Page:Black's Law Dictionary (Second Edition).djvu/898

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PER MITTER LE DROIT.

PER MITTEB LE DROIT. L. Fr. By assing the right. One of the modes by which releases at common law were said to inure was “per mittcr le drait," as where a person who had been disseised released to the disseisor or his heir or fcufee. In such case, by the release, the right which was in the releasor was added to the possession of the releasee, and the two combined perfected the estate. Miller v. Emiins, 19 N. Y. 387.

PER MITTER L'ESTA'1‘E. L. Fr. By passing the estate. At common law, where two or inoie are seised. either by deed, de\ lse, or descent, as joint tenants or copnrceners of the same estate, and one of them release to the other, this is said to inure by way of "per miner l'estate." Miller v. lflnians, 19

IV. Y. 388. PER MY ET PER TOUT. L. Fr. By the hair and by the whole. A phiase de-

scriptive of the mode in which joint tenants hold the joint estate, the eiiect of which. technically considered, is that for purposes of tenure and survivorship each is the holder of the whole, but for purposes of uiicnation each has only his own share, which is presumed in law to lie equal. 1 Washii. [teal Prop. 406.

PER PAIS, TRIAL. Trial by the country; i. e., by jury.

PER PROCURATION. By proxy; by one acting as an agent with spociai powers; as under a letter of attorney. These words "give notice to all persons that the agent is acting under a special and limited authority." 10 C. B. 659. The phiase is commonly ali- breviiited to "per pram," or “p. 11.," and is more used in the civil law and in England than in American law.

PER QUE SERVITIA. Lat. A real action by which the giantee of a seigniory could compel the tenants of the grautor to attorn to himself. it was abolished by St. 3 & 4 Wm. IV. c. 27, 5 35.

PER QUOJJ. Lat. Whereby. When the declaration in an action of tort, after stathig the acts complained of, goes on to aiicge the conscquences of those acts as a ground of special damage to the plaintiff, the recital of such consequences is prefaced by these words, "per quail," wherehy; and sometimes the phi use is used as the name of that clause of the declaration.

PER QUOD CONSORTIUM AMISIT. Lat. In old pleading. Whereiiy he lost the company [of his wife.) A phrase used in the old declarations in actions of trespass by a husband, for beuting or ill using his wife, descriptive of the special damage he had sustained. 3 Bl. Comm. 140; cm. Jac. 501, 538; Cracker v. Crocker (O. (3.) 95 Fed. 103.

890

PER VARIOS AGTUS LEGEM

PER QUOD SERVITIUM AMISIT. Lat. In old pleading. Whereiiy he lost the service [of his servant] A phrase used in the old declarations in actions of trespass by a master, for lieating or iii using his seriaut. descriptive of the special diiniage he had him- self sustained. 3 Bl. Comm. 141.; 9 Coke, 11341; Callaghan v. Inke Hopatcoug lce Co.. 69 N. J. Law, 100, 54 At].

Per .1-ationies pervenihix ad legitimnin rationem. Lltt. § 3356. By reasoning vie come to true reason.

Per x-er-inn nntiu-am fnctiun naguntin nulls. pi-nhatio est. it is in the ii.iiuie of things that he who denies a fact is not bound to give proof.

PER SALTUM. Lat. By a ieap or bound; by a sudden movement; passing over certain proceedings. 8 East, 511.

PER SE. itself ; tion ;

Lat. By himself or itself; in taken alone; inherently, in lS0ii.|- unconnected with other inatteis.

PER STIRPES. Lat. By roots or stocks; by representation. This teim. de- rived from the civil law, is niucii used in the law of desceuts and distribution, and de- notes that method of dividing an intestate estute Where a cluss or group of distributees take the share which their stock (a deceased aiicestoi-) Would have been entitled to, taking thus by their right of representing such ancestor, and not as so many individuals; while other heirs, who stand in equal degree with such ancestor to the decedent, take each a share equal to his. See Hotinanskey v. Heiss. 86 M11. (333, 39 At]. 415.

PER TOTAM. CURIAM. L. Lat. 135' the whole court. A common phrase in the old l‘l-.‘IJOF[S.

PER TOUT ET NON PER MY. L. Fr. By the whole, and not by the moiety. Where an estate in fee is given to a man aud his wife, they cannot take the estate by moieties, but both are seised of the entirety, per taut et mm per my/. 2 Bl. Comm. 182.

PER UNIVERSITATEM. IAIL Inthe civil law. By an aggregate or whole; as an entirety. The term described the acquisition of an entire estate by one a- or fact, as distinguished from the acquisition of single or detached things.

PER VADIUM. L. Lat. In old practice. By gage. Words in the old writs of attacii— ment or pone. 3 Bl. Comm. 280.

Per varies nctna legem experieiitin facit. By various acts experience frauim

the law. 4 Inst 50.