Page:Black's Law Dictionary (Second Edition).djvu/897

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PER AND POST

scendant from the disseisor, it is said to be in the par and cm‘. because the form of the Writ is that the tenant had not entry but by and under a prior alienee, to whom the intruder himselt demised it 3 Bl. Comm. 181.

PER AND POST. To come in in the per is to 0 Jim by or through the person last entitled to (11.1 esiate; as the heirs or assigns of the grantee. To come in in the post is to claim by 11 paramount and prior title, as the lord by escheat.

PER ANNULUM ET BACULUM. L. lmt. In old English law. By ring and stall, or r-rozier The symbolical mode of Loaferrinz an ecdeslastical investnre 1 Bl. Comm. 379. 379.

PER ANNUM. bat. By the year. A 1Ilu'n.=e still in common use. Iian).-stlcll v. lII|l('l1. 50 Kan. -‘H0. 31 Pac. 1092; State V.

MP1":-trulge. 64 Wis. 130, 24 N. ‘V. 1-10; Ilnney v Caldwell, 35 Ark. 168. PER AUTRE VIE. L. Fr. For 01'

Ilur"",' -mother's life: for such period as an- other nerson shall live.

PER AVERSIONEM. Lat. In the civil Lin. B; ttlllllllg nnsy. A term applied to Hunt Mini of" sale where the goods are tak- z-n in lvullz, and not by weight or measure, mm for -1 single price; or where a piece of lund is sold as containing in gross, by es- n- nation. .1 certain number of acres. Pom. Cunt Svle nu. 236, 300. So called because flu‘ borer acts without particular examination or di.=cri.mlual‘ion. turning his face, as it nere. u-wuz/. Calvin.

PER BOUCI-IE. L. Fr. By the mouth: orally. 3 How. State Tr. 1024.

P1-In CAPITA. Lat By the heads or polls: act-ording to the number of individ- uals. Sl‘I:I‘lE and share alike. This term, de- rived from the civil law, is much used in the law of descent and distribution, and de- notes that nwtllod of dividing an intestate estate by which an equal share is given to each of a numller of persons. all of whom stand in equal degiee to the decedent, without reference to their stocks or the right of ro[1re:..-ntation. It is the antithesis of Mr rlirpcx. (q 12.)

PER CENT. An abbreviation of the IA1tin "pr' I--ntum,” meaning by the hundred, or so ma y parts in the hundred, or so m.-m_r lnmdredths. See Blakeslee v. Mansfield a Ill. App. 119: Code Va. ISST, § 5 (Code 1904. p. 7.)

PER CONSEQUENS. Lat qnence; consequently. Yearb. III. B.

By conse- M. 9 Edw.

889

PER MISADVENTURE

PER CONSIDERATIONEM CURIIE. Lat. In old practice. By the consideration (judgment) of the court. Yearb. EL 1 Edw.

PER CURIAM. Lat. By the court. A phrase used in the reports to distinguish an opinion of the whole court from nn opinion written by any one judge. Sometimes it do- notes an opinion written by the chief justice or presiding judge. See Clarke v. Western Assur. 130., 140 Pa. 501, 23 Atl. 2-18. 15 L. R. A. 127, 28 Am. St. Rep. $21.

PER EUNDEM. Lat. By the same. This phrase is commonly used to express “by, or from the mouth of, the same judge." So "per cmltlcm in C(l(lL‘i7l." means "by the same judge in the same case."

PER EXTENSUM. Lat. tice. At length.

In old prac-

PER FORMAM DONI. L. Lut. In Eng- ilsh law. By the form of the gift; by the designation of the giver, and not by the op- eration of law. 2 Bl. Comm. 113. 191.

PER FRAUDEM. Lat. By fraud Where a plea alleges matter of discharge. and the replication avers that the disth.-irg-= was fraudulently obtained and is therefore invalid, it is called a “replication per fraud- cm.”

PER INCURIAM. Lat. Through inud vertence. 35 Eng. Law & Eq S02.

PER INDUSTRLAM HOMINIS. Lat. In old English la\v. By human industry. A term applied to the reclaiming or taming of wild animals by art. industry, and education. 2 Bl. Comm. 391.

PER INFORTUNIUM. Lat. By misad- venture. In criminal law, homicide per in- fommimn is committed where a man. doing a lawful act, without any intention of hurt,

unfortunately kllis another. 4 Bl. Comm. ‘J82.

PER LEGEM ANGLIIE. Lat. By the law of England; by the curtesy. Fleta. lib. 2, c. 54. § 18.

PER LEGEM TERRE. Lat. By the

law of the land; b_\ due process or law U. S v Kendall. 26 Fed Gas. 148; Appeal of Ervine, 16 Pa 263. 55 Am. Dec. 499 Rhinchnrt v. Schuyler. 7 IIL 519.

PER METAS ET BUNDA5. L. Lat. In old English law. By motes and bounds. PER MINAS. Lat. 599 Dumzss.

By threats

PER. MTSADVENTURE. Law. By mischance -1 Bl. Comm. 182 same with per |'rLjm'tmzilun, (q. o.)

In old English

The