Page:Black's Law Dictionary (Second Edition).djvu/900

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
PEREMPTORY 892 PERIL


sideration. Positive; final; decisive; not admitting of any alternative. Self—deteimlned, arbitrary; not requiring any cause to be shown.

—Poreniptox-y day. A day assigned for trial or hearing in court, absolutely and witlioiit fiirllier opportunity for posrpoiiemcnt.—Pei-- eniptox-y exception. In the ciiil law. Any deft.-use uhitb denies entirely the ground of action.—Pereniptory paper. A list of the can--s \\ hich “ere enl-ar,,td at the request of the ILIUER, or which stood over from press of bliSi|.l‘SS in court.—Perei:npto:r rule. In pl"l. tice An absolute rule; a ru e without any uinuitiou of 3“.Ll'|]afi\e of El.i1.lVllEig cause.- Peremptory undertaking. An undcri.-ilung by 11 [)|rllnliII to briu- .i a cause l'or iiial at

the next sittings or ass zes. Lush, 1'r. G-iii. As to peremptory "Challenge," “Deb se,” “Instrnction," "l\landan1us." “l\'onsuit,"

“Pleii," and “Writ," see those titles.

PERFECT. Complete; finished; executed; enforceable. —-Perfect condition. In a statement of the rule that, when two claims exist in "perfect condition" between two persons, either may insist on a. set—oi1, this term means that state of a demand when it is of right demandable by its teiins. ’1‘.iylor v. New lurk, 52 N. Y. 17.- Pcrfect instrument. An hisiruinent such as a deed or mortgage is said to become perfect when recorded (or registered) or filed for record, beguuse it then becomes good as to ail the uorld. See Wilkins v. l\luUorkle, 112 Tenn. 03.8, 50 S. W. SiH.—-Pei-feet trust. A_n executed trust, (q. ii.)

As to perfect “Equity," "Machine," “Obligation," "Ownership," “Title," and "Lisa- fruct," see those titles.

PERFECTING BAIL. Certain qualifications of a property clniracter being requi - ed of persons who tender themselves as hail, when snub persons have jiistihed, E. e.. estahlished their suliirziency by s.iti. ying the court that they possess the requisite qualifications, ii. rule or order of court is Lllilde for their allowance, and the bail is then said to be perfected, E. 9., the process of giving hall is finished or completed. Brown.

Perfectnin est oiil nihil deest secondnin nun perfectiouis vel nntiirie mo- dnin. That is perfect to which nothing is waniing, according to the measure of its perfection or nature. Hob. 151.

P]-:1-‘tI‘].‘.DY. The act of one who has eu- g.iged his faith to do a thing, and does not do it, but does the conti-ai-y. Wolff, Inst i 390.

PERFORM. To perform an obligation or C0uli‘.lf.'t is to execute, fnliiii, or accomplish it according to its terms. This may consist either in action on the part of the person bound by the contract or in emission to act, according to the nature of the snhject-mattei-; but the term is usually applied to any action in discharge of ii. contract other than payment.


colliplishment of a promise. contract. or er obligation according to its terms.

—Pa.rt performance. The doiu tion, yet not the vlbule, of what eilxc a ('0l'il‘i'tIC[ has agreed to do. Borrow ti row. .34 Wash. 634. 70 Pac. 3‘if.5.—S]ie performance. I'eiEorui:ince of a col. the spcciiic fern: in which it was usuic, Q ccrriing to the precise terms agreed upon. is ficqnently compelled by a bill in imuty for the purpose. 2 Story, Eq_ 91. § i The doctrine of speuhc p. rfoi-mung on r. 11!"! H ina.-~ s \\0llld l.- an in I-ii-qiiiil . ‘H; in tot (he bI‘~'I(‘ll of pin t‘l;=f'lll.‘ll-"|]". in tr:1l'l0l‘ will be r led to [JElfii)l'ln sptfl ly what he has ...ieed to do. Sweet.

PERGAMENUM. In em mad Pai chnient. In pci-gaiiiuiw sz:1'ibi' fut. And. 54.

PEEICARDITIS. In medical jur deuce An inii.iniination of the lining brane of the heart.

P]-ZRICULOSUS. ilous.

Lat. Dangerous; p

Pericnlonim est res nova: et iiiiisltih tan inducers. Co. Lltt. 37911. 11: is peril- ons to introduce new and untried things.

Pei-iculosiim exzistiino qiiod hoiioriiiii viroriini non eoniproliatnr exemplo. 9 Coke. 970. I consider that dangerous which is not approved by the example of good men.

PERICULUM. Lat. In the civil law. Peril; danger; hazard; risk.

Per-iouliim rei veiiditie, noiidiini tra- ditae, est emptoi-is. The risk of s thnig sold, and not yet delivered, is the purchasers 2 Kent, Comm. 498, 499.

PERIL. The risk, hazard, or contingecny insured against by a policy of insurance.

—-Perils of the lakes. As applied to nii\igation of the Great Lakes, this term has the same meaning as "perks of the sea." See infra.- Pei-i.is of the sea. In maritime and insur- ance luw. Naturai accidents peculiar to the sea, which do not happen by the intervention of man, nor are to be prevented by human pru- dence. 3 Kent, Comm. 216. Peiils of the sen are from (1) storms and waves; (2) rocks, shoals, and rapids; 3) other obstaclts, though of human origin; (4 changes of climate; (5) the confinement necessary at sea; ((3) aiiiniziis peculiar to the sea- (7) all other diiugi-rs 5-1 culiar to the sea. Civ. Code Cal. § 2199 losses caused by the action of wind and water acting on the property insured under extraordinary circumstances. either directly or mediately, without the intervention of other independent active external causes, are loan: by “perils of the sea or other perils and dangers," within the meaning of the usual cl.-iiise in a policy of marine insurance. Baily. Perils of tea, 6. In an enlarged sense, all losses which occur from maritime Adventure may be said to misc from the perils of the -“ca; but underm-iters ill'B not bound to this extent. Thcy ins‘!!! against losses from extraordinary OCf_lJl'1'LPl[‘§ only: such as stress of weather, winds mid

waves, lightning. tenipescs. etc These are anderstuod to be meant by the phrase "the perils