Page:Black's Law Dictionary (Second Edition).djvu/902

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PERMIT

have been paid, or secured, and permitting their removal from some specified pince to another. Whnrton.

A-Written iicense or warrant. issued by a person in authority, empowering the grantee to do some art not forbidden by law, but not nliowable without such authority.

PERMUTATIO. Exchange ; barter.

Lat. In the civil law. Dig. 19, 4.

P PEB,MU'1‘A'.I‘ION. The exchange of one

movabie subject for another; barter.

PERMUTATIONE. A Writ to an ordi- nary, commanding him to admit a clerk to n benetice upon exchange made with another. Reg. Orig 307.

PERNANCY. Taking; a taking or re ceivlng; as of the profits of an estate. Actu- ai pernancy of the profits of an estate is the taking, perception, or 1'e(eipt of the rents and other advantages arising therefrom. 2 Bi. Comm. 163.

PERNOR O1‘ PROFITS. He who re ceives the profits of lands, etc.; he who has the actual peinnncy of the profits.

PERNOUR. L. ii‘:-. A taker. Le pernaur ou le dctenaur, the taker or the detainer. Britt. c. 27.

PIERPARS. L. Lat. A purpart; A part of the inheritance.

PERPETRATOR. Generaily, this term denotes the person who actnaily commits a crime or delict, or by whose in.u.ue<liate agecny it occurs. But, where :1 servant of a raii- road company ls kilied through the negiigence of a c0—eI:upioye, the company itself may be regarded as the “perpetrator” of the act, within the meaning of a statute giving an action against the perpetrator. Phiio 7. Illinois Cent. R. Co., 33 Iowa, 47.

Per-petnn lex est nullam legem huma- nsm no pusitivam per-petnmn ease. at clmrsnla qusa nbr nnem exclndit ab initio non valet. It is a perpetual law that no human and positive law can he perpetuni, and a clause [in a law] which precludes the power of ahrogation is void ab initio. Bac. Max. p. 77. in reg‘. 19.

PERPETUAL. Never ceasing; continu- ous; enduring; iasting; uniiruitodinrespect of time; continuing without intermission or interval. See Scanlnn v. Crawshaw, 5 Mo. App. 337.

—Pe1-potnal edict. In Roman law. Origi- nally (ire term “perpetuni" was merely opposed to "occasional" and was used to distinguish Lhe general edicts of the pnetors from the special edicts or orders which they issued in their judicinl capacity. But under Hadrian the edict

894

PE RQUISITES

was revised by the jurist Juiinnus, and was republished as a permanent act of legisintmn. it was tben styled “per-petual." in the sense of being calcuintl-(l to endure in perpetumn, or untii abrogated by competent authority. Aust. Jur. S55.—Per-petual succession. That continuous existence which ennbies a corporation to manage its affairs, and hold property without the necessity of perpetuul conveyances, for the purpose of transmitting it. B reason of this quality, tbis Ideal and nrtifiria person remains, in its legni entity and personuiity, the same. though frequent changes ay be made of its members. Field, Corp. § 3; Scanlnn V. Crswshaw, 5 Mo. App. 340.

As to perpetuni "Cnracy," "Injunction," "Lease," and “Statute,” see those tities

PERPETUATING TESTIMONY. A proceeding for taking and preserving the testimony of witnesses, which otherwise might be iost before the trial in which it is intended to be used. It is usually allowed where the witnesses are aged and infirm or are ahout to remove from the state. 3 Bl. Comm. -150.

PERPETUITY. A future ilmitation, whether executory or by way of remainder. and of aither reni or personal property, which is not to vest untii after the expiration of or “iii not I1e(ess'.1i‘l_ly vest within the period fixed and prescrihed by law for the creation of future estates and interests, and which is not destructibie by the persons for the time heing entitled to the properly suhject to the future limitation. except with the concurrence of the individual interested under that iimitation. Lewis, Perp. 164; 52 Law Lib. 139.

Any iimitation tending to take the subject of it. out, of commerce for a longer period than a life or lives in being, and twentyone years beyond, and, in case of a postinuuous chiid, a few months more, niiowing for the term of gestation. Rand. Perp. 48.

Such a limitation of propony as renders it unaiiensbie beyond the period nliowed bylaw. Giib. Uses, (Sugd. Ed.) 260. And see Ouid v. Washington Hospital, 95 U. S. 303. M L. Ed. 450: Duggan v. Slocum, 92 Fed. S06, 34 C. C. A. 676; Waldo v. Cummings, 45 Ill. -i2i; Franklin v. Armfield. 2 Sneed (Tenn) 354: Stevens v. Annex Reaity Co., 173 M0. 511. 73 S. W. 505; Griffin v. Graham. 8 .\'. C. 130. 9 Am. Dec. 619; In re John's Will, 30 or. 494, 47 Pat’. 3-11. 36 L. R. A. " '_’.

PERPETUITY OF THE KING. That fiction of the Engilsh law which for certain poiiticai purposes ascribes to the king in his poiilicni capacity the attri-bute of immortality; for, though the reigning monarch may die, yet by this fiction the king never dies. 1'. e., the office is supposed to be recrcupied for aii political purposes immediately on his death. Brown.

PEEQUISITES. In its most extensive

sense, “perqnisites" signifies anything obtained by industry or purchased with money. dif-