Blacks Law Dict. 1st ed

PEBTENENCIA

894

PERSONAL SECURITY

against the person, (in personam.) Dig. 50, 16,178, 2. In old English law. A personal action. In this sense, the term was borrowed from the civil law by Bracton. The English form is constantly used as the designation of one of the chief divisions of civil actions. PERSONALITER. In old English law. Personally; in person. PERSONALITY. In modern civil law. The incidence of a law or statute upon per sons, or that quality which makes it a per sonal law rather than a real law. "By the personality of laws, foreign jurists generally mean all laws which concern the condition, state, and capacity of persons." Story, Confl Laws, § 16. P E R S O N A L T Y . Personal property; movable property; chattels. An abstract of personal. In old practice, an action was said to be in the personalty, where it was brought against the right per son or the person against whom in law it lay. Old Nat. Brev. 92; Cowell. PERSONATE. In criminal law. To assume the person (character) of another, without his consent or knowledge, in order to deceive others, and, in such feigned char acter, to fraudulently do some act or gain some advantage, to the harm or prejudice of the person counterfeited. See 2 East, P. C. 1010. PERSONERO. In Spanish law. An at torney. So called because he represents the person of another, either in or out of court. Las Partidas, pt. 3, tit. 5, 1. 1. PERSONNE. Fr. A person. This terin is applicable to men and women, or to either. Civil Code Lat. art. 3522, § 25. Perspicua vera non sunt probanda. Go. Litt. 16. Plain truths need not be proved. PERSUADE, PERSUADING. To per suade is to induce to act. Persuading is in ducing others to act. PERSUASION. The act of persuading; the act of influencing the mind by arguments or reasons offered, or by anything that moves the mind oi passions, or .inclines the will to a determination. Webster. PERTENENCIA. In Spanish law. The claim or right which one has to the property in anything; the territory which belongs to any one by way of jurisdiction or property that which is accessory or consequent to a

PERSONAL SECURITY. A person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation. 1 Bl. Comm. 129. Evidences of debt which bind the person of the debtor, not real property, are distin guished from such as are liens on land by the name of "personal securities." PERSONAL SERVICE. Personal serv ice of a writ or notice is made by delivering it to the person named, in person, or hand ing him a copy and informing him of the nature and terms of the original. Leaving a copy at his place of abode is not personal service. 12 Wis. 336. PERSONAL SERVITUDES. In the civil law. Such servitudes as are established merely for the advantage of a ceijfcain deter mined person, so that they relate to such per son alone, and are extinguished at his death; as distinguished from real servitudes, or such as are established for the benefit of land, and which pass with the land to every new own er of it. Mackeld. Rom. Law, § 304. PERSONAL STATUTES. In foreign and modern civil law. Those statutes which have principally for their object the person, and treat of property only incidentally. Story, Confl. Laws, § 13. A personal statute, in this sense of the term, is a law, ordinance, regulation, or custom, the dispo sition of which affects the person and clothes him with a capacity or incapacity, which he does not change with every change of abode, but which, upon principles of justice and policy, he is assumed to carry with him wherever he goes. 2 Kent, Comm. 456. The term is also applied to statutes which, instead of being general, are confined in their operation to one person or group of persons. Personal things cannot be done by another. Finch, Law, b. 1, c. 3, n. 14. Personal things cannot be granted over. Finch, Law, b. 1, c. 3, n. 15. Personal things die with the person. Finch, Law, b. 1, c. 3, n. 16. PERSONAL TITHES are tithes paid of such profits as come by the labor of a man's person; as by buying and selling, gains of merchandise, and handicrafts, etc. Tomlins. Personalia personam sequuntur. Per sonal things follow the person. 10 Cush. 516. PERSONALIS ACTIO. Lat. In the civil law. A personal action; an action

Archive CD Books USA