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PERSON. This word is applied to men, women and children, who are called natural persons.

In law,
man and person are not exactly-synonymous terms. Any human being is a man, whether he be a
member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A
person is a man considered according to the rank he holds in society, with all the rights to which the
place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.

2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C.
33 Eng. C. L R. 488; Wooddes. Lect. 116; Bac. Us. 57; 1 Mod. 164.

3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless
something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.

4. Natural persons are divided into males, or men; and females or women. Men are capable of all kinds
of engagements and functions, unless by reasons applying to particular individuals. Women cannot be
appointed to any public office, nor perform any civil functions, except those which the law specially
declares them capable of exercising. Civ. Code of Louis. art. 25.

5. They are also sometimes divided into free persons and slaves. Freemen are those who have
preserved their natural liberty, that is to say, who have the right of doing what is not forbidden by the
law. A slave is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked
not with persons but things. But sometimes they are considered as persons for example, a negro is in
contemplation of law a person, so as to be capable of committing a riot in conjunction with white men.
1 Bay, 358. Vide Man.

6. Persons are also divided into citizens, (q. v.) and aliens, (q. v.) when viewed with regard to their
political rights. When they are considered in relation to their civil rights, they are living or civilly dead;
vide Civil Death; outlaws; and infamous persons.

7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.

8. When viewed in their domestic relations, they are divided into parents and children; husbands and
wives; guardians and wards; and masters and servants son, as it is understood in law, see 1 Toull. n.
168; 1 Bouv. Inst. n. 1890, note.

PERSONABLE. Having the capacities of a person; for example, the defendant was judged personable
to maintain this action. Old Nat. Brev. 142. This word is obsolete.

PERSONAL. Belonging to the person.

2. This adjective is frequently employed in connection with substantives, things, goods, chattels,
actions, right, duties, and the like as personal estate, put in opposition to real estate; personal actions, in
contradistinction to real actions; personal rights are those which belong to the person; personal duties
are those which are to be performed in person.

PERSONAL ACTIONS. Personal actions are those brought for the specific goods and chattels; or for
damages or other redress for breach of contract or for injuries of every other description; the specific
recovery of lands, tenements and hereditaments only excepted. Vide Actions, and 1 Com. Dig. 206,
450; 1 Vin. Ab. 197; 3 Bouv. Inst. n. 2641, et. seq.
PERSONAL LIBERTY. Vide Liberty.

PERSONAL PROPERTY. The right or interest which a man has in things personal; it consists of
things temporary and movable, and includes all subjects of property not of a freehold nature, nor
descendable to the heirs at law. Things of a movable nature, when a right can be had in them, are
personal property, but some things movable are not the subject of property; as light and air. Under the
term personal property, is also included some property which is in its nature immovable, distinguished
by the name of chattels real, as an estate for years; and fixtures (q . v.) are sometimes classed among
personal property. A crop growing in the ground is considered personal property. so far as not to be
considered an interest in land, under the statute of frauds. 11 East, 362; 1 Shopl. 337; 5 B & C. 829; 10
Ad. & E. 753; 9 B. & C. 561; sed vide 9 B. & C. 561.

2. It is a general principle of American law, that stock held in corporations, is to be considered as


personal property; Walk. Introd. 211; 4 Dane's Ab. 670; Sull. on Land Tit. 71; 1 Hill. Ab. 18; though it
was held that such stock was real estate; 2 Conn. R. 567; but, this being found inconvenient, the law
was changed by the legislature.

3. Property in personal chattels is either absolute or qualified; absolute, when the owner has a complete
title and full dominion over it; qualified, when -he has a temporary or special interest, liable to be
totally divested on the happening of some particular event. 2 Kent, Com. 281.

4. Considered in relation to its use, personal property is either in possession, that is, in the actual
enjoyment of the owner, or, in action, that is, not in his possession, but in the possession of another,
and recoverable by action.

5. Title to personal property is acquired. 1st. By original acquisition by occupancy; as, by capture in
war; by finding a lost thing. 2d. By original acquisition; by accession. 3d. By original acquisition, by
intellectual labor; as, copyrights and patents for inventions. 4th. IV transfer, which is by act of law. 1.
By forfeiture. 2. By judgment. 3. By insolvency. 4. By intestacy. 5th. By transfer, by act of the party.
1 . Gifts. 2. Sale. Vide, generally, 16 Vin. Ab. 335; 8 Com. Dig. 474; Id. 562; 1 Supp. to Ves. Jr. 49,
121, 160, 198, 255, 368, 9, 399, 412, 478; 2 Ibid. 10, 40, 129, 290, 291, 341; 1 Vern. 3, 170, 412; 2
Salk. 449; 2 Ves. Jr. 59, 336, 176, 261, 271, 683; 7 Ves. 453. See Pew; Property; Real property.

PERSONAL REPRESENTATIVES. These words are construed to mean the executors or


administrators of the person deceased. 6 Mad. R. 159; 2 Mad. R. 155; 5 Ves. 402; 1 Madd. Ch. 108.

PERSONAL SECURITY. The legal and uninterrupted enjoyment by a man of his life, his body, his
health and his reputation. 1 Bouv. Inst. n. 202.

PERSONALITY OF LAWS. Those laws which regulate the condition, state, or capacity of persons.
The term is used in opposition to those laws which concern property, whether real or personal, and
things. See Story, Confl. of L. 23; and Reality of laws.

PERSONAITY. An abstract of personal; as, the action is in the personalty, that is, it is brought against
a person for a personal duty which he owes. It also signifies what belongs to the person; as, personal
property.
TO PERSONATE, crim. law. The act of assuming the character of another without lawful authority,
and, in such character, doing something to his prejudice, or to the prejudice of another, without his will
or consent.

2. The bare fact of personating another for the purpose of fraud, is no more than a cheat or
misdemeanor at common law, and punishable as such. 2 East, P. C. 1010; 2 Russ. on Cr. 479.

3. By the act of congress of the 30th April, 1790, s. 15, 1 Story's Laws U. S. 86, it is enacted, that " if
any person shall acknowledge, or procure to be acknowledged in any court of the United States, any
recognizance, bail or judgment, in the name or names of any other person or persons not privy or
consenting to the same, every such person or persons, on conviction thereof, shall be fined not
exceeding five thousand dollars, or be imprisoned not exceeding seven years, and whipped not
exceeding thirty-nine stripes, Provided nevertheless. that this act shall not extend to the
acknowledgment of any judgment or judgments by any attorney or attorneys, duly admitted, for any
person or persons against whom any such judgment or judgments shall be bad or given." Vide,
generally, 2 John. Cas. 293; 16 Vin. Ab. 336; Com. Dig. Action on the case for a deceit, A 3.

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