*"Many of the modern civilians have narrowed the Import of the term ‘person’ as meaning a physical or natural person. They define a person thus: ‘homo, cure statu sue censlderatus;, a qauman being, invested with the condition of status., And, In this definition, they use the term status in a restricted sense, as including only those conditions which comprise rights and as excluding conditions which are purely onerous and burthensome, or which consist of duties merely. According to this definition, human beings who have no rights are not persons, but things, being classed with other things which have no rights residing in themselves, but are merely the subjects of rights residing in others. Such, in the Roman law, down to the age of the Antonlnes, was the position of the slave." Austin’s Jur., vol 1, 358.
The signification in Our Jurisprudence .... The word ‘Person,’ in its primitive and natural sense, signifies the mask with which actors, who played dramatic pieces in Rome and Greece, covered their heads. These pieces were played in public places. and afterwards in Such vast amphitheaters that it was impossible for a man to make himself heard by all the spectators. Recourse was had to art; the head of each actor was enveloped with a mask, the figure of which represented the Part he was to play, and it was so contrived that the opening for the emission of his voice made the sounds clearer and more resounding, vox personabat, when the name persona was given to the instrument or mask which facilitated the resounding of his voice. The name persona was afterwards applied to the part itself which the actor had undertaken to play, because the face of the mask was adapted to the age and character of him who was considered as speaking, and sometimes it was his own portrait. It is in this last sense of personage, or of the part which an individual plays, that the word persona is employed in jurisprudence, in opposition to the word man, homo. When we speak of a person, we only consider the state of the man, the part he plays in society, abstractly, without considering the individual".
1 Bouvier’s Institutes, note 1.
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