Blacks Law Dict. 1st ed

TEON

885

PER CUIIIAM

PER AND CUT. When a writ of entry is brought against a second alienee or de scendant from the disseisor, it is said to be in the per and cui, because the form of the writ is that the tenant had not entry but by and under a prior alienee, to whom the in truder himself demised it. 3 Bl. Comm. 181. PER AND POST. To come in in the per is to claim by or through the person last en titled to an estate; as the heirs or assigns of the grantee. To come in in the post is to claim by a paramount and prior title; as the lord by escheat. PER ANNULUM ET BACULUM. In old English law. By ring and staff, or crozier. The symbolical mode of conferring an eccle siastical investure. 1 Bl. Comm. 378, 379. PER ANNUM. By the year. A phrase still in common use. PER AUTRE VIE. L. Fr. For or during another's life; for such period as an other person shall live. PER AVERSIONEM. In the civil law. By turning away. A term applied to that kind of sale where the goods are taken in bulk, and not by weight or measure, and for a single price; or where a piece of land is sold as containing in gross, by estimation, a certain number of acres. Potli. Cont. Sale, nn. 256, 309. So called because the buyer acts without ( particulai examination or discrim ination, turning his face, as it were, away. Calvin. PER BOUCHE. L. Fr. By the mouth; oraUy. 3 How. State Tr. 1024. PER CAPITA. By the heads or polls; according to the number of individuals; share and share alike. This term, derived from the civil law, is much used in the law of descent and distribution, and denotes that method of dividing an intestate estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the de cedent, without reference to their stocks or the right of representation. It is the antith esis of per slirpes, (q. v.) PER CONSEQUENS. Byconsequence; consequently. Yearb. M. 9 Edw. III. 8. PER CONSIDERATIONEM CURL33. In old practice. By the consideration (judg ment) of the court. Yearb. M. 1 Edw. II. 2. PER CURIAM. By thecourt. A phrase used in the repoits to distinguish an opinion

sometimes by inferior churches or parishes to the principal mother churches. They are also called " Whitsun farthi ngs." Whar ton PEON. In Mexico. A debtor held by his creditor in a qualified servitude to work out the debt; a serf. Webster. In India. A footman; a soldier; an in ferior officer; a servant employed in the bus iness of the revenue, police, or judicature. PEONIA. In Spanish-American law. A lot of land of fifty feet front, and one hun dred feet deep. Originally the portion grant ed to foot-soldiers of spoils taken or lands conquered in war. PEOPLE. A state; as the people of the state of New York. A nation in its collect ive and political capacity. 4 Term R. 783. PEPPERCORN. A dried berry of the black pepper. In English law, the reserva tion of a merely nominal rent, on a lease, is sometimes expressed by a stipulation for the payment of a peppercorn. PER. Lat. By. When a writ of entry is sued out against the alienee of the original intruder or disseisor, or against his heir to whom the land has descended, it is said to be brought "in the per," because the wiit then states that the tenant had not entry but by {per) the original wrong-doer. 3 Bl. Comm. 181. PER 2ES ET LIBRAM. In Roman law. The sale per ces et libram (with copper and scales) was a ceremony used i n transfer ring res mancipi, in the emancipation of a son or slave, and in one of the forms of mak ing a will. The parties having assembled, with a number of witnesses, and one who held a balance or scales, the purchaser struck the scales with a copper coin, repeating a formula by which he claimed the subject matter of the transaction as his pioperty, and handed the coin to the vendor. PER ALLUVIONEM. In the civil law. By alluvion, or the gradual and impercepti ble increase arising from deposit by water. Per alluvionem id videtur adjici quod ita paulatim adjieitur ut mtelligere non possumus quantum quoquo momento temporis adjiciatur. That is said to be added by alluvion which is so added little by little that we cannot tell how much is added at any one moment of time. Dig. 41, 1, 7, 1; Fleta, 1. 3, c. 2, § 6.

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