Page:Black's Law Dictionary (Second Edition).djvu/901

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PERINDE VALERE

die " in a marine policy, and not those or- y perfls vi-hii h every vessel must encounter.

l v. New I*?i«,.~lanil Mar. Ins. Co., 8 Pet. . -S L Dil. 10-I3.


PERINDE VALERE. A dispensation acllusii to a clerk, who, being defective in aluclzy for a beiiefice or other eccli t~'i§|Sti(.'€l1 llnulun, is do factu admitted to it. Cowell.

PERIOD. Any point, spuce, or division 4! that. "The \\u1'Kl 'perioii l.i-is its etymolnllmi i.LIl:;ILllug, but it also has a distinctive llnillliutinii. ;l("f‘Ill'(li1|g to the S1lll_ll-.(.L with Ililili it may he used in connection. It may Iain any pnitlou of complete time. from :1 diamond y(‘JI'9 or lc« » to the period of a day; and nbcu used to designate au act to be done or it.» lw bI‘..‘\lll. thou-=,h its completion may the an unci-rtziin time, as, for instance the out of exportation, it must mean the day on Mulch the e\purtation commences, or it would he an unineanliig and useless word in its lflllltttlou in the staiute " S:u'n1)son v Penslo, ‘Z0 How. 57!). 13 L. Fri. 1W2.

PERIODICAL. I'(ecui'Luig at fixed inter- vals: to be made or done, or to happen, at siicv-esslre periods sepaiated by determined liloruls of time; as periodical payments of interest on a bond.

PERIPHRASIS. Circumiomition; use of iiiniiy words to express the sense of one.

PERISH. To come to an end; to be; to die.

to cease

P]-IRIS]-ABLE ordinarily menus subject to speedy and natural decay. But, where the time contemplated is necessarlly long, the term may embrace property lialiie mere- iy to material depreciation in value from other causes than such decay. Wehster v. Peck. 31 Conn. 495.

—Per-ishalile goods. Guuils which decay and lose their value if not speedily put to their intended use.

Perjuri aunt qui uervutis verbis jIIl‘Brmenti decipiunt aux-en em-iuu qui acci- piiuit. 3 Inst. 166. They are perjured, iiho, preserving the words of an oath, deceiie the ears of those who receive it.

PERJURY. In criminal law. The will- ful assertion as to a matter of fact. opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form aiioii-ed hy law to be siihstituted for an oath, vihether such evidence is given in open court, or in an affidavit, or otherwise, siicb assertion he lug known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. 2 Wliart. Crim Law. § 1244: Herring v. State, 11!) Ga. 709. 46 S. E. 876: Beecher v. Anderson, 45 Mich. 543. 8 N. W. 539; Schmidt v.

893

PERMIT

Witherlck, 29 Minn. 156, 12 N. W. 448; State v. Snnons, 30 Vt. (320; Miller v. Suite, 15 Flu. '58.‘); Clark v. Cl.ii'l:. 51 \'. J. Eq. -10-}, 28 At]. 1012; Hood v. State, 4-1 Ala 81.

Perjury shall Lcmsisl in willfully. knowingly.

absolutely, and falsely swearii ;, either with or without in in: the hiuid on i w- a ly l'2- .i "st of Aliuivlilj (bid, or L‘.il‘l)lllig a a a ite-

rinl to I.l‘(‘ l~‘lI8 or point in -in-st-rin, ii. -ome judicial Ill'OC(‘dil.lg‘, by B pewun io nlimu ii lai riil ( llll or alliiination It |ldnIil1‘>tL’l'€d. CD1iP G11. ]F‘*".‘, § 4-100.

I Ill’ in iilio. lin\inr.: taken an oath that be Will testify. declare, dx-pose, or certit, truly ll re any C4 ll] tent I'.l'lly|llui_ Mfiini, or per- -oIJ« in IIUY of the i i es in which > ich an oiith may by in“ be adinii wen-d, willfully, and contrary to =ii\1I oath. * i -s as tiiith any material matter Wbilli he lii i i to be f.il"i, is guilty of perjury. 1'eii. C ~ < 11. § lib.

The rrilltiil giviii lili lir oath. in a judicial pl'O(.El.‘dl|’Ig or (-i »ii of ji ~tice of false testi- ninny l]i'|tk‘1'lfll to “IL is ill’: or pomt of inquiry. 2 iii i‘iim. Liiii. § 1lii-3.

Pi r i y. iit ( ~ mun luii, is the “taking of a nillful fiilse oath by one who. iiein-v luivfiiliy S“ui'n by a competent court to dPUO‘-' the truth in any judicial prncnidiug, sucars nliso‘-itely and falsely in 1 matter D1 izerial to the point in issue, whether he belieied or not." Cnnirn. v. Poweli. 2 Metc. (Ky.) 10; Cothran v. State, 39 Miss. .i-41.

It will be observed that, of common law, the crime of perjury can he cominiitted 0l'iI\‘ in the course of a suit or judicial proceeding. But statutes have very gent-rally extoiidpd both the definition and the punishment of this oifr-nse to vrillful false swearing in many diiferent kinds of nflidavits and depositions. such as those re- quired to be made in tax returns. pension proceedings, transactions at the custom hoii_se, and various other administrative or non-judicial proceedinss.

PERMANENT. Fixed. enduring. ahiding,

not suiiject to change. Generally opposed in law to "temporary." —Pex-mauent abode. A domicile or fixed home, which the party may ieave as his interest or whim may dictate, but which he has no pi-est-ut intention of nbnndoiiing. Dale v. Irwin, 78 Ill. i70; Molitett v. Hill, 131 lll. 239. 22 N. E. 821; Berry v. V\’ilcot. 44 .\'i=b. S2, (32 N. “' 24‘), 48 Am. St. Rep. 'i'0fi.—I-‘erxnameut building and loan association. One which issues ils stock. not all at once or in series. hot at any time when application is maile therefor Cook v. Equitable B. & L Ass'n. 10-} Ga. 814, 30 S. E. 911.

As to permanent “Alimonv." “Injunction,” and “Tresmss," see those titles.

PERMISSION. A license to do a thing: an authority to do an act Which, without such authority, would bave been unlawful.

PERMISSIONS. Negatioiis of law. arising either from the law's silence or its express declaration. Ruth. Inst. 1'). 1. c. 1.

Pl-ZRMISSIVE. Allowed; nllowahle; that which may he done

—Perxnissiwe use. waste. See WAsTE.

See USE —Pex-miigsive

PERMIT. A license or instrument granted by the officors of excise, (or ciistnnis,) certifying that the duties on certain goods