Blacks Law Dict. 1st ed

967

PUNITIVE POWER

PURE YILLENAGE

the buyer to the seller of property, particu larly of land. Purchase money means money stipulated to be paid by a purchaser to his vendor, and does not in clude money the purchaser may have borrowed to complete his purchase. Purchase money, as be tween vendor and vendee only, is contemplated; as between purchaser and lender, the money is "borrowed money." 88 Md. 270. PURCHASE-MONEY MORTGAGE. A mortgage given, concurrently with a con veyance of land, by the vendee to the ven dor, on the same land, to secure the unpaid balance of the purchase price. PURCHASE, WORDS OF. Those by which, taken absolutely, without reference to or connection with any other words, an estate first attaches, or is considered as com mencing in point of title, in the person de scribed by them; such as the words "son," "daughter." Wharton. PURCHASER. One who acquires real property in any other mode than by descent. One who acquires either real or personal property by buying it for a price in money; a buyer; vendee. In the construction of registry acts, the term "purchaser" is usually taken in its technical legal sense. It means a complete purchaser, or, in other words, one clothed with the legal title. 1 Pet. 552, 559.* PURCHASER OF A NOTE OR BILL. The person who buys a promissory note or bill of exchange from the holder without his indorsement. Purchaser without notice is not obliged to discover to his own hurt. See 4 Bouv. Inst. no. 4336. PURE DEBT. In Scotch law. A debt due now and unconditionally is so called. It is thus distinguished from a, future debt,— payable at a fixed day in the future,—and a contingent debt, which will only become due upon the happening of a certain contingency. PURE OBLIGATION. One which is not suspended by any condition, whether it has been contracted without any condition, or, when thus contracted, the condition has been accomplished. Poth. Obi. no. 176. PURE PLEA. In equity pleading. One which relies wholly on some matter outside those referred to in the bill; as a plea of a re lease on a settled account. PURE VILLENAGE. A base tenure, where a man holds upon terms of doing whatsoever is commanded of him, nor knows

PUNITIVE POWER. The power and authority of a state, or organized jural socie ty, to inflict punishments upon those persons who have committed actions inherently evil and injurious to the public, or actions de clared by the laws of that state to be sanc tioned with punishments. PUPIL. In the civil law. One who is In his or her minority. Particularly, one who is in ward or guardianship. PUPILLARIS SUBSTITUTIO. Lat. In the civil law. Pupillar substitution; the substitution of an heir to a pupil or in fant under puberty. The substitution by a father of an heir to his children under his power, disposing of his own estate and theirs, in case the child refused to accept the inheritance, or died before the age of puber ty. Hallifax, Civil Law, b. 2, c. 6, no. 64. PUPILLARITY. In Scotch law. That period of minority from the birth to the age of fourteen in males, and twelve in females. Bell. PUPILLUS. Lat. In the civil law. A ward or infant under the age of puberty; a person under the authority of a tutor, (q. v.) Pupillus pati posse non intelligitur. A pupil or infant is not supposed to be able to suffer, i. «., to do an act to his own preju dice. Dig. 50, 17, 110, 2. PUR. L. Fr. By or for. Used both as a separable particle, and in the composition of such words as "purparty," "purlieu." PUR AUTRE VIE. L. Fr. For (or dur ing) the life of another. An estate pur au tre vie is an estate which endures only for the life of some particular person other than the grantee. PUR CAUSE DE VICINAGE. L. Fr. By reason of neighborhood. See COMMON. PUR TANT QUE. L. Fr. Forasmuch as; because; to the intent that. Kelham. PURCHASE. The word "purchase" is used in law in contradistinction to "descent," and means any other mode of acquiring real property than by the common course of in heritance. But it is also much used in its more restricted vernacular sense, (that of buy ing for a sum of money,) especially in modern law literature; and this is universally its ap plication to the case of chattels. PURCHASE MONEY. The considera tion in money paid or agreed to be paid by

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