Page:Black's Law Dictionary (Second Edition).djvu/903

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PERQUISITES

rerent from that which descends from a ta- iher or ancestor. Bract. l. 2, c. 30, n. 3.

Profits accruing to a lord of a manor by virtue of his court-haron, over and above the yeariy profits of his land; also other things [hat came casually and not yearly. Mozley 5: Whitley.

In modern Ilse. Emoiuments or incident- ai profits attaching to an office or official po- sition, beyond the salary or regular fees. Deinpiane v. crenshaw, 16 Grat. (Va.) 468; Vansnnt v. State, 96 Md. 110, 53 Atl. 711; Wren v. Lnzerne County, 6 Kuip (Pa.) 37.

PERQUISITIO. Purchase. Acquisition by one's own act or agreement, and not by descent.

P!-JEQUISITOR. In old English law. A purchaser; one uho first acquired an estate to his family; one who acquired an estate by sale, by gift, or by any other method. ex- cept only that of descent. 2 Bl. Comm. 220.

Pl-JRSECUTIO.}} Lat. In the civil law. A ioiiowlng after; a pursuing at law; a suit or prosecution. Propcriy that kind of judiclai proceeding before the [)I‘iI‘|‘.0l‘ which was called “extraordinary.” In a general sense, any judicial proceeding, including not only “actions," (ar-t1‘oncs,) properly so caiied, but other proceedings also. Calvin.

PERSEQITI. Lat. In the civil law. To follow after; to pursue or claim in form of law. An action is called a "jus perseq1wndi."

PERSON. A man considered according to the rank he hoids in society, with all the rights to which the piace he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137.

A human being considered as capable of

having rights and of being charged with duties; while a “I:hing" is the object over which rights may be exercised. -—Artific-ial persons. Such as are created and devised by law for the purposes of society and government. called “corporations" or “bodies politic."—Natn1-al persons. Such as are formed by nature, as distinguished from artifi- L-inl pemons, or c0rp0rntions.—Pri.vn.£e per- Ion. An individual who is not the incumbent of an office.

Pl-JBSONA. Lat. In the civil law. Ch-.u-acter, in virtue of which certain rights beiong to a man and certain duties are imposed upon him. Thus one man may unite many characters, (pcrsavnce,) as, for example, the characters of father and son, of master and servant. Mndteld. Rom. Law, § 12:).

In ecclesiastical law. The rector of a church instituted and inducted for his own life, was coiled "persona, m.ortizlis,-" and any collegiate or conventuni body, to whom the church was forever appropriated, was termed “persona immorta.li.7." Jacob.

—I-‘ex-sona designate: _A erson pointed out or described as an individu as opposed to I

895

PERSON ALIS ACTIO

person ascertained as a member of a class, or as filling a particular character.—Pe1-Iona ecclelinz. The parson or personntion of the church.—Per'sona. non gratis. In internationai law and dipiomutic usage, a person not accept- ahie (for reasons pecuiiar to himself) to the court or government to which it is proposed to accredit him in the character of an ambassador or minister.—Personn standj in jndjcio. Ca- pacity of standing in court or in judgment‘, capacity to be a party to an action; capacity or abiiity to sue.

Persona cnnjnncta szqniparatnr inter- csse proprio. A personal connection [ilter« ally, a united person, union with a person] is equivalent to one’s own interest; nesrness of biood is as good a consideration as one's own interest. Bac Max. 72, reg.

Persona est homo mun stntu qnodmn considerntns. A person is a man considered with reference to a certain sta-tus. Heinece Elem. l. 1, tit. 3, § 75.

Persona. regis xnerg-itur persona. dnola. Jenk. Cent. 160. The person of duke merges in that of king.

PERSONABLE. Having the rights and powers of a person; abie to hold or maintain a piea in court; also capacity to take any- thing granted or given.

Persona: vice fungitnr mnnicipium at decnria. Towns and boroughs act as if persons. Warner v. Beers, 23 Wend. (N. Y.) 103, 144.

PERSONAL. Appertainlng to the person; belonging to an individual; limited to the person: having the nature or partaking of the qualities of human beings, or of momble property.

As to personal "Action," "Assets," "Chattels," “Contract," “Covenant," “Credit," “De mand." "Disability," “Franchise," “Injury," “Judgment," “Knowiedge," “Law," “Liability," “Lii)erty." “Notice." “Propert_v." “Re plevin," "Representatives," “Rights. Securi- 121' ‘‘Service,'’ “Servitude," "Statute," “'1‘ax," “Tithes." “Tort." and “Warranty," see those titles.

Personal thing: cannot ‘be done by an- other. Finch, Law, b. 1, C. 3, n. 14.

Personal thing: cannot be granted over. Finch, Law, b. 1, C. 3, n. 15.

Personal thing: die with the person. Finch, Low. b. 1, c. 3, n. 16.

Personalin personam seqnnntur. Personal things follow the person. Flanders v. Cross. 10 Cush. (Mass) 516.

In the an action

PERSONALIS ACTIO.}} Lat.

civil law. A personal action;