KFLCC Kingdom Law 2nd Ed.

889

PER MISADVENTURE

PER AND POST

scendant from the disseisor, it is said to be iD the per and cui, because the form of the writ is tliat the tenant had not entry but oy and under a prior alienee, to whom the in truder himself demised it 3 Bl. Comm. 181. PER AND POST. To come in in the per is to claim by or through the person last en titled to an estate; as the heirs or assigns of the grantee. To come in in the post is to claim by a paramount and prior title; as the lord by escheat. PER ANNULUM ET BACULUM. L. Lat. In old English law. By ring and staff, or crozier. The symbolical mode of confer ring an ecclesiastical investure. 1 Bl. Comm. 378, 379. PER ANNUM. Lat. By the year. A phrase still in common use. Ramsdell v. Hulett, 50 Kan. 440, 31 Pac. 1092; State v. McFetridge, 64 Wis. 130, 24 N. W. 140; Haney v. Caldwell, 35 Ark. 168. PER AUTRE VIE. L. Fr. For or during another's life; for such period as an other person shall live. PER AVERSIONEM. Lat In the civil law. By turning away. A term applied to that kind of sale where the goods are tak en in bulk, and not by weight or measure, and for a single price; or where a piece of land is sold as containing in gross, by es timation, a certain number of acres. Poth. Cont. Sale, nn. 256, 309. So called because the buyer acts without particular examina tion or discrimination, turning his face, as it were, away. Calvin. PER BOUCHE. L. Fr. By the mouth; orally. 3 How. State Tr. 1024. PER CAPITA. Lat. By the heads or polls; according to the number of individ uals; share and share alike. This term, de rived from the civil law, is much used In the law of descent and distribution, and de notes that method of dividing an intestate estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent, with out reference to their stocks or the right of representation. It is the antithesis of per stirpes, (q. v.) PER CENT. An abbreviation of the Lat in "per centum," meaning by the hundred, or so many parts in the hundred, or so many hundredths. See Blakeslee v. Mans field, 66 111. App. 119; Code Va. 1887, § 5 (Code 1904, p. 7.) PER CONSEQUENS. Lat By conse quence; consequently. Yearb. M. 9 Edw. in. a

PER CONSIDERATIONEM CURLS. Lat. In old practice. By the consideration (judgment) of the court Yearb. M. 1 Edw. II. 2. PER CURIAM. Lat. By the court. A phrase used in the reports to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it de notes an opinion written by the chief jus tice or presiding judge. See Clarke v. West ern Assur. Co., 146 Pa. 561, 23 Atl. 248, 15 L. R. A. 127, 28 Am. St Rep. 821. Lat By the same. This phrase is commonly used to express "by, or from the mouth of, the same judge." So "per eundem in eadem" means "by the same judge in the same case." PER EXTENSUM. Lat In old prac tice. At length. PER FORMAM DONI. L. Lat. In Eng lish law. By the form of the gift; by the designation of the giver, and not by the op eration of law. 2 Bl. Comm. 113, 191. PER FRAUDEM. Lat By fraud. Where a plea alleges matter of discharge, and the replication avers that the discharge was fraudulently obtained and is therefore invalid, it is called a "replication per fraud em*" PER INCURIAM. Lat Through inad vertence. 35 Eng. Law & Eq. 302. PER INDUSTRIAM HOMINIS. Lat. In old English law. By human industry. A term applied to the reclaiming or taming of wild animals by art, industry, and educa tion. 2 Bl. Comm. 391. PER INFORTUNIUM. Lat. By misad venture. In criminal law, homicide per in fortunium is committed where a man, doing a lawful act without any intention of hurt, unfortunately kills another. 4 Bl. Comm. 182. PER LEGEM ANGLING. Lat. By the law of England; by the curtesy. Fleta, lib. 2, c. 54, § 18. PER LEGEM TERRAS. Lat By the law of the land; by due process of law. U. S. v. Kendall, 26 Fed. Cas. 748; Appeal of Drvine, 16 Pa. 263, 55 Am. Dec. 499; Rhlnehart v. Schuyler, 7 111. 519. PER METAS ET BUNDAS. L. Lat In old English law. By metes and bounds. PER MINAS. Lat B?, threats. See DURESS. PER MISADVENTURE. In old English law. By mischance. 4 Bl. Comm. 182. The same with per infortunium, (g. v.) PER EUNDEM.