KFLCC Kingdom Law 2nd Ed.

968

PUTATIVE

PURPORT

party;" but it is now used in relation to any kind of partition proceedings. See Seiders v. Giles, 141 Pa. 93, 21 Atl. 514. PURPORT. Meaning; import; substan tial meaning; substance. The "purport" of an instrument means the substance of it as it appears on the face of the instrument, and is distinguished from "tenor," which means an exact copy. See Dana v. State, 2 Ohio St. 93; State v. Sherwood, 90 Iowa, 550, 58 N. W. 911, 48 Am. St. Rep. 461; State v. Pullens, 81 Mo. 392; Com. v. Wright, 1 Cush. (Mass.) 65; State v. Page, 19 Mo. 213. PURPRESTTJRE. A purpresture may be defined as an inclosure by a private party of a part of that which belongs to and ought to be open and free to the enjoyment of the public at large. It is not necessarily a public nuisance. A public nuisance must be some thing which subjects the public to some de gree of inconvenience or annoyance; but a purpresture may exist without putting the public to any inconvenience whatever. At torney General v. Evart Booming Go., 34 Mich. 462. And see Cobb v. Lincoln Park Com'rs, 202 111. 427, 67 N. E. 5, 63 L. R.A. 264, 95 Am. St. Rep. 258; Columbus v. Jaques, 30 Ga. 506; Sullivan v. Moreno, 19 Fla. 228; U. S. v. Debs (C. C.) 64 Fed. 740; Drake v. Hudson River R. Co., 7 Barb. (N. Y.) 548. PURPRISE. L. Fr. A close or inclo sure; as also the whole compass of a manor. PURPURE, or FORPRIN. A term used in heraldry; the color commonly called "purple," expressed in engravings by lines in bend sinister. In the arms of princes it was formerly called "mercury," and in those of peers "amethyst" PURSE. A purse, prize, or premium is ordinarily some valuable thing, offered by a person for the doing of something by others, into strife for which he does not enter. He has not a chance of gaining the thing offered; and, if he abide by his offer, that he must lose it and give it over to some of those con tending for it is reasonably certain. Harris T. White, 81 N. T. 539. PURSER. The person appointed by the master of a ship or vessel, whose duty it is to take care of the ship's books, in which every thing on bbard is inserted, as well the names of mariners as the articles of mer chandise shipped. Roccus, Ins. note. PURSUE. To follow a matter judicially, as a complaining party. To pursue a warrant or authority, in the •Id books, is'to execute it or carry it out. Ob. Litt. 52a. PURSUER. The name by which the com plainant or plaintiff is known in the eccle siastical courts, and in the Scotch law.

PURSUIT OF HAPPINESS. As used in constitutional law, this right includes per sonal freedom, freedom of contract, exemp tion from oppression or invidious discrimina tion, the right to follow one's individual preference in the choice of an occupation and the application of his energies, liberty of conscience, and the right to enjoy the domestic relations and the privileges of the family and the home. Black, Const Law (3d Ed.) p. 544. See Ruhstrat v. People, 185 111. 133, 57 N. E. 41, 49 L. R. A. 181, 76 Am. St. Rep. 30; Hooper v. California, 155 U. S. 648, 15 S. Ct. 207, 39 L. Ed. 297; Butchers' Union, etc., Co. v. Crescent City Live Stock, etc., Co., Ill U. S. 746, 4 Sup. Ct 652, 28 L. Ed. 585. PURUS IDIOTA. Lat • congenital idiot PURVEYANCE. In old English law. A providing of necessaries for the king's house. Cowell. PURVEYOR. In old English law. An officer who procured or purchased articles needed for the king's use at an arbitrary price. In the statute 36 Edw. III. c. 2, this is called a "heignous nome," (heinous or hateful name,) and changed to that of "achar tor." Barring. Ob. St. 289. PURVIEW. That part of a statute com mencing with the words "Be it enacted," and continuing as far as the repealing clause; and hence, the design, contempla tion, purpose, or scope of the act See Smith v. Hickman, Cooke (Tenn.) 337; Payne v. Conner, 3 Bibb (Ky.) 181; Hirth v. Indian apolis, 18 Ind. App. 673, 48 N. E. 876. PUT. In pleading. To confide to; to re ly upon; to submit to. As in the phrase, "the said defendant puts himself upon the country;" that is, he trusts his case to the arbitrament of a jury. PUT IN. In practice. To place in due form before a court; to place among the records of a court PUT OUT. To open. To put out lights; to open or cut windows. 11 East, 372. Putagiiim hsereditatem non adimit. 1 Reeve, Eng. Law, c. 3, p. 117. Incontinence does not take away an inheritance. PUTATIVE. Reputed; supposed; com monly esteemed. Applied in Scotch law to creditors and proprietors. 2 Karnes, Eq. 105, 107, 109. —Putative father. The alleged or reputed father of an illegitimate child. State v. Nest aval, 72 Minn. 415, 75 N. W. 725.—Putative marriage. A marriage contracted in good faith and in ignorance (on one or both sides) that impediments exist which render it unlaw ful. See Mackeld. Rom. Law, $ 556. See In re Hall, 61 App. Div. 266, 70 N. Y. Supp. 410, Smith v. Smith, 1 Tex. 628, 46 Am. Dec. 12L