英文法律词典 P-51

PERMANENT-TRESPASSES². When trespasses of one and the same kind, are committed on several days, and are in their nature capable of renewal³ or continuation, and are actually renowed or continued from day to day, so that the particular injury, done on each particular day, cannot be distinguished⁴ from what was done on another day, these wrongs are called permanent trespasses. in declaring for such trespasses they may be laid with a continuando. 3 Bl. Com. 212; Bac. Ab. Trespass¹, B 2; Id. 1 2; 1 Saund. 24, n. 1. Vide Continuando; Trespass.

PERMISSION. A license⁵ to do a thing; an authority to do an act which without such authority would have been unlawful. A permission differs from a law, it is a cheek upon the operations of the law.

2. Permissions are express or implied. 1. Express permissions derogate⁶ from something which before was forbidden, and may operate in favor of one or more persons, or for the performance of one or more acts, or for a longer or shorter time. 2. Implied, are those, which arise from the fact that the law has not forbidden the act to be done. 3. But although permissions do not operate as laws, in respect of those persons in whose favor they are granted; yet they are laws as to others. See License.

PERMISSIVE. Allowed; that which may be done; as permissive waste, which is the permitting real estate to go to waste; when a tenant⁷ is bound to repair he is punishable for permissive waste. 2 Bouv. Inst. n. 2400. See Waste.

PERMIT. A license or warrant to do something not forbidden bylaw; as, to land goods imported into the United States, after the duties have been paid or secured to be paid. Act of Cong. of 2d March, 1799, s. 49, cl. 2. See form of such a permit, Gord. Dig. Appendix, No. II. 46.

PERMUTATION, civil law. Exchange; barter⁸.

2. This contract is formed by the consent of the parties, but delivery is indispensable; for, without it, it mere⁹ agreement. Dig. 31, 77, 4; Code, 4, 64, 3.

3. Permutation differs from sale in this, that in the former a delivery of the articles sold must be made, while in the latter it is unnecessary. It agrees with the contract of sale, however, in the following particulars: 1. That he to whom the delivery is made acquires the right or faculty¹⁰ of prescribing. Dig. 41, 3, 4, 17. 2. That the contracting parties are bound to guaranty to each other the title of the things delivered. Code, 4, 64, 1. 3. That they are bound to take back the things delivered, when they have latent defects which they have concealed¹¹. Dig. 21, 1, 63. See Aso & Man. Inst. B. 2, t. 16, c. 1; Nutation; Transfer.