KFLCC Kingdom Law 2nd Ed.

PERSONALIS ACTIO

896

PESSIMI EXEMPLI

against the person, {in personam.)

Dig. 50,

People v. Chicago Theological Seminary, 174 111. 177, 51 N. B. 198. PERTENENCIA. In Spanish law. The claim or right which one has to the property In anything; the territory which belongs to any one by way of jurisdiction or property; that which is accessory or consequent to a principal thing, and goes with the ownership of it, as when it is said that such an one buys such an estate with all its appurtenances, (pertenencias.) Escriche. See Castillero v. United States, 2 Black. 17, 17 L. Ed. 360. PERTICATA TERRS. The fourth part of an acre. Cowell. PERTICULAS. A pittance; a small por tion of alms or victuals. Also certain poor scholars of the Isle of Man. Cowell. relevant Evidence is called "pertinent" when it is di rected to the issue or matters in dispute, and legitimately tends to prove the allegations of the party offering it; otherwise it is called "impertinent." A pertinent hypothesis is one which, if sustained, would logically influence the issue. Whitaker v. State, 106 Ala. 30, 17 South. 456. PERTINENTS. In Scotch law. Appur tenances. "Parts and pertinents" are formal words in old deeds and charters. 1 Forb. Inst, pt 2, pp. 112, 118. PERTURBATION. In the English ec clesiastical courts, a "suit for perturbation of seat" is the technical name for an action growing out of a disturbance or Infringement of one's right to a pew or seat in a church. 2 Phillim. Ecc. Law, 1813. PERTURBATRIX. A woman who breaks the peace. PERVERSE VERDICT. A verdict whereby the jury refuse to follow the direc tion of the judge on a point of law. PERVISE, PARVISE. In old English law. The court or yard of the king's palace at Westminster. Also an afternoon exer cise or moot for the instruction of students. Cowell; Blount PESA. A weight of two hundred and fifty-six pounds. Cowell. PESAGE. In England. A toll charged for weighing avoirdupois goods other than wool. 2 Chit Com. Law, 16. PESQUISIDOR. In Spanish law. Coro ner. White, New Recop. b. 1, tit 1, § 3. PESSIMI EXEMPLI. Lat Of the worst example. PERTINENT. Applicable;

16, 178, 2. In old English, law. A personal action. In this sense, the term was borrowed from the civil law by Bracton. The English form is constantly used as the designation of one of the chief divisions of civil actions. PERSONALITER. In old English law. Personally; in person. PERSONALITY. In modern civil law. The incidence of a law or statute upon per sons, or that quality which makes it a per sonal law rather than a real law. "By the personality of laws, foreign jurists generally mean all laws which concern the condition, state, and capacity of persons." Story, Confl. Laws, § 16. PERSONALTY. Personal property; movable property; chattels. An abstract of personal. In old practice, an action was said to be in the personalty, where it was brought against the right per son or the person against whom In law It lay. Old Nat Brev. 92; Cowell. —Quasi personalty. Things which are mov able in point of law, though fixed to things real, either actually, as emblements, (fructus indus triales,) fixtures, etc.; or fictitiously, as chat tels-real, leases for years, etc. PERSONATE. In criminal law. To as sume the person (character) of another, with out his consent or knowledge, in order to de ceive others, and, In such feigned character, to fraudulently do some act or gain some advantage, to the harm or prejudice of the person counterfeited. See 2 East, P. C. 1010. PERSONERO. In Spanish law. An at torney. So called because he represents the person of another, either in or out of court Las Partidas, pt 3, tit 5, 1.1. PERSONNE. Fr. A person. This term is applicable to men and women, or to either. Civ. Code L a t art. 3522, § 25. Perspicna vera non sunt probanda. ' Co. Litt 16. Plain truths need not be proved. PERSUADE, PERSUADING. To per suade is to induce to act Persuading is in ducing others to act. Crosby v. Hawthorn, 25 Ala. 221; Wilson v. State, 38 Ala. 411; Nash v. Douglass, 12 Abb. Prac. (N. S.) (N. T.) 190. PERSUASION. The act of persuading; the act of influencing the mind by arguments ©r reasons offered, or by anything that moves the mind or passions, or inclines the will to a determination. See Marx v. Threet 131 Ala. 340, 30 South. 831. PERTAIN. To belong or relate to, wheth er by nature, appointment or custom. See