Blacks Law Dict. 1st ed

895

PEBTICATA TERRA

PETITIO

PETEB-PENCE. An ancient levy or tax of a penny on each house throughout England, paid to the pope. It was called "Peter-pence," because collected on the day of St. Peter, ad vincula; by the Saxons it was called "Rome-feoh," "Rome-scot," and "Rome-pennying," because collected and sent to Borne; and, lastly, it was called "hearth money," because every dwelling-house was liable to it, and every religious house, the abbey of St. Albans alone excepted. Whar ton. PETIT. Fr. Small; minor; inconsider able. Used in several compounds, and some times written "petty." PETIT CAPE. A judicial writ, issued in the old actions for the recovery of land, re quiring the sheriff to take possession of the estate, wflere the tenant, after having ap peared in answer to the summons, made de fault in a subsequent stage of the proceed ings. PETIT JUBY. The ordinary jury of twelve men for the trial of a civil or criminal action. So called to distinguish it from the grand jury. A petit jury is a body of twelve men impaneled and sworn in a district court, to try and determine, by a true and unanimous verdict, any question or issue of fact, in any civil or criminal action or pro (seeding, according to law and the evidence as given them in the court. Gen. St. Minn. 1878, o. 71, S 1. P E T I T LABCENY. The larceny of things whose value was below a certain arbi trary standard, at common law twelve pence. See LARCENY. PETIT SEBJEANTY. A tenure by which lands were held of the crown by the service of rendering yearly some small imple ment of war; as a lance, an arrow, etc. 2 Bl. Comm. 82. PETIT TBEASON. In English law. The crime committed by a wife in killing her husband, or a servant his lord or master, or an ecclesiastic his lord or ordinary. 4 Bl. Comm. 75. PETITE ASSIZE. Used in contradis tinction from the grand assize, which was a jury to decide on questions of property. Pe~ tite assize, a jury to decide on questions of possession. Britt. c. 42; Glan. lib. 2, cc. 6,7. PETITIO. Lat. In the civil law. The plaintiff's statement of his cause of ac tion in an action in rem. Calvin. In old English law. Petition or demand; the count in a real action; the form of words

principal thing, and goes with the ownership of it, as when it is said that such an one buys such an estate with all its appurtenances, (j>ertenencias.) Escriche. See 2 Black, 17. PEBTICATA TEBRJE. The fourth part of an acre. Gowell. PERTICOXAS. A pittance; a small por tion of alms or victuals. Also certain poor scholars of the Isle of Man. Cowell. PEBTINENT. Applicable; relevant. Evidence is called "pertinent" when it is di rected to the issue or matters in dispute, and legitimately tends to prove the allegations of the party offering it; otherwise it is called "impertinent." PEBTINENTS. In Scotch law. Ap purtenances. "Parts and pertinents" are formal words in old deeds and charters. 1 Forb. Inst. pt. 2, pp. 112, 118. PEBTUBBATION. In the English ec clesiastical courts, a "suit for perturbation of seat" is the technical name for an action growing out of a disturbance or infringement of one's right to a pew or seat in a church. 2 Phillim. Ecc. Law, 1813. PEBTUBBATBIX. A woman who breaks the peace. P E B V E B S E VEBDICT. A verdict whereby the jury refuse to follow the direc tion of the judge on a point of law. PEBVISE, PABVISE. In old English law. The court or yard of the king's palace at Westminster. Also an afternoon exer cise or moot for the instruction of students. Cowell; Blount. PESA. A weight of two hundred and fifty-six pounds. Cowell. PESAGE. In England. A toll charged for weighing avoirdupois goods other than wool. 2 Chit. Com. Law, 16. PESQUISIDOB. In Spanish law. Coro ner. White, New Recop. b. 1, tit. 1, § 3. PESSIMI EXEMPLI. Of the worst ex ample. PESSONA. Mast of oaks, etc., or money taken for mast, or feeding hogs. Cowell. PESSUBABLE WARES. Merchandise which takes up a good deal of room in a ship. Cowell. PETENS. Lat. In old English law. A demandant; the plaintiff in a real action. Bract, fols. 102, 1066.

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