Page:Black's Law Dictionary (Second Edition).djvu/975

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PUB.

PIER. L. Fr. By or for. Used both as :1 separable particle, and in the composition of such words as “pnrparty," “purlieu."

—Pur nut:-s vie. For (or during) the life of another. An estate pwr autre pic is an estate uhjth endures only for the life of some partic- uhir person other than the grantce.—I-'ur cause |‘_ls vicinnge. By reason of neighborhood. See (:oiui0N.—Pu.r tent que. For-asmnch as; because; to the intent that. Keiham.

PURCHASE. The word “purchese" is used In law In contradlstinction to “descent," and means any other mode of acquiring real property than by the common course of inheritance Bnt it is also much used in its more restricted vernacular sense, (that of buying for a sum of money.) especially in modern law literature; and this is universally its applitation to the case of chattels. See Stamm v. Bostwich. 122 N. Y. 48, 25 N. E. 9 L. R. A. 597; Hall v. Hail, 81 N ‘1. 13-1; Berger v. United States Steel (1011)., 63 N. J. Eq. 809, 33 Atl. GS: Falley v. Grlhling. 128 Ind. 110, 26 N. E. 794; Chambers v. St. Louis, 20 M0. 574.

—l’urclmse money. The Consideration in money paid or a,:l'9ed to be paid ii) the linver to the seller of property. parlicnl-ii-ly of land. Plli‘l'i.i:\Se money means money stipnhteil to he paid by s punlltlser to his vendor, and dues not 'il|(‘iildE money the purchaser may have borrow- ed to complete his purchase. Purchase money, as between vendor and vcndee only, is contemplated; as between purchaser and is-niler, the money is "borrowed money." fleuislcr v. Vich- um, 39 Md. 270. But e Houlchan v. Rassier, T3 \\‘is. 557, 41 N. W. i_'U,——Purchuse-ruoney mortgage. See I\lDl‘:'IaAGE.—Qunsi pur- chsse. In the civil law A purchase of prop- erty not founded on the actual agreement of the parties, but on conduct of the owner which is inconsistent with any other hypothesis than that he intended a saIe.—Words of purchase. Words of purchase are words which denote the person who is to take the estate. Thus, if I grant land to A, for to onty-one years, and after the determination of that tenn to A.'s heirs, the word "heirs" does not denote the duration of ifs estate, but the person who is to take the rt-m-under on the ex ion of the term, and is therefore called 21 Vord of purt-linse." WiI- liams, Real Prop.; Fesrne, Rem. 76, et seq.


PURCHASER. One who acquires real property in any other mode than by descent. One who acquires either real or personal property by buying it for a price in money; a buyer; vendee.

In the construction of registry acts, the tcrni "purchaser" is usually taken in its technical legal sense. It means a complete purchaser. or, in other words, one clothed with the legal title. Steele v. Spencer, 1 Pet. 552, 559, 7 L. Ed. . —Boim fide purchaser. See BONA Fran.- Firlt pun-chaser. In the law of descent. this term signifies the ancestor wiio first or iiired (in any other manner than by inheritance the estate which still remains in his family or des(‘cndants.—Innocent purchaser. See IN- ‘InCEN'l'.—PIll‘c].lnlel‘ of a. note or bill. The person who buys a promissory note or_bili of exrhange from the holder without his indoisement.

Purchaser without notice is not oblig- Od. to discover to his own hurt. See 4 Boav. inst. note 4336.

907

PURFART

PURE. Absolute; complete; simple; unmixed; unqualified; free lrom conditions or restrictions; as in the phrases pure 1-_harlty, pure debt, pure obligation, pure plea, pure villenagc, as to which see the nouns.

PURGATION. The act of cleansing or exonerating une's self of a crime, accusation, or suspicion of guilt, by denying the charge on oath or by ordeaL

C'imom'cal purgntion was made by the party's taking his own oath that he was innocent of the charge, which was supported by the oath of twelve compurgators, who swore they believed he spoke the truth. To this succeeded the mode of purgation by the sin- gle oath of the party himself, called the “oath ea: aificio," of which the l.|l0Iie1'Li de£eud.1nt's oath in Chancery is a modification. 3 Bl. Comm. 447; 4 Bl. 00mm. 368.

Vulgar purgation consisted in ordeals or trials by hot and cold water, by tire, by hot irons, by buttel, by corsned, etc.

PURGE. To cleanse; to clear; to clear or exonerate from some charge or imputation of guilt, or from a contempt.

—Pui-ged of partial counsel. In Scotch practice. Clea-irit] of having been partially ad- vised. A term applied to the preliminary examination of a witness. in which he is sworn and examined whether he has received any hribe or promise of reward, or has liecn told what to say, or whether be bears malice or ill \\ill to any of the parties. BelI.—Pux-g-ing a tort is like the ratiheation of a wrogful iut by a person who has power of himself to lavi fully do the act. But, unlike ratiiltatian, the purging of the tort may take place even after colliinentement of the action. 1 rod. B. '.’S.'.—Pui-g-iiig contempt. Atoning for, or clearing one's self from. contempt of court, (q. o.) It is generally done by apologizing and pay rig fees, and is generally ndmilted after a moderate lime in pro- portion to the magnitude of the offense.

PURGE D]-IS HYPOTHEQUES. Fr. In French I.u\. An expression used to describe the net of freeing an estate from me mortgages and privileges with which It is charged, observing the formalities prescribed by law. Dnverger.

PURLIEU. In English law. A space of land near a royal forest, which, being severed from it, was made purlieu; that is, pure or free from the forest laws.

—Purlieu-men. Those who have ground within the purlieu to the yearly value of 40s. a year freehold are licensed to hunt in their own purlieus. Manw. c. 20 § 8.

PURLOIN. or theft.

To steal; to commit Inrceny Mccann v. U. S., 2 Wyn. 293.

PURPART. A share; 1 part in a di- vision; that part of an estate, formerly held in common, which is by partition allotted to any one of the parties. The word was acniently applied to the shares falling separately to coparceners upon a division or paitition

of the estate, and was generally spelled “pur-