Page:Black's Law Dictionary (Second Edition).djvu/899

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PER VERBA DE FUTURO

PER VERBA DE FUTURO. Lat By words of the future [tense.] A phrase uppiied to contracts of marriage. 1 Bl. Comm. Ill); 2 Kent, Comm. 87.

PER VERBA DE PRIESENTI. Lat. By words of the present [tense J A phrase

applied to contracts of marriage. 1 BL Comm. 439. PER VISITM ECCLESIIE. LaL In old

English law. By view of the church; under the SllD€l.'\vlSl(.ll.l of the church. The disposition of intestines’ goods per i.-isum etoirsiw was one of the articles coullrmed to the prel- ates by King John’s iiliwna. CIl.llI'Nl. 3 B1. Comm. 96.

PER VIVAM VOCEM. Lat. in Old Hl|'=llSl] lnvi. By the living voice; the same with tiiu. tact’. Biact. fol. 95.

PER YEAR, in a couti'.i(-t, is equiv a.ieut to the word "annually." (Jurtiss v. Howell, 39 N. Y. 211.

PERAMBULATION. The act 01' WI1lk- Iiig over the boundaries of a district or piece of iunil, either for the purpose of determining them or of preserving evidence of them. ‘lhus, n.i many parishes in Lliigianrl, it is the tusioin for the paiishioneis to peiamhulute Lbe houiiilaries of the parish in rogation week m e\ery year. Such a custom entities them to enter any man's land and abate nuisances in their way. 1'i_iilliin. Ecc. I/«IW, 1507; ilunt. Bound. 103; Sweet. See Greenviile v. Mason, 57 N. El. 385.

PERAMBULATIONE F A G I E N D A, WRIT DE. In English law. The name of E writ which is sued by consent of both parties when they are in doubt as to the bounds of their iespective est-.ites. I1. is directed to the sheriff to ninlie peiambuletion, and to set the bounds and iiiuits hetneen them in certainty. Fitzh. Nat. Bi-ev. 1.53.

PERCA. A perch of land; sixteen and one-half feet See PEBCE.

PERCEPTION. Taking into possession. Thus, perception of crops or of prufits is reducing them to possession.

PERCEPTURA. In old records. A wear; a place in a river made up with banks, dams, etc, for the better convenience of preserving and taking fish. Cowell.

PERCH. A measure of land containing five y-irds and u h.ilf, or sixteen feet and a halt m length; otherwise called a "rod" or "pole." Ccmcii

As a unit of solid measure, a porch of masonry or stone or in-ick Work contains, according to some authorities and in some 10- ciiiities, sixteen and onc—h.iif cubic feet, but

891

PEREMPTORY

elsewhere, or according to others, twenty-five. Unless defined by statute. it is a very indefi- nite term and must be explained by evidence. See Baldwin Quarry Co. v. Clements, 38 Ohio St. 58?; Harris v. Rutledge, 19 Iowa, 358. 87 Am. Dec. 441; Sullivan v. Richardson, S3 Fla. 1, 14 Sontli. 692: Wood v. Vermont Cent. R. Co., 24 Vt. 608.

PERCOLATE, as used in the cases relating to the right of landowners to use viater on their premises, designates any flow- age of subsurface water other than that of a running stream, open, visible, clearly to be traced. Musier v. Caldwell. 7 Nev. S63. —.Pe1-oolatlng waters. See Wemn.

PERDONATIO UTLAGARIE. L. Lut. A pardon lot a man who, for contempt in not yitiding obedience to the process of a C0lll't, is outlawed, and afterwards of his own accord surrenders. Iieg. Orig. 28.

PERDUELLIO. Lat. In Roman law. Hostility or enmity towards the Roman re» public; trziitorous conduct on the 1i.iit of a citizen, subversive of the authority of the laws or tending to overthrow the goveriiin-.-Lit. Calvin; Vicat

PERDURABLE. As applied to an estate, pei-durable signifies lasting lung or forever. Thus, a disseisor or tenant in fee upon condition has as high and great an estate as the rightful owner or tenant in fee-simple absolute, but not so perdurabie The term is chiefly used With reterence to the extinguish- ment of rights by unity of seisin, which dues not take place unless both the right and the land out of which it issues are held for equally high and perdurabie estates. Co. Lltt. 3130., 3130; Gale, Easem. 582; Sweet.

PEREGRINI. Lat. In Roman law. The class of percgrini embraced at the some time both those who had no capacity in law, (capacity for rights or jural relations.) name- iy, the slaves, and the members of those nations which had not established amicable re-

lations with the Itoman people. Sav. Dr. Rein. § 66. PEREMPT. In ecclesiastical procedure

an :ip1:>en_i is said to be pereinpted when the appellant has by his own act Waived or barred his right of appeal; as where he partially conipiies With or acquiesces in the sentence of the court. Phillim. Ecc. Law, 1275.

P]-JREMPTION. A uonsuit; also 2. qunshing or killing. PEREMPTORIUS. Lat. In the civil

That which takes away or destroys for- hence, erceptta percmpluria, a plea (Elvin.

law. ever; which is a perpetual liar.

PEREMPTORY. Imperative; absolute:

not admitting of question, delay, or recon-