Blacks Law Dict. 1st ed

PEE EUNDEM

PER SALTUM

886

of the whole court from an opinion written by any one judge. Sometimes it denotes an opinion written by the chief justice or pre siding judge. PER EUNDEM. By the same. This phrase is commonly used to express "by, or from the mouth of, the same j udge." So " per eundem in eadem" means "by the same judge in the same case." PER EXTENSUM. In oldpractice. At length. PER PORMAM DONI. In English law. By the form of the gift; by the desig nation of the giver, and not by the operation of law. 2 Bl. Comm. 113, 191. PER FRAUDEM. By fraud. Where a plea alleges matter of discharge, and the replication avers that the discharge was fraudulently obtained and is therefore invalid, it is called a "replication per fraudem." PER INCURIAM. Through inadvert ence. 35 Eng. Law & Eq. 302. PER INDUSTRIAM HOMINIS. In old English law. By human industry. A term applied to the reclaiming or taming of wild animals by art, industry, and education. 2 Bl. Comm. 391. PER INFORTUNIUM. By misadvent ure. In criminal law, homicide per infor tunium is committed where a man, doing a lawful act, without any intention of hurt, unfortunately kills another. 4 Bl. Comm. 182. PER LEGEM ANGLIiE. By the law of England; by the curtesy. Fleta, lib. 2, c. 54, § 18. PER LEGEM TERRAS. By the law of the land. PER METAS ET BUNDAS. In old English law. By metes and bounds. PER MINAS. By threats. See DURESS. PER MISADVENTURE. In old En glish law. By mischance. 4 Bl. Comm. 182. The same with per infortunium, (q.v.) PER MT ET PER TOUT. L. Fr. By the half and by the whole. A phrase de scriptive of the mode in which joint tenants hold the joint estate, the effect of which, technically considered, is that for purposes of tenure and survivorship each is the holder of the whole, but for purposes of alienation each has only his own share, which is pre

sumed in law to be equal. 1 Washb. Real Prop. 406. PER PAIS, TRIAL. Trial by the coun try; i. e., by jury. PER PROCURATION. By proxy; by one acting as an agent with special powers; as under a letter of attorney. These words "give notice to all persons that the agent is acting under a special and limited authority." 10 C. B. 689. The phrase is commonly ab breviated to "per proc," or "p. p.," and is more used in the civil law and in England than in American law. PER QUJE SERVITIA. A real action by which the grantee of a seigniory could compel the tenants of the grantor to attorn to himself. It was abolished by St. 3 & 4 Wm. IV. c. 27, § 35. PER QUOD. Whereby. When the dec laration in an action of tort, after stating the acts complained of. goes on to allege the consequences of those acts as a ground of spe cial damage to the plaintiff, the recital of such consequences is prefaced by these words, "per quod," whereby; and sometimes the phrase is used as the name of that clause of the declaration. PER QUOD CONSORTIUM AMISIT. In old pleading. Whereby he lost the com pany [of his wife.] A phrase used in the old declarations in actions of trespass by a husband, for beating or ill using his wife, descriptive of the special damage he bad sus tained. 3 Bl. Comm. 140; Cro. Jac. 501, 538. PER QUOD SERVITIUM AMISIT. In old pleading. Whereby he lost the serv ice [of his servant.] A phrase used in the old declarations in actions of trespass by a master, for beating or ill using his servant, descriptive of the special damage he had him self sustained. 3 Bl. Comm. 142; 9 Coke, 113a. Per rationes pervenitur ad legitimam. rationem. Litt. § 386. By reasoning we come to true reason. Per rerum naturam factum negantis nulla probatio est. It is in the nature of things that he who denies a fact is not bound to give proof. PER SALTUM. By a leap or bound; by a sudden movement; passing over certain proceedings. 8 East, 511.

Archive CD Books USA