Blacks Law Dict. 1st ed

PERFECT

889

PERIOD

PERFECT. Complete; finished; execut ed; enforceable. PERFECT MACHINE. In patent law. A. perfected invention; not a perfectly con structed machine, but a machine so construct ed as to embody all the essential elements of the invention, in a form that would make them practical and operative so as to accom plish the result. But it is not necessary that it should accomplish that result in the most perfect manner, and be in a condition where it was not susceptible of a higher degree of perfection in its mere mechanical construc tion. 4 Fish Pat. Cas. 299. PERFECT OBLIGATION. A perfect obligation is one which gives to the opposite party the right of compulsion. 37 Ga. 128. PERFECT T I T L E . This term "can mean nothing less than a title which is good both at law and in equity." 21 Conn. 449. PERFECT TRUST. An executed trust, PERFECTING BAIL. Certain qualifi cations of a property character being re quiied of persons who tender themselves as bail, when such persons have justified, i. e., established their sufficiency by satisfying the court that they possess the requisite qualifi cations, a rule or order of court is made for their allowance, and the bail is then said to be perfected, i. e., the process of giving bail is finished or completed. Brown. Perfectum est cui nib.il deest secun dum suse perfectionis vel naturae mo dum. That is perfect to which nothing is wanting, according to the measure of its per fection or nature. Hob. 151. PERFIDY. The act of one who has en gaged his faith to do a thing, and does not do it, but does the contrary. Wolff, Inst. § 390. PERFORM. To perform an obligation or contract is to execute, fulfill, or accom plish it according to its terms. This may consist either in action on the part of the per son bound by the contract or in omission to act, according to the nature of the subject matter; but the term is usually applied to any action in discharge of a contract other than payment. PERGAMENUM. In old practice. Parchment. In pergameno scribi fecit. 1 And. 54. PERICULOSUS. Dangerous; perilous.

Ferioulosum est res novas et inusita tas inducere. Co. Litt. 379a. It is peril ous to introduce new and untried things. Periculosum existimo quod bonorum virorum non comprobatur exemplo. 9 Coke, 976. I consider that dangerous which is not approved by the example of good men. PERICULTJM. Lat. In the civil law. Peril; danger; hazard; risk. Periculum rei venditse, nondum tra ditse, est emptoris. The risk of a thing sold, and not yet delivered, is the purchas er's. 2 Kent, Comm. 498, 499. PERIL. The risk, hazard, or contingen cy insured against by a policy of insurance. PERILS OF THE SEA. In maritime and insurance law. Natural accidents pe culiar to the sea, which do not happen by the intervention of man, nor are to be prevented by human prudence. 3 Kent, Comm. 216. Perils of the sea are from (1) storms and waves; (2) rocks, shoals, and rapids; (3) other obstacles, though of human origin; (4) changes of climate; (5) the confinement nec essary at sea; (6) animals peculiar to the sea; (7) all other dangers peculiar to the sea. Civil Code Cal. § 2199. All losses caused by the action of wind and water acting on the property insured under extraordinary circumstances, either directly or mediately, with out the intervention of other independent active external causes, are losses by "perils of the sea or other perils and dangers," within the meaning of the usual clause in a policy of marine insurance. Baily, Perils of Sea, 6. In an enlarged sense, all losses which occur from maritime adventure may be said to arise from the perils of the sea; but underwriters are not bound to this extent. They insure against losses from extraordinary occurrences only; such as stress of weather, winds and waves, lightning, tempests, etc. These are understood to be meant by the phrase "the perils of the sea," in a marine policy, and not those ordinary perils which every vessel must encounter. 8 Pet. 557. PERINDE VALERE. A dispensation, granted to a clerk, who, being defective in capacity for a benefice or other ecclesias tical function, is de facto admitted to it. Co well. PERIOD. Any point, space, or division of time. "The word • period' has its etymo logical meaning, but it also has a distinctive signification, according to the subject with which it may be used in connection. It may mean any portion of complete time, from a thousand years or less to the period of a day; and when used to designate an act to be done or to be begun, though its

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