(单词翻译:单击)
PERSONAL ACTIONS. Personal actions are those brought for the specific goods and chattels1; or for damages or other redress2 for breach3 of contract or for injuries of every other description; the specific recovery of lands, tenements4 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, distinguished5 by the name of chattels real, as an estate for years; and fixtures6 (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 statute7 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 inconvenient8, the law was changed by the legislature.
3. Property in personal chattels is either absolute or qualified9; absolute, when the owner has a complete title and full dominion10 over it; qualified, when -he has a temporary or special interest, liable to be totally divested11 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 enjoyment12 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 labor13; as, copyrights and patents for inventions. 4th. IV transfer, which is by act of law. 1. By forfeiture14. 2. By judgment15. 3. By insolvency16. 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 construed17 to mean the executors or administrators18 of the person deceased. 6 Mad. R. 159; 2 Mad. R. 155; 5 Ves. 402; 1 Madd. Ch. 108.
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chattels
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n.动产,奴隶( chattel的名词复数 ) | |
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redress
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n.赔偿,救济,矫正;v.纠正,匡正,革除 | |
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breach
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n.违反,不履行;破裂;vt.冲破,攻破 | |
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tenements
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n.房屋,住户,租房子( tenement的名词复数 ) | |
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distinguished
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adj.卓越的,杰出的,著名的 | |
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fixtures
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(房屋等的)固定装置( fixture的名词复数 ); 如(浴盆、抽水马桶); 固定在某位置的人或物; (定期定点举行的)体育活动 | |
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statute
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n.成文法,法令,法规;章程,规则,条例 | |
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inconvenient
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adj.不方便的,令人感到麻烦的 | |
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qualified
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adj.合格的,有资格的,胜任的,有限制的 | |
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dominion
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n.统治,管辖,支配权;领土,版图 | |
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divested
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v.剥夺( divest的过去式和过去分词 );脱去(衣服);2。从…取去…;1。(给某人)脱衣服 | |
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enjoyment
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n.乐趣;享有;享用 | |
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labor
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n.劳动,努力,工作,劳工;分娩;vi.劳动,努力,苦干;vt.详细分析;麻烦 | |
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forfeiture
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n.(名誉等)丧失 | |
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judgment
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n.审判;判断力,识别力,看法,意见 | |
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insolvency
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n.无力偿付,破产 | |
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construed
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v.解释(陈述、行为等)( construe的过去式和过去分词 );翻译,作句法分析 | |
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administrators
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n.管理者( administrator的名词复数 );有管理(或行政)才能的人;(由遗嘱检验法庭指定的)遗产管理人;奉派暂管主教教区的牧师 | |
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