Page:Black's Law Dictionary (Second Edition).djvu/894

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2193; Bailey v. Irby. 2 Nott & MCC. (S. C.) 343, