KFLCC Kingdom Law 2nd Ed.

892

PEREMPTORY

PERIL

slderation. Positive; final; decisive; not admitting of any alternative. Self-determin ed; arbitrary; not requiring any cause to be shown. —Peremptory day. A day assigned for trial or hearing in court, absolutely and without further opportunity for postponement.—Per emptory exception. In the civil law. Any defense which denies entirely the ground of action.—Peremptory paper. A list of the causes which were enlarged at the request of the parties, or which stood over from press of business in court.—Peremptory rule. In practice. An absolute rule; a rule without any condition or alternative of showing cause.— Peremptory undertaking. An undertaking by a plaintiff to bring on a cause for trial at the next sittings or assizes. Lush, Pr. 649. As to peremptory "Challenge," "Defense," "Instruction," "Mandamus," "Nonsuit,** "Plea," and "Writ," see those titles. PERFECT. Complete; finished; execut ed ; enforceable. —Perfect condition. In a statement of the rule that, when two claims exist in "perfect con dition" between two persons, either may insist on a set-off, this term means that state of a de mand when it is of right demandable by its terms. Taylor v. New York, 82 N. Y. 17.— Perfect instrument. An instrument such as a deed or mortgage is said to become perfect when recorded (or registered) or filed for record, because it then becomes good as to all the world. See Wilkins v. McCorkle, 112 Term. 688, 80 S. W. 834.—Perfect trust. An exe cuted trust, (q. v.) As to perfect "Equity," "Machine," "Obli gation," "Ownership," "Title," and "Usu fruct," see those titles. PERFECTING BAH*. Certain qualifica tions of a property character being requir ed of persons who tender themselves as bail, when such persons have justified, i. e., es tablished their sufficiency by satisfying the court that they possess the requisite qualifi cations, a rule or order of court is made for their allowance, and the bail is then said to be perfected, i. e., the process of giving bail is finished or completed. Brown. Perfectum est cui nihil deest secun dum suss perfectionis vel natures mo dum. That is perfect to which nothing is wanting, according to the measure of its per fection or nature. Hob. 151. PERFIDY. The act of one who has en gaged his faith to do a thing, and does not do it, but does the contrary. Wolff, Inst § 390. PERFORM. To perform an obligation or contract is to execute, fulfill, or accomplish it according to its terms. This may consist either in action on the part of the person bound by the contract or in omission to act, according to the nature of the subject-mat ter; but the term is usually applied to any action in discharge of a contract other than payment

PERFORMANCE. The fulfillment or ac complishment of a promise, contract, or oth er obligation according to its terms. —Part performance. The doing some por tion, yet not the whole, of what either party to a contract has agreed to do. Borrow v. Bor row, 34 Wash. 684, 76 Pac. 305.—Specific performance. Performance of a contract in the specific form in which it was made, or ac cording to the precise terms agreed upon. This is frequently compelled by a bill in equity filed for the purpose. 2 Story, Eq. PI. § 712, et seq. The doctrine of specific performance is that, where damages would be an inadequate compen sation for the breach of an agreement, the con tractor will be compelled to perform specifical ly what he has agreed to do. Sweet. PERICARDITIS. In medical jurispru dence. An inflammation of the lining mem brane of the heart. PERICUIiOSUS. Lat Dangerous; per ilous. Periculosum est res novas et inusita tas indueere. Co. Litt 379a. It is peril ous to introduce new and untried things. Periculosum existimo quod bonorum virorum non comprobatur exemplo. 9 Coke, 976. I consider that dangerous which is not approved by the example of good men. PERICITLUM. Lat In the civil law. Peril; danger; hazard; risk. Periculum rei venditse, nondum tra ditae, est emptoris. The risk of a thing sold, and not yet delivered, is the purchaser's. 2 Kent Comm. 498, 499. PERIL. The risk, hazard, or contingen cy insured against by a policy of insurance. —Perils of the lakes. As applied to naviga tion of the Great Lakes, this term has the same meaning as "perils of the sea." See infra.—' Perils of the sea. In maritime and insur ance law. Natural accidents peculiar to the sea, which do not happen by the intervention of man, nor are to be prevented by human pru dence. 3 Kent Comm. 216. Perils of the se* are from (1) storms and waves; (2) rocks, shoals, and rapids; (3) other obstacles, though of human origin; (4) changes of climate; (5) the confinement necessary at sea; (6) animals peculiar to the sea; (7) all other dangers pe culiar to the sea. Civ. Code Cal. $ 2199. All losses caused by the action of wind and wa ter acting on the property insured- under ex traordinary circumstances, either directly or mediately, without the intervention of other in dependent active external causes, are losses by "perils of the sea or other perils and dangers," within the meaning of the usual clause in a g olicy of marine insurance. Baily, Perils of ea, 6. In an enlarged sense, all losses which occur from maritime adventure may be said to arise from the perils of the sea; but underwrit ers are not bound to this extent. They insure against losses from extraordinary occurrences only; such as stress of weather, winds and waves, lightning, tempests, eta These are un derstood to be meant by the phrase "the peril* PER GAME NUM. In old practice. Parchment In pergameno scriM fecit. 1 And. 54.