A
LAW DICTIONARY
ADAPTED TO THE CONSTITUTION AND LAWS OF
THE UNITED STATES OF AMERICA
AND OF THE
SEVERAL STATES OF THE AMERICAN UNION
With References to the Civil and Other Systems of Foreign Law
by
John Bouvier
Ignoratis terminis ignoratur et ars. - Co. Litt. 2 a.
Je sais que chaque science et chaque art a ses termes
propres, inconnu au commun des hommes. - Fleury
SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED.
VOL. I.
---------------------------
PHILADELPHIA
CHILDS & PETERSON, 124 ARCH STREET
1856
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; Woodes. 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.