Person

rights, subject and human

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It includes women; Opinion of Justices, 136 Mass. 580; Warwick v. State, 25 Ohio St. 21; Belles v. Burr, 76 Mich. 1, 43 N. W. 24; but see In re Goodell, 39 Wis. 232, 20 Am. Rep. 42; In re Bradwell, 55 535, where the statute was in reference to ad mission to the bar, and it was held that, while the term was broad enough to include them, such a construction could not be pre sumed to be the legislative intent.

Where the statute prohibited any person from pursuing his usual vocation on the Lord's Day, it was held to apply to a judge holding court; Bass v. Irvin, 49 Ga. 436.

A child en ventre sa mere is not a person ; Dietrich v. Northampton, 138 Mass. 14, 52 Am. Rep. 242; but an infant is so considered Madden v. Springfield, 131 Mass. 441.

In the United States bankruptcy act of 1898, it is provided that the word "persons" shall include corporations, except where oth erwise specified, and officers, partnerships, and women, and, when used with reference to the commission of acts which are therein forbidden, shall include persons who are participants in the forbidden acts, and the agents, officers, and members of the board of directors or trustees, or their controlling bodies, of corporations.

Persons are the subject of rights and du ties; and, as a subject of a right, the person is the object of the correlative duty, and con versely. The subject of a right has been called by Professor Holland, the person of inherence ; the subject of a duty, the person of incidence. "Entitled" and "bound" are the terms in common use in English and for most purposes they are adequate. Every full citizen is a person ; other human beings, namely, subjects who are not citizens, may be persons. But not every human being is necessarily a person, for a person is capable of rights and duties, and there may well be human beings having no legal rights, as was the case with slaves in English law. . . . A person is such, not because he is human, but because rights and duties are ascribed to him. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered as having such attributes is what lawyers call- a natural person. Pollock, First Book of Jurispr. 110. See Gray, Na ture and Sources of Law, ch. II.

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