KFLCC Kingdom Law 2nd Ed.

967

PURPART

PUR

PURE. Absolute; complete; simple; un mixed ; unqualified; free from conditions or restrictions; as in the phrases pure charity, pure debt, pure obligation, pure plea, pure villenage, as to which see the nouns. The act of cleansing or exonerating one's self of a crime, accusation, or suspicion of guilt, by denying the charge on oath or by ordeal. Canonical purgation was made by the par ty's taking his own oath that he was inno cent of the charge, which was supported by the oath of twelve compurgators, who swore they believed he spoke the truth. To this succeeded the mode of purgation by the sin gle oath of the party himself, called the "oath ex officio," of which the modern defendant's oath in chancery is a modification. 3 BL Comm. 447; 4 Bl. Comm. 368. Vulgar purgation consisted in ordeals or trials by hot and* cold water, by fire, by hot irons, by battel, by corsned, etc In Scotch practice. Cleared of having been partially ad vised. A term applied to the preliminary exam ination of a witness, in which he is sworn and examined whether he has received any bribe or promise of reward, or has been told what to say, or whether he bears malice or ill will to any of the parties. Bell.— Purging a tort is like the ratification of a wrongful act by a per son who has power of himself to lawfully do the act. But, unlike ratification, the purging of the tort may take place even after commencement of the action. 1 Brod. & B. 282.— Purging contempt. Atoning for, or clearing one's self from, contempt of court, (g. v.) It is generally done by apologizing and paying fees, and is gen erally admitted after a moderate time in pro portion to the magnitude of the offense. Fr. In French law. An expression used to de scribe the act of freeing an estate from the mortgages and privileges with which it is charged, observing the formalities prescribed by law. Duverger. In English law. A space of land near a royal forest, which, being severed from it, was made purlieu; that is, pure or free from the forest laws. —Purlieu-men. Those who have ground with in the purlieu to the yearly value of 40s. a year freehold are licensed to hunt in their own pur lieus. Manw. c. 20, § 8. PURGATION. PURGE. To cleanse; to clear; to clear or exonerate from some charge or imputation of guilt, or from a contempt. —Purged of partial counsel. PURGE DES HYPOTHEQUES. PURLIEU.

PUB. By or for. Used both as a separable particle, and in the composition of such words as "purparty," "purlieu." —Pur autre vie. For (or during) the life of another. An estate pter autre vie is an estate which endures only for the life of some partic ular person other than the grantee.— Pur cause de vicinage. By reason of neighborhood. See COMMON.— Pur tant que. Forasmuch as; be cause; to the intent that. Kelham. The word "purchase" is used in law in contradistinction to "descent," and means any other mode of acquiring real property than by the common course of in heritance. But it is also much used in its more restricted vernacular sense, (that of buying for a sum of money,) especially in modern law literature; and this is univer sally its application to the case of chattels. See Stamm v. Bostwick, 122 N. Y. 48, 25 N. E. 233, 9 L. R, A 597; Hall v. Hall, 81 N. Y. 134; Berger v. United States Steel Corp, 63 N. J. Eq. 809, 53 Atl. 68; Falley v. Gribling, 128 Ind. 110, 26 N. E. 794; Cham bers v. St Louis, 29 Mo. 574. —Purchase money. The consideration in money paid or agreed to be paid by the buyer to the seller of property, particularly of land. Purchase money means money stipulated to be paid by a purchaser to his vendor, and does not include money the purchaser may have borrow ed to complete his purchase. Purchase money, as between vendor and vendee only, is contem plated ; as between purchaser and lender, the money is "borrowed money." Heuisler v. Nick um, 38 Md. 270. But see Houlehan v. Rassler, 73 Wis. 557, 41 N. W. 720.— Purchase-money mortgage. See MORTGAGE.— Quasi pur chase. In the civil law. A purchase of prop erty not founded on the actual agreement of the parties, but on conduct of the owner which is inconsistent with any other hypothesis than that he intended a sale.— Words of purchase. Words .of purchase are words which denote the person who is to take the estate. Thus, if I grant land to A. for twenty-one years, and aft er the determination of that term to A.'s heirs, the word "heirs" does not denote the duration of A.'s estate, but the person who is to take the remainder on the expiration of the term, and is therefore called a "word of purchase." Wil liams, Real Prop.; Fearne, Rem. 76, et teq. One who acquires real property in any other mode than by descent. One who acquires either real or personal property by buying it for a price in money; a buyer; vendee. In the construction of registry acts, the term "purchaser" is usually taken in its technical legal sense. It means a complete purchaser, or, in other words, one clothed with the legal title. Steele v. Spencer, 1 Pet. 552, 559, 7 L. Ed. 259. — Bona fide purchaser. See BONA FIDE.— First purchaser. In the law of descent, this term signifies the ancestor who first acquired (in any other manner than by inheritance) the es tate which still remains in his family or de scendants.— Innocent purchaser. See IN NOCENT.— Purchaser of a note or bill. The person who buys a promissory note or bill of exchange from the holder without his indorse ment. Purchaser without notice is not oblig ed to discover to his own hurt. See 4 BOUT. Inst note 4336. L. Fr. PURCHASE. PURCHASER.

PURLOIN.

To steal; to commit larceny

or theft. McCann v. U. S., 2 Wyo. 298.

PURPART. a part in a di vision ; that part of an estate, formerly held In common, which is by partition allotted to any one of the parties. The word was an ciently applied to the shares falling separately to coparceners upon a division or partition of the estate, and was generally spelled "pur- A share;