Blacks Law Dict. 1st ed

887

PER SE

PERDURABLE

PERSE. By himself or itself; in itself; taken alone; inherently; in isolation; uncon nected with other matters. PER STIRPES. By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intestate estate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking thus by their right of representing such ancestor, and not as so many individuals; while other heirs, who Btand in equal degree with such ancestor to the decedent, take each a share equal to his. PER TOTAM CURIAM. By the whole court. A common phrase in the old reports. PER TOUT ET NON PER MY. L. Fr. By the whole, and not by the moiety. Where an estate in fee is given to a man and his wife, they cannot take the estate by moie ties, but both are seised of the entirety, per tout et non per my. 2 Bl. Comm. 182. PER UNIVERSITATEM. Lat. In the civil law. By an aggregate or whole; as an entirety. The term described the acqui sition of an entire estate by one act or fact, as distinguished from the acquisition of sin gle or detached things. PER VADIUM. In old practice. By gage. Words in the old writs of attachment or pone. 3 Bl. Comm. 280. Per varios actus legem experientia facit. By various acts experience frames the law. 4 Inst. 50. PER VERBA DE PUTURO. By words of the future [tense.] A phrase applied to contracts of marriage. 1 Bl. Comm. 439; 2 Kent, Comm. 87. PER VERBA DE PRJESENTI. By words of the present [tense.] A phrase ap plied to contracts of marriage. 1 Bl. Comm. 439. PER VISUM ECCLESLaE. In old English law. By view of the church; under the supervision of the church. The disposi tion of intestates' goods per visum ecclesice was one of the articles confirmed to the prel ates by King John's Magna Charta. 3 Bl. Comm. 96. PER VIVAM VOCEM. In old English law. By the living voice; the same with Diva voce. Bract, fol. 95. PER YEAR, in a contract, is equivalent to the word "annually." 39 N. Y. 211.

PERAMBULATION". The act of walk ing over the boundaries of a district or piece of land, either for the purpose of determin ing them or of preserving evidence of them. Thus, in many parishes in England, it is the custom for the parishioners to perambulate the boundaries of the parish in rogation week in every year. Such a custom entitles them to enter any man's land and abate nuisances in their way. Phillim. Ecc. Law, 1867; Hunt, Bound. 103; Sweet. PERAMBULATIONE TACIENDA, WRIT DE. In English law. The name of a writ which is sued by consent of be th par ties when they are in doubt as to the bounds of their respective estates. It is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty. Fitzh. Nat. Brev. 133. PERCA. A perch of land; sixteen and one-half feet. See PERCH. PERCEPTION. Taking into possession. Thus, perception of crops or of profits is re ducing them to possession. PERCEPTURA. In old records. A wear; a place in a river made up with banks, dams, etc., for the better conven ience of preserving and taking fish. Cowell. PERCH. A measure of land containing five yards and a half, or sixteen feet and a half in length; otherwise called a "rod" or *pole." Cowell. PERCOLATE, as used in the cases re lating to the right of land-owners to use water on their premises, designates any flowage of sub-surface water other than that of a running stream, open, visible, clearly to be traced. 7 Nev. 363. PERDONATIO UTLAGARI^J. A pardon for a man who, for contempt in not yielding obedience to the process of a court, is outlawed, and afterwards of his own ac cord surrenders. Reg. Orig. 28. PERDUELLIO. In Roman law. Hos tility or enmity towards the Roman republic; traitorous conduct on the part of a citizen, subversive of the authority of the laws or tending to overthrow the government. Cal vin.; Vicat. PERDURABLE. As applied to an estate, perdurable signifies lasting long or forever. Thus, a disseisor or tenant in fee upon con dition has as high and great an estate as the rightful owner or tenant in fee-simple absolute, but not so perdurable. The term

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