KFLCC Kingdom Law 2nd Ed.

PER MITTER LE DROIT

890

PER VARIOS ACTUS LEGEM

PER MITTER £E DROIT. L. Fr. By passing the right One of the modes by which releases at common law were said to inure was "per piitter le droit," as where a person who had been disseised released to the disseisor or his heir or feofee. In such case, by the release, the right which was in the releasor was added to the possession of the releasee, and the two combined perfected the estate. Miller v. Emans, 19 *I. Y. 387/ PER MITTER L ESTATE. L. Fr. By passing the estate. At common law, where two or more are seised, either by deed, devise, or descent, as joint tenants or coparceners of the same estate, and one of them releases to the other, this is said to inure by way of "per mitter Vestate." Miller v. Emans, 19 N. Y. 388. PER MY ET PER TOUT. L. Fr. By the "half and by the whole. A phrase de scriptive of the mode in which joint tenants hold the joint estate, the effect of which, technically considered, is that for purposes of tenure and survivorship each is the holder of the whole, but for purposes of alienation each has only his own share, which is pre- \ sumed in law to be equal. 1 Washb. Real Prop. 406. PER PAIS, TRIAL. Trial by the coun try; i. e., by jury. PER PROCURATION. By proxy; by one acting as an agent with special powers; as under a letter of attorney. These words "give notice to all persons that the agent is acting under a special and limited authority." 10 O. B. 689. The phrase is commonly ab breviated to "per proc," or "p. p.," and is more used in the civil law and in England than in American law. PER QUiE SERVITIA. Lat. A real ac tion by which the grantee of a seigniory could compel the tenants of the grantor to attorn to himself. It was abolished by St 3 & 4 Wm. IV. c 27, § 35. PER QUOD. Lat Whereby. When the declaration in an action of tort, after stating the acts complained of, goes on to allege the consequences of those acts as a ground of special damage to the plaintiff, the recital of such consequences is prefaced by these words, "per quod" whereby; and sometimes the phrase is used as the name of that clause of the declaration. PER QUOD CONSORTIUM AMISIT. Lat. In old pleading. Whereby he lost the company [of his wife.] A phrase used in the old declarations in actions of trespass by a husband, for beating or ill using his wife, descriptive of the special damage he had sus tained. 3 Bl. Comm. 140; Cro. Jac. 501, 538; Crocker v. Crocker (O. C.) 98 Fed. 703.

PER QUOD SERVITIUM AMISIT. Lat In old pleading. Whereby he lost the service [of his servant] A phrase used in the old declarations in actions of trespass by a master, for beating or ill using his servant, descriptive of the special damage he had him self sustained. 3 Bl. Comm. 142; 9 Coke, 113a; Callaghan v. Lake Hopatcong Ice Co., 69 N. J. Law, 100, 54 Atl. 223. Per rationes pervenitur ad legitimam rationexn. Litt § 386. By reasoning we come to true reason. Per rerun natnram factum, negantis nulla probatio est. It is in the nature of things that he who denies a fact is not bound to give proof. PER SAXTUM. Lat By a leap 'or bound; by a sudden movement; passing over certain proceedings. 8 East, 51L PER SE. Lat By himself or itself; in itself; taken alone; inherently; in isola tion; unconnected with other matters. By roots or stocks; by representation. This term, de rived from the civil law, is much used in the law of descents and distribution, and de notes that method of dividing an intestate es tate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking thus by their right of representing such an cestor, and not as so many individuals; while other heirs, who stand in equal degree with such ancestor to the decedent, take each a share equal to his. See Rotmanskey v. Heiss, 86 Md. 633, 39 Atl. 415. PER TOTAM CURIAM. L. Lat By the whole court A common phrase in the old reports. PER TOUT ET NON PER MY. L. Fr. By the whole, and not by the moiety. Where an estate in fee is given to a man and his wife, they cannot take the estate by moieties, but both are seised of the entirety, per tout et non per my. 2 Bl. Comm. 182. PER UNIVERSITATEM. Lat In the civil law. By an aggregate or whole; as an entirety. The term described the acquisition of an entire estate by one act or fact, as distinguished from the acquisition of single or detached things. PER VADIUM. L. Lat In old practice. By gage. Words in the old writs of attach ment or pone. 3 Bl. Comm. 280. Per varios actus legem, experientia faeit. By various acts experience frames the law. 4 Inst 50. PER STIRPES. Lat