Page:Black's Law Dictionary (Second Edition).djvu/976

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PURPORT

party,” but it is now used in relation to any kind of partition proceedings. See Seiders V. Giles, 141 Pa. 93, 21 Atl. 514.

PURPORT. Meaning; import; substantial meaning; substance. The “purport" of an instrument means the substance of it as it appe-irs on the face of the instrument, and is distinguished from “tenor," which means an exiict copy See Dana v. State, 2 Ohio St. 93. State v. Sherwood. 90 Iowa, 550, 58 N. W. 91.1, 48 Am. St. Rep. -161; State V. Pulleiis. 31 M0. 392; Com. v. “Eight. 1 Cush l)Liss.) H5; State v. Page, 19 M0. 213.

PURPRESTURE. A purpresture may he defined us an inclusnre by a private party of a pint of that WhlCh belongs to and ought to be open and free to the enjoyment of the public at large. It is not necessarily a public nuisnnte. A puhlic nuisance must be something which subjects the public to some de- gree of inconvenience or annoyance; but B purpresture may exist without putting the public to any inconvenience whatever. Attorney General v. Evnrt Booming Co., 34 Mich. 462. And see Cobb v. Lincoln Park Com rs. 2% Iii. 427, 67 N. E. 5, 63 L. R. A. 2l‘»L 95 Am. St. Rep. 258; Coiumbus V. Juques. 30 Go 506; Sullivan v. Moreno, 19 Flo. 223; U. S. v. Debs (C. C.) 64 Fed 7410;

Drake v. Hudson River R. Co., 7 Barb. (N. Y.) 548 PURPRISE. L. Fr. A close or inclo-

sure; as also the whole compass of B manor.

PURPURE, or PORPRIN. A term used in heraldry; the color commonly called "purple," expressed in engravings by lines in bend sinister. in the arms of princes it was formerly called “mercury," and in those of peers "ziniethyst."

PURSE. A purse, prize, or premium is .ordi.uz1iily some valuable thing, offered by a person for the doing of something by others, into strife for which he does not enter. He has not a chance of gaining the thing otter-ed; and, if he abide by his otter, that he must lose it and give it over to some of those con- -tending for it is reasonably certain. Earns V. White. 81 N. Y. 539.

PURSER. The person appointed by the master of a ship or iessei, whose duty it is to take care of the ship's hooks, in which every thing on board is inserted, as well the names of m.-iriiieis as the articles of mer- chi i e shipped. Hoccus, Ins. note.

PURSUE. To follow :1 matter judicially, as :1 complaining p'irty.

To pursue a w:1ri':1nt or authority, in the old boo.s. is to execute it or carry it out. 00. Litt. 5'.’u.

PURSUEE. The name by which the complainant or plrtlntitf is known in the eccle- aliistic.-il courts, and in the Scotch law.

968

PUTATIVE

PURSUIT O1" HAPPDVESS. A! used In constitutional law, this right includes personal freedom, freedom of contract. exemption from oppression or lnvidious discriniiiiai tion, the right to follow one‘s iiidividuiil preference in the choice of on occupubm and the application of his energies, lilieiiy of conscience, and the right to enjoy the domestic relations and the privilegoc of the famiiy and the home. Black, Coust. Law (30 Ed.) 1). 5-14. See liuhstrat v. People. lifl Ill. 133. 57 N. E. 41, 49 L. R. A. 1S], '0 Am St. Rep. 30; Hooper v. Californl.-i. 13 U. S. 648, 15 S. Ct. 207. 39 L. Ed. ‘Z97: Butchers’ Union, etc., Go. v. Crests-nt City Live Stock, etc.. Co., 111 U. S. 741:’. -i am Ct. 652, 28 L. Ed 585.

PURUS IDIOTA. Lat. A congenital idiot. PURVEYANCE. In old English km’.

A providing of necessaries for the king’: house. Cowell.

PURVEYOR. In old English law. An officer who procured or purchased article: needed for the king's use at an ai-liiii-.iry price. In the statute 36 Edw. III. c. 2. this is called a “Izet'gn,au.9 name." (heinous or hatefui name.) and changed to that of “anim- tor." Barring. Ob. St 289.

PUEVIEW. That part of a statute (‘Om- mencing with the words “Be it enuu-.-d," and continuing as far as the rep--.iLiw: clause; and hence, the design, contamintion. purpose, or scope of the act. See Suiith V. Hickman. Cooke (Tenn.) 3'57; P.'1_V'i1u V. Conner, 3 Bibh (K52) 181; Hirtli v. Iiiiliu.nnpolis, 18 Ind. App. 673, 48 N. E. 876.

PET. In pleading. To confide to; to re- ly upon; to submit to. As iu the phrase, "the said defendant puts himself upon the country ;" that is, he trusts his case to the srbltrament of B jury.

PUT IN. in practice. To place in due form before a court; to place among the records of I court.

PUT OUT. To open. to open or cut windows.

To put out lights: 11 East. 372.

Putsginm hseredltatem non mlimit. I Reeve, Eng. Law. c. 3, p. 117. Incontinence does not take away an inheritance.

PUTATIVE. Reputed; supposed; coinmoniy esteemed. Applied in Scotch law to creditors and proprietors. 2 Kama, Fig. 105. 107. 10.‘).

—Pntative father. The alleged or reputed father of an ilicgitini-ite child. Suite v. hast- ava.l_ 72 Minn. 415. 7-": N. W. 725.—PnfatiVe Inarriage. A marriage contracted in good faith and in ignorance (on one or lintli sides) that impediments exist which render it unlaw-

. See Mackeld. Rom. Law. § §v5G. See in re Hall, 01 App. Div. 26 70 N. X. Supp. 410,

Smith v. Smith, 1 Tex. 628, -16 Am. Dec. :51.