KFLCC Kingdom Law 2nd Ed.

894

PERQUISITES

PERMIT

have been paid, or secured, and permitting their removal from some specified place to another. Wharton. A written license or warrant, issued by a person in authority, empowering the grantee to do some act not forbidden by law, but not allowable without such authority. PERMUTATIO. Lat. In the civil law. Exchange; barter. Dig. 19, 4. PERMUTATION. The exchange of one movable subject for another; barter. PERMUTATIONE. A writ to an ordi nary, commanding him to admit a clerk to a benefice upon exchange made with another. Beg. Grig. 307. PERNANCY. Taking; a taking or re ceiving ; as of the profits of an estate. Actu al pernancy of the profits of an estate is the taking, perception, or receipt of the rents and other advantages arising therefrom. 2 Bl. Gomm. 163. PERNOR OF PROFITS. He who re ceives the profits of lands, etc.; he who has the actual pernancy of the profits. Le per nour ou le detenour, the taker or the detain er. Britt c. 27. PERPARS. L. Lat A purpart; a part of the inheritance. PERPETRATOR. Generally, this term denotes the person who actually commits a crime or delict, or by whose immediate agen cy it occurs. But, where a servant of a rail road company is killed through the negli gence of a co-employe, the company itself may be regarded as the "perpetrator" of the act, within the meaning of a statute giving an action against the perpetrator. Philo v. Illinois Cent R. Co., 33 Iowa, 47. Perpetua lex est nullam legem huma nam ao positivam perpetuam esse, et clausula quae abrogationem excludit ab initio non valet. It is a perpetual law that no human and positive law can be perpetual, and a clause [in a law] which precludes the power of abrogation is void ab initio. Bac. Max. p. 77, in reg. 19. FERPETUAI<. Never ceasing; continu ous; enduring; lasting; unlimited in respect of time; continuing without intermission or interval. See Scanlan v. Crawshaw, 5 Mo. App. 337. .—Perpetual edict. In Roman law. Origi nally the term "perpetual" was merely opposed to "occasional" and was used to distinguish the general edicts of the prsetors from the special edicts or orders which they issued in their judi cial capacity. But under Hadrian the edict PERNOUR. L. Fr. A taker.

was revised by the jurist Julianus, and was re f iublished as a permanent act of legislation, t was, then styled "perpetual," in the sense of being calculated to endure in perpetuum, or un til • abrogated by competent authority. Aust Jur. 855.—Perpetual succession. That con tinuous existence which enables a corporation to manage its affairs, and hold property with out the necessity of perpetual conveyances, for the purpose of transmitting it By reason of this quality, this ideal and artificial person re mains, in its legal entity and personality, the same, though frequent changes may be made of its members. Field, Corp. § 58; Scanlan v. Crawshaw, 5 Mo. App. 340. As to perpetual "Curacy," "Injunction," "Lease," and "Statute," see those titles A proceeding for taking and preserving the tes timony of witnesses, which otherwise might be lost before the trial in which it is intended to be used. It is usually allowed where the Witnesses are aged and infirm or are about to remove from the state. 3 Bl. Comm. 450. PERPETUITY. A future limitation, whether executory or by way of remainder, and of either real or personal property, which is not to vest until after the expiration of or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, and which is, not destructible by the persons for the time being entitled to the property subject to the future limitation, except with the concur rence of the individual interested under that limitation. Lewis, Perp. 164; 52 Law Lib. 139. Any limitation tending to take the subject of it out of commerce for a longer period than a life or lives in being, and twenty-one years beyond, and, in case of a posthumous child, a few months more, allowing for the term of gestation. Rand. Perp. 48. Such a limitation of property as renders it unalienable beyond the period allowed by law. Gilb. Uses, (Sugd. Ed.) 260. And see Ould v. Washington Hospital, 95 U. S. 303, 24 L. Ed. 450; Duggan v. Slocum, 92 Fed. 806, 34 C. C. A. 676; Waldo v. Cummings, 45 111. 421; Franklin v. Armfleld, 2 Sneed (Tenn.) 354; Stevens v. Annex Realty Co., 173 Mo. 511, 73 S. W. 505; Griffin v. Graham, 8 N. C. 130, 9 Am. Dec. 619; In re John's Will, 30 Or. 494, 47 Pac. 341, 36 L. R, A. 242. PERPETUITY OF THE KING. That fiction of the English law which for certain political purposes ascribes to the king in his political capacity the attribute of immortali ty; for, though the reigning monarch may die, yet by this fiction the king never dies, i. e., the office is supposed to be reoccupied for all political purposes immediately on his death. Brown. PERQUISITES. In its most extensive sense, "perquisites" signifies anything obtain ed by industry or purchased with money, dif- PERPETUATING TESTIMONY.