Blacks Law Dict. 1st ed

888

PEREGRINI

PEREMPTORY WRIT

tion to return a verdict for the defendant, or for the plaintiff, as the case may be. PEREMPTORY MANDAMUS. When a mandamus has issued commanding a party either to do a certain thing or to signify some reason to the contrary, and the party to whom such writ is directed returns or signifies an insufficient reason, then there issues in the second place another writ, termed a "per emptory mandamus," commanding the party to do the thing absolutely, and to which no other return will be admitted but a certificate of perfect obedience and due execution of the writ. 3 Steph. Comm. 683; Brown. PEREMPTORY NONSUIT. A com pulsory or involuntary nonsuit; one which is ordered by the court, as distinguished from one which the plaintiff takes voluntarily. PEREMPTORY PAPER. A list of the causes which were enlarged at the request of the parties, or which stood over from press of business in court. PEREMPTORY PLEAS. "Pleas in bar" are so termed in contradistinction to that class of pleas called "dilatory pleas." The former, viz., peremptory pleas, are usual ly pleaded to the merits of the action, with the view of raising a material issue between the parties; while the latter class, viz., dila tory pleas, are generally pleaded with a view of retarding the plaintiff's proceedings, and not for the purpose of raising an issue upon which the parties may go to trial and settle the point in dispute. Peremptory pleas are also called "pleas in bar," while dilatory pleas are said to be in abatement only. Brown. PEREMPTORY RULE. In practice. An absolute rule; a rule without any condi tion or alternative of showing cause. PEREMPTORY UNDERTAKING. An undertaking by a plaintiff to bring on a cause for trial at the next sittings or assizes. Lush, Pr. 649. PEREMPTORY WRIT. An original writ, called from the words of the writ a "si tefecerii securum," and which directed the sheriff to cause the defendant to appear in court without any option given him, provid ed the plaintiff gave the sheriff security ef fectually to prosecute his claim. The writ was very occasionally in use, and only where nothing was specifically demanded, but only a satisfaction in general; as in the case of writs of trespass on the case, wherein no debt or other specific thing was sued for, but only damages to be assessed by a jury. Brown,

is chiefly used with reference to the extin guishment of rights by unity of seisin, which does not take place unless both the right and the land out of which it issues are held for equally high and perdurable estates. Co. Litt. 313a, 3136; Gale, Easem. 582; Sweet. PEREGRINI. In Roman law. The class of peregrini embraced at the same time both those who had no capacity in law, (capacity for rights or jural relations,) namely, the slaves, and the members of those nations which had not established amicable rela tions with the Roman people. Sav. Dr. Rom. § 66. PEREMPT. In ecclesiastical procedure an appeal is said to be perempted when the appellant has by his own act waived or barred his right of appeal; as where he par tially complies with or acquiesces in the sentence of the court. Phillim. Ecc. Law, 1275. P E E E M P T I O N . A nonsuit; also a quashing or killing. PEREMPTORIUS. In the civil law. That which takes away or destroys forever; hence, exceptio peremptoria, a plea which is a perpetual bar. Calvin. PEREMPTORY. Imperative; absolute; not admitting of question, delay, or recon sideration. Positive; final; decisive; not ad mitting of any alternative. Self-determined; arbitrary; not requiring any cause to be shown. PEREMPTORY CHALLENGE. In criminal practice. A species of challenge which a prisoner is allowed to have against a certain number of jurors, without assign ing any cause. PEREMPTORY DAY. A day assigned for trial or hearing in court, absolutely and without further opportunity for postpone ment. PEREMPTORY DEFENSE. A de fense which insists that the plaintiff never had the right to institute the suit, or that, if he had, the original right is extinguished or determined. 4 Bouv. Inst. no. 4206. PEREMPTORY EXCEPTION. In the civil law. Any defense which denies entire ly the ground of action. PEREMPTORY INSTRUCTION. An instruction given by a court to a jury which the lattermusfsbey implicitly; as an instruc

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