause of the XIVth Amendment; Covington & L. Turnp. Co. v. Sandford, 1G4 U. S. 578, 17 Sup. Ct. 198, 41 L. Ed. 5G0; Smyth v. Ames, 169 U. S. 4GG, 18 Sup. Ct. 418, 42 L. Ed. 819; People v. Fire Ass’n, 92 N. Y. 311, 44 Am. Rep. 380; U. S. v. Supply Co., 215 U. S. 50, 30 Sup. Ct. 15, 54 L. Ed. 87; contra, Central P. R. Co. v. Board, 60 Cal. 35. But a corporation of another state is not a “person” within the jurisdiction of the state until it has complied with the conditions of admission to do business in the state; Fire Ass’n of Phila. v. New York, 119 U. S. 110, 7 Sup. Ct. 108, 30 L. Ed. 342; and a statutory requirement of such conditions is not in conflict with the XIVth Amendment; Pembina Consol. S. M. & M. Co. v. Pennsylvania, 125 U. S. 183, 189, 8 Sup. Ct 737, 31 L. Ed. 650. It has been held that when the word person is used in a legislative act, natural persons will be intended unless something appear in the context to show that it applies to artificial persons; Blair v. Worley, 1 Scam. (111.) 178; Appeal of Fox, 112 Pa. 337, 4 Atl. 149; but as a rule corporations will be considered persons within the statutes unless the intention of the legislature is mani- A county is a person In a legal sense; Lancaster Co. y. Trimble, 34 Neb. 752, 52 N. W. 711; but a sovereign is not; In re Fox, 52 N. Y. 535, 11 Am. Rep. 751; U. S. v. Fox, 94 U. S. 315, 24 L. Ed. 192; but contra within the meaning of a statute, providing a penalty for the fraudulent alteration of a public record with intent that any “person” be defrauded; Martin v. State, 24 Tex. 61; and within the meaning of a covenant for quiet and peaceful possession against all and every person or persons; Giddings v. Holter, 19 Mont. 263, 48 Pac. 8. An Indian is a person; U. S. v. Crook, 5 Dill. 459, Fed. Cas. No. 14,891; and a slave was so considered, in so far, as to be capable of committing a riot in conjunction with white men; State v. Thackam, 1 Bay (S. G.) 358. The estate of a decedent is a person; Billings v. State, 107 Ind. 54, 6 N. E. 914, 7 N. E. 703, 57 Am. Rep. 77; and where the statute makes the owner of a dog liable for injuries to any person, it includes the property of such person; Brewer v. Crosby, 11 Gray (Mass.) 29; but where the statute provided damages for the bite of a dog which had previously bitten a person, it was held insufficient to show that the dog had previously bitten a goat; [1890] 2 Q. B. 109; a dog will not be included in the word in an act which authorizes a person to kill dogs running at large; lleisrodt v. Hackett, 34 Mich. 283, 22 Am. Rep. 529. It includes women; Opinion of Justices, 136 Mass. 580; Warwick v. State, 25 Ohio St. 21; Belles v. Burr, 76 Mich. 1, 43 N. W. 24; but see In re Goodell, 39 Wis. 232, 20 Am. Rep, 42; In re Bradwell, 55 111. 535, where the statute was in reference to admission to the bar, and it was held that, while the term was broad enough to include them, such a construction could not be presumed to be the legislative intent. Where the statute prohibited any person from pursuing his usual vocation on the Lord’s Day, it was held to apply to a judge holding court; Bass v. Irvin, 49 Ga®436. A child en ventre sa mere is not a person; Dietrich v. Northampton, 138 Mass. 14, 52 Am. Rep. 242; but an infant is so considered; Madden v. Springfield, 131 Mass. 441. In the United States bankruptcy act of 1898, it is provided that the word “persons” shall include corporations, except where otherwise specified, and officers, partnerships, and women, and, when used with reference to the commission of acts which are therein forbidden, shall include persons who are participants in the forbidden acts, and the agents, officers, and members of the board of directors or trustees, or their controlling bodies, of corporations. Persons are the subject of rights and duties; and, as a ^subject of a right, the person called by Professor Holland, the person of inherence; the subject of a duty, the person of incidence. “Entitled” and “bound” are the terms in common use in English and for most purposes they are adequate. Every full citizen is a person; other human beings, namely, subjects who are not citizens, ^may be persons. But not every human being is necessarily a person, for a person is capable of rights and duties, and there may well be human beings having no legal rights, as was the case with slaves in English law.... A person is such, not because he is human, but because rights and duties are ascribed to him. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered as having such attributes is what lawyers call a natural person. Pollock, First Book of Jurispr. 110. See Gray, Nature and Sources of Law, ch. II. PERSONA (Lat.). In Civil Law. Character, in virtue of which certain rights belong to a man and certain duties are imposed upon him. Thus, one man may unite many characters ( personw ); as, for example, the characters of father and son, of master and servant; Mackeldey, Civ. Law § 117.

