Page:Black's Law Dictionary (Second Edition).djvu/904

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PERSONALIS ACTIO

against the person. (in personam.) Dig. 50, 16, 178, 2.

In old English law. A personal action. In this sense, the term was borrowed from the civil law by Bracton. The English form is constantly used as the dos-ign.itiun of one of the chief divisions of civil actions.

PERSONALITER. Personaliy; in pei son.

In old English law.

PERSONALITY. In modern civil law. The inciiience of a law or statute upon persons, or that quality which makes it a personal law rather than a real isw. “By the pcisnnaiity of laws, foreign jurists generally mean all laws which couceiu the condition, state, and capacity of persons." Story, Confl. Laws, § 16.

P E B § 0 NA I. '1.‘ Y. Personal property: momhle property; chattels.

An abstract of personal. In old practice,

an action was said to be in the personalty, where it was brought agalnst the right person or the person against whom in law it lay. Old Nat. Brev. 92: Cowell. —Qnnai personally. Thin", which are mov- able in point of law. thu wgii fixed to Iliings real, eiliicr actunily, as eu«1<l-Lm‘nts_ (jrmius Emineti-mlr-ir.) fiitui» I. cu-.~ or fictitiousiy, as chattels-reni. inns-*9 for yn-irs, etc.

PERSONATE. In criminal law. To assunie the person (character) of another, without his consent or knowiedge, in order to tie- eeive others, and. in such feigned character, to fraudulently do some act or gain some advantage. to the harm or prejudice of the person counterfeited. See 2 East, P. G. 1010.

PERSONERO. In Spanish law. A1: attorney. so called because he represents the person or another, either in or out of court. Las Partidns, pt. 3. tit. 5. l. 1.

PERSONNE. Fr. A person. This term is appiicnble to men and women, or to either. (Jiv. Code Lat. art. 3' 2, §25.

Perspicnn vex-n non aunt probnndn. Co. Litt. 16. Plain truths need not he proved.

PERSUADE, PERSUADING. To persuade is to induce to act. Peisuading is indncing others to act. Orosl-_y \-'. Hawthorn, 25 lia 221; Wi.:un v. state, :58 Ali]. 411; N.isii v. Dou;'in='s, 12 Abb. Piac. (N. S.) (N. Y.) 190

PERSUASION. The act of persuading; the in" of lniiiw mi’ 3 the mind br Li‘ zuun-nts or r(.v<ana ml ‘,1 i, nr by anything that moves the mind or |u::-- «us, or inclines the will to I determination. See Marx v. Threet, 131 Ala. 34U. 30 South. 831.

PERTAIN. To belong or relate to, whether by nature, appointment, or custom. See

896

PESSIMI EXEMPLI

People v. Chicago Theoiogicai Seniiaa I11. 177, 51 N. E. 198.

PERTENIENCIA. In Spanish law. claim or right which one has to the p in anything; the territory whidn iiei any one by way of jurisdiction or that which is accessory or consequent principal thing, and goes with the 0 of it, as when it is said that such an on such an estate with all its appurten uwrtciicriciua.) Escriche. See Cal United States, 2 Black. 17, 17 L. Ed.

PEETICATA THERE. The fourth of an acre. Cowell.

PERTICULAS. A pittance; a amail tion of aims or victuais. Also certain scholars of the Isle of Man. CoweiL

PERTINENT. Appiicahle; reie Evidence is called "pertinent" when it is rected to the issue or matters In dispute. :1 iegitiuintciy tends to prove the aiieguiiuns the party offering it; othcrvlise it is “inipertiueut." A pertinent hypothesis is which, if sustained, would ingically inll the issue. Whitaker v. state, 106 Aia. 30. South. 456.

PERTINENTS. In Scotch law. A111-I tenances. “Parts and pertinents" are E words in old deeds and charters. 1 Inst. pt. 2, pp. 112. 1.18.

PERTURBATION. In the Englifi ecclesiasticai (.0l.ll ts, a "suit for pt-rtui-ii-.ii!on o seat" is the technical name for an action growing out of a distuiimnce or infriigu of ones right to £1 pow or sent in a chiufif. 2 Philiim. Ecc. Law, 1813.

PERTURBATRIX. breaks the peace.

A woman who

I’ E R V E R S E VERDICT. A verdict whereby the jury refuse to follow the direction of the judge on a point of law.

PEBVISE, PARVISE. In old English law. The court or yard of the king's palace at Westminster. Also an afternoon exer- cise or moot for the instruction of stnflull Cowoli; Biount.

PESA. A weight of two hundred and fifty-six pounds Cowell.

PESAGE. In England. A toll chnrged for weighing avoirdupois goods other than wooi. 2 Chit. Con]. Law, 16. PESQIIISIDOE. In Spanish law. Coro- ner. White, New Recon. b. 1, tit. 1, §3.

PESSIMI EXEMPLI. Wfllst exanipie.

Lot. Of the