Blacks Law Dict. 1st ed

892

PERQUISITES

PERSONAL ACTION

PERQUISITES. In its most extensive sense, "perquisites" signifies anything ob tained by industry or purchased with money, different from that which descends from a father or ancestor. Bract. 1. 2, c. 30, n. 3. Profits accruing to a lord of a manor by virtue of his court-baron, over and above the yearly profits of his land; also other things that come casually and not yearly. Mozley & Whitley. In modern use. Emoluments or incident al profits attaching to an office or official position, beyond the salary or regular fees. PERQUISITIO. Purchase. Acquisition by one's own act or agreement, and not by descent. PERQUISITOR. In old English law. A purchaser; one who first acquired an es tate to his family; one who acquired an estate by sale, by gift, or by any other method, ex cept only that of descent. 2 Bl. Coinm. 220. PERSECUTIO. Lat. In the civil law. A following after; a pursuing at Jaw; a suit or prosecution. Properly that kind of judicial proceeding before the praetor which was called "extraordinary." In a general sense, any judicial proceeding, including not only "ac tions," (actiones,) propeily so called, but other proceedings also. Calvin. PERSEQUI. Lat. In the civil law. To follow after; to pursue or claim in form of law. An action is called a "juspersequendi." PERSON. A man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137. A human being considered as capable of having rights and of being charged with du ties; while a "thing" is the object over which rights may be exercised. Persons are divided by law into natural and artificial. Natural persons are such as the God of nature formed us; artificial aie such as are created and devised by human laws, for the purposes of society and govern ment, which are called "corporations" or "bodies politic." 1 Bl. Comm. 123. PERSONA. Lat. In the civil law. Character, in virtue of which certain rights belong to a man and certain duties are imposed upon him. Thus one man may unite many characters, (persona,) as, for example, the characters of father and son, of master and servant. Maekeld. Rom. Law, § 129.

In ecclesiastical law. The rector of a church instituted and inducted, for his own life, was called "persona mortalis; " and any collegiate or conventual body, to whom the church was forever appropriated, was termed u persona immortalis." Jacob. Persona conjuncta eequiparatur inter esse proprio. A personal connection [liter ally, a united person, union with a person} is equivalent to one's own interest; nearness of blood is as good a consideration as one's own interest. Bac. Max. 72, reg. PERSONA DESIGNATA. A person pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character. PERSONA ECCLESL2E. The parson or personation of the church. Persona est homo cum statu quodam consideratus. A person is a man consid ered with reference to a certain status Heinecc. Elern. 1. 1, tit. 3, § 75. Persona regis mergitur persona ducis. Jenk. Cent. 160. The person of duke merges in that of king. PERSONA STANDI IN JUDICIO. Capacity of standing in court or in judgment; capacity to be a party to an action; capacity or ability to sue. PERSONABLE. Having the rights and powers of a person; able to hold or maintain a plea in court; also capacity to take anything granted or given. Personse vice fungitur municipium et tecuria. Towns and boroughs act as if per sons. 23 Wend. 103, 144. PERSONAL. Appertaining to the per son; belonging to an individual; limited to the person; having the nature or partaking of the qualities of human beings, or of mova ble property. PERSONAL ACTION. In the civil law. An action in personam. A personal ac tion seeks to enforce an obligation imposed on the defendant by his contract or delict; that is, it is the contention that he is bound to trans fer some dominion or to perform some service or to repair some loss. Gaius, bk. 4, § 2. In common law. An action brought for the.recovery of some debt or for damages for some personal injury, in contradistinc tion to the old real actions, which related to real property only. See 3 Bl. Comm. 117. An action which can be brought only by

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