In its original signification, a mask; afterwards, a man in reference to his condition or character (status). Vicat, Voc. Jur. It is used metaphorically of things, among which are counted slaves. It is often opposed to res: as, actio in personam and actio in rent. Power and right belonging to a person in a certain character ( pro jure et potestate personw competcnte). Vicat, Voc. Jur. Its use is not confined to the living, but is extended to the dead and to angels. Id. A statue in a fountain whence water gushes. So far as the language of the Roman law is any authority, a slave w r as a person. Both Gaius and Justinian include them among persons, and that is conclusive as to the Roman use of the word; Hunter, Roman Law 160. “Modern writers on Roman law concurrently say that a slave was not a person, but it is certain that the Roman lawyers sometimes use persona so as to include slaves”; Pollock, First Book of Jurispr. 111.

A man considered according to the rank he bolds in society, with all the rights to which the place he bolds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137. A human being considered as capable of having rights and of being charged with duties; whlle a "thing" is the object over which rights may be exercised.

— Artificial persons. Such as are created and devised by law for the purposes of society and government, called "corporations" or "bodies politic."

— Natural persons. Such as are formed by nafure, as distinguished from artifi-rial persons, or corporations.

— Private person. An individual who is not the incumbent of an office.

A human being, considered as the subject of rights, as distinguished from a thing whether animate or iuaninjiate; a corporation or body politic, an artificial person ci'eated by law for the purposes of society and government,

Persons in law are either natural or artificial. Ifattiral persons are such as the God of nature formed us; artificial persons, such as are created and devised by human laws for the purposes of society and government — corporations or bodies politic, i which derive their existence and powers from legislation. ^ In the bankruptcy acts, person included a corporation. = In internal revenue laws, includes a partnership, association, company, or coiporation, as well as a natural person.* In the Revised Statutes, or any act or resolution of Congress passed subsequently to February 35, 1874, the word may extend and be applied to partnerships and corporations, unless the context shows that a more limited sense is intended. = A private corporation is included within the prohibition of section one of the Fourteenth Amendment, that no State shall deny to any person the equal protection of the laws.* May include a State, or the United States.' Includes Indians, within habeas corpus ^ and intercourse acts.* In a statute, includes women, unless the context clearly shows an intention to liihit it to men." In short, while " any person or persons " comprehends every human being, the terms will be limited to the class or classes in the mind of the legislature. While a natural person may do any act which he is not prohibited by law from doing, an artificial person can do none which the charter giving it existence does not expressly or by fair inference authorize." " Injuries to the person " import hm-t to the body, physical injuries; as, in a civil damage law.'" Offenses against the person are: homicide, mayhem, rape, robbery, buggery, battery, wounding, false imprisonment, kidnaping, abduction. ^^ The rights of persons are those which concern and are annexed to the persons of men; and they are either absolute or relative. See Right, 2. 1 1 Bl. Com. 123, 467. " United States v. Fox, 94 U. S. 331 (1876). " R. S. § 5013. « R. S. § 3140; 15 Op. Att.-Gen. 230. » R. S. § 1; 11 Wheat. 412; 12 Pet. 1.34; 94 U. S. 321; 8 Saw. 239, 269, 274-75, 281, 283-92; 18 F. R. 404; 87 Ind. 696. " Pembina Mining Co. v. Pennsylvania, 125 U. S. 189 'Alabama Certificates, 12 Op. Att.-Gen. 179 (1867); i6. 217; 9 Kan. 194; 33 Minn. 436; 8 N. J. E. 590; ^ Ohio St. 611; 24 Tex. 61. ' United States v. Crook, 5 Dill. 458 (1879). • United States v. Shaw-mux, 2 Saw. 364 (1873). " Opinions of the Justices, 136 Mass. 680 (1883); 74 Ga, 795. ■' Smith V. Alabama Life Ins. & Trust Co., 4 Ala. 568 (1843). Person, fictitious. See Decoy; Forgery. Persons in public employment. See Libel, 5. See also Arrest, 2; Bail, 8; Body, 1; Citizen; Expose; IpENTiTT, 1; Individual; Inspection, 2; Jurisdiction, 2; Name, 1. Personal. Pertaining to the person; belonging to an individual person; individual: as, personal or a personal — action, asset, baggage, chattel, contract, covenant, credit, demand, disability, estate, goods, injury, knowledge, liability, liberty, note, performance, property, representative, security, service, servitude, tax. Referring to some subjects — as, an action, asset, chattel, estate, property — " personal " means simply movable, transitory: that which may follow the person of the owner or defendant. Again, referring to some subjects — as, an action, contract or covenant, defendant, injury, privilege, security, service, tax — "personal " is contrasted with real, or that which concerns real estate. See those substantives. Personalty. Personal property, q. v. Personate. To assume the character of another without authority and do something to his or a third person's detriment. Known as "false personation," whicli is a misdemeanor both at common law and, generally, by statute.^ ■ In England, since 1874, to personate any person or his heir, executor, etc., with intent to claim succession to property, or falsely- to claim relationship to any family, is a felony, punishable with penal servitude for life.' There may be a false personation of an of Scer for the purpose of maldng a pretended arrest, or collecting fines, taxes, or other alleged dues. Falsely personating any person under the provisions of the naturalization laws,' or any person holding a claim against the government, are criminal of Eenses.* See Chinese, p. 177, sec. 7; Pretense, False.

The person consists of bothliryl soul and body; and the phrase, the removal of such person, in a law relating to residence, means, the removal of the sold and body in life, and not the withdrawal of the former from the latter merely. Tute «■ and artificial. Natural persons arc such as the God of nature formed us; artificial are such as are created and devised by human laws, for the purposes of society and government, which are called corporations or bodies politic. 1 Bl. Com. 123. Person, used in the singular, may well mean one or more, and should be read "person or persons." People v. Croton Aqueduct Board, 5 Ahb. Pr., 316. Person may be used as inclusive of states; but as ordinarily employed, and where the context does not indicate an intent to include them, they are not embraced. The Alabama Certificates, 12 Op. Att. Gen. 176; Taxation of State Railroads, Id. 217. The provision of the New York statute of wills, authorizing devises to be made to any person capable by law of holding real estate, does not include a state or a nation. The testamentary capacity given by said statute extends only to devises to natural persons and to such corporations as are authorized by the law of the state to take by devise. Matter of Fox, 52 N. Y. 530; United States v. Fox, 94 U: S. 315. The state is within the statute relating to frauds on persons. Martin v. State, 24 Tex. 61. The United States is a person, within the meaning of the Kansas act, which makes it an offence for any person to cut down, injure, or destroy, or take or remove, any tree, timber, rails, or wood, " standing, being, or growing on the land of any other person," &c. State V. Herold, 9 Kan. 194. In support of a general rule that " person " or " persons " may freely be construed to include corporations, wherever the context and general purpose admits, see Beaston v. Farmers' Bank of Delaware, 12 Pet. 102, 134; Mclntire v. Preston, 10 III. 48; St. Michael's Church v. Connolly, Bright. 121; State V. Nashville University, 4 Humph. 157; People v. May, 27 Barb. 238; Gary v. Marston, 56 Id. 27; United States Tel. Co. V. Western Union Tel. Co., Id. 46. For doubts of or exceptions to such rule, see State v. Cincinnati Fertilizer Co., 24 Ohio St. 611; Coddington v. Havens, 8 N. J. Eq. 590. Even in absence of a statutory definition to that effect, " person " should be construed to include a corporation, unless it appears to have been used in a more limited sense. Re Oregon Bulletin, &o. Co., 13 Bankr. Reg. 199; Planters', &c. Bank v. Andrews, 8 Port. 404. The word person, in its legal signification, is a generic term, and includes artificial as well as natural persons. Douglass V. Pacific Mail Steamship Co., 4 Cal. 304. Corporations are deemed persons, within a treaty clause against confiscation and prosecutions against any persons. Society for the Propagation of the Gospel o. Town of New Haven, 8 Wheat. 464. Bank of Washington, 3 Pet. 36; Commercial Bank of Manchester v. Nolan, 8 Miss. 508; Grand Gulf Bank v. Archer, 8 Smed. ^ M. 161. A corporation is included in the word person, in the civil rights act of congress of April 20, 1871; and the fact that persons hold their rights or property under the name of a corporation does not deprive them of the rights and remedies conferred by law and the constitution. North-western Fertilizing Co. v. Hyde Park, 3 Biss. 480. Corporations are persons, within attachment laws. Planters' & Merchants' Bank V, Andrews, 8 Port. 404; Mineral Point R. R. Co. V. Keep, 22 III. 9. To the contrary. Mayor, &c. of Baltimore v. Root, 8 Md.Qb.. The word persons, in tax laws, presumptively includes corporations. Louisville & Nashville R. R. Co. v. Commonwealth, 1 Bush, 250; Parker Mills v. Commissioners of Taxes, 23 N. Y. 242; British Commercial Life Ins. Co. v. Commissioners of Taxes, 31 N. Y. 82; 18 Abh. Pr. 118; 28 How. Pr. 41; 1 Abb. App. Dec. 199. The act of congress of 1797, ch. 74, § 5, — which requires priority of payment to be made to the United States, when any person indebted to them becomes insolvent, makes an assignment, &c., — should not be construed to include corporations. The provisions of the act, taken together, are so peculiarly applicable to individual debtors, and so inappropriate to corporations, that congress cannot be deemed to have intended to include the latter. Commonwealth v. Phoenix Bank, 11 Mete. {Mass.) 129. A statute restraining any person from specified acts applies equally to corporate bodies. People v. Utica Ins. Co., 15 Johns. 358. A corporation may give a negotiable promissory note in the course of its legitimate business; since it is included in the word person, used in the statute 3 & 4 Anne. Mott v. Hicks, 1 Cow. 613; State of Indiana v. Woram, 6 Hill, 33. A corporation is a person, within the meaning of the statute of limitations. Olcott ». Tioga R. R. Co., 20 N. Y. 210; People V. Trinity Church, 22 Id. 44; 30 Barb. 537. A foreign corporation is a person out of this state, within a proviso of a statute of limitations which excepts cases where, at the time the cause of action accrues against any person, he is out of the state. Olcott V. Tioga R. R. Co., 20 N. Y. 210; Thompson V. Tioga R. R. Co., 36 Barb. 79. The phrase living person, in an act allowing examination of parties as witnesses, was held to include corporations, in La Farge v. Exchange Fire Ins. Co., 22 N. 1'. 352; Field

This word is applied to men, women, and children, who are called natural persons. It is also used to denote a corporation, which is an artificial person. 1 Bl. Com. 123. Natural persons are divided into males, or men; and females, or women. Men are capable of all kinds of engagements and functions, unless by reasons applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Civ. Code of Lo. art. 25. They are also sometimes divided into free persons and slaves. Freemen are those who have preserved their natural liberty, that is to say, is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked not with persons but things. Vide Man.