Blacks Law Dict. 1st ed

PERPETUITY OP THE KING

PERNOR OP PROFITS

891

the taking, perception, or receipt of the rents and other advantages arising therefrom. 2 BL Comm. 163. PERNOR OP PROFITS. He who re ceives the profits of lands, etc.; he who has the actual pernancy of the profits. PERNOUR. L. Fr. A taker. Le per nour ou le detenour, the taker or the detainer. Britt. c 27. PERPARS. L. Lat. A purpart; a part of the inheritance. PERPETRATOR. Generally, this term denotes the person who actually commits a crime or delict, or by whose immediate agency it occurs. But, where a servant of a railroad company is killed through the neg ligence of a co-employe, the company itself may be regarded as the "perpetrator" of the act, within the meaning of a statute giving an action against the perpetrator. 33 Iowa, 47. Perpetua lex est nullam legem huma nam ao positivam perpetuam esse, et clausula quee abrogationem excludit ab initio non valet. It is a perpetual law that no human and positive law can be perpetual, and a clause [in a law] which precludes the power of abrogation is void ab initio. Bac. Max. p. 77, in reg. 19. PERPETUAL. Never ceasing; continu ous; enduring; lasting; unlimited in respect of time. PERPETUAL CURACY. The office of a curate in a parish where there is no spirit ual rector or vicar, but where a clerk (curate) is appointed to officiate there by the impro priator. 2 Burn, Ecc. Law, 55. The church or benefice filled by a curate under these circumstances is also so called. PERPETUAL EDICT. In Roman law. Originally the term "perpetual" was merely opposed to "occasional," and was used to dis tinguish the general edicts of the praetors from the special edicts or orders which they issued in their judicial capacity. But under Hadrian the edict was revised by the jurist Julianus, and was republishedas a permanent act of legislation. It was then styled "per petual," in the sense of being calculated to endure in perpetuum, or until abrogated by competent authority. Aust. Jur. 855. PERPETUAL INJUNCTION. Op posed to an injuction ad interim; an injunc tion which finally disposes of the suit, and is indefinite in point of time.

PERPETUAL LEASE. A lease of lands which may last without limitation as to time; a grant of lands in fee with the reservation of a rent in fee; a fee-farm. PERPETUAL STATUTE. One which is to remain in force without limitation as to time; one which contains no provision for its repeal, abrogation, or expiration at any fut ure time. PERPETUAL SUCCESSION. That continuous existence which enables a corpora tion to manage its affairs, and hold property without the necessity of perpetual convey ances, for the purpose of transmitting it. By reason of this quality, this ideal and artificial person remains, in its legal entity and per sonality, the samp, though frequent changes may be made of its members. Field, Corp. § 58; 5 Mo. App. 340. PERPETUATING TESTIMONY. A proceeding for taking and preserving the tes timony of witnesses, which otherwise might be lost before the trial in which it is intended to be used. It is usually allowed where the witnesses are aged and infirm or are about to remove from the state. 3 Bl. Comm. 450. PERPETUITY. A future limitation, whether executory or by way of remainder, and of either real or personal property, which is not to vest until after the expiration of or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, and which is not destructible by the persons for the time being entitled to the property subject to the future limitation, except with the concur rence of the individual interested under that limitation. Lewis, Ferp. 164; 52 Law Lib. 139. Any limitation tending to take the subject of it out of commerce for a longer period than a life or lives in being, and twenty-one years beyond, and, in case of a posthumous child, a few months more, allowing for the term of gestation. Rand. Perp. 48. Such a limitation of property as renders it unalienable beyond the period allowed by law. Gilb. Uses, (Sugd. Ed.) 260. PERPETUITY OF THE KING. That fiction of the English law which for certain political purposes ascribes to the king in his political capacity the attribute of immoitali ty; for, though the reigning monarch may die, yet by thisfictionthe king never dies, i. e. % the office is supposed to be reoccupied for all political purposes immediately on his death. Brown.

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