KFLCC Kingdom Law 2nd Ed.

PER VERBA DE FUTURO

891

PEREMPTORY

FEB VERBA DE FUTURO. Lat By words of the future [tense.] A phrase ap plied to contracts of marriage. 1 Bl. Comm. 439; 2 Kent, Comm. 87. FEB VERBA DE PRJESENTI. Lat By words of the present [tense.] A phrase applied to contracts of marriage. 1 BL Comm. 439. PER VISUM ECCLESIiE. Lat In old English law. By view of the church; under the supervision of the church. The disposi tion of intestates' goods per visum ecclesice was one of the articles confirmed to the prel ates by King John's Magna Charta. 3 Bl. Comm. 96. FEB VIVAM VOCEM. Lat In old English law. By the living voice; the same with viva voce. Bract fol. 95. FEB YEAR, in a contract is equivalent to the word "annually." Curtiss v. Howell, 39 N. Y. 211. PERAMBULATION. The act of walk ing over the boundaries of a district or piece of land, either for the purpose of determin ing them or of preserving evidence of them. Thus, in many parishes in England, it is the custom for the parishioners to perambulate the boundaries of the parish in rogation week in every year. Such a custom entitles them to enter any man's land and abate nuisances in their way. Phillim. Ecc. Law, 1867; Hunt Bound. 103; Sweet See Greenville v. Mason, 57 N. H. 385. FACIENDA, WBIT DE. In English law. The name of a writ which is sued by consent of both par ties when they are in doubt as to the bounds of their respective estates. It is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty. Fitzh. Nat Brev. 133. PEBCA. A perch of land; sixteen and one-half feet See PERCH. PEBCEPTION. Taking into possession. Thus, perception of crops or of profits is re ducing them to possession. PERCEPTURA. In old records. A wear; a place in a river made up with banks, dams, etc., for the better convenience of pre serving and taking fish. Cowell. PERCH. A measure of land containing five yards and a half, or sixteen feet and a half in length; otherwise called a "rod" or "pole." Cowell. As a unit of solid measure, a perch of masonry or stone or brick work contains, ac cording to some authorities and in some lo calities, sixteen and one-half cubic feet but PERAMBULATIONE

elsewhere, or according to others, twenty-fly*. Unless defined by statute, it is a very indefi nite term and must be explained by evidence. See Baldwin Quarry Co. v. Clements, 38 Ohio St 587; Harris v. Rutledge, 19 Iowa, 388, 87 Am. Dec. 441; Sullivan v. Richardson, 33 Fla. 1, 14 South. 692; Wood v. Vermont Cent R. Co., 24 Vt 608. PERCOLATE, as used In the cases re lating to the right of land-owners to use wa ter on their premises, designates any flow age of sub-surface water other than that of a running stream, open, visible, clearly to be traced. Mosier v. Caldwell, 7 Nev. 363. —Percolating waters. See WATEB. PERDONATIO UTLAGABIiE. L. Lat A pardon for a man who, for contempt in not yielding obedience to the process of a court is outlawed, and afterwards of his own accord surrenders. Reg. Orig. 28. FERDUELLIO. Lat In Roman law^ Hostility or enmity towards the Roman re public; traitorous conduct on the part of a citizen, subversive of the authority of the laws or tending to overthrow the government Calvin; Vicat PERDURABLE. As applied to an estate, perdurable signifies lasting long or forever. Thus, a disseisor or tenant in fee upon con dition has as high and great an estate as the rightful owner or tenant in fee-simple absolute, but not so perdurable. The term is chiefly used with reference to the extinguish ment of rights by unity of seisin, which does not take place unless both the right and the land out of which it issues are held for equal ly high and perdurable estates. Co. Litt 313a, 3136; Gale, Easem. 582; Sweet PEREGRINI. Lat In Roman law. The class of peregrini embraced at the same time both those who had no capacity in law, (capacity for rights or jural relations,) name ly, the slaves, and the members of those na tions which had not established amicable re lations with the Roman people. Sav. Dr. Rom. f 66. PEBEMPT. In ecclesiastical procedure an appeal is said to be perempted when the appellant has by his own act waived or bar red his right of appeal; as where he par tially complies with or acquiesces in the sen tence of the court Phillim. Ecc. Law, 1275. PEBEMPTION. A nonsuit; also a quashing or killing. PEBEMPTOBIUS. Lat In the civil law. That which takes away or destroys for ever; hence, exceptio peremptoria, a plea which is a perpetual bar. Calvin. PEBEMPTOBY. Imperative; absolute; not admitting of question, delay, or recon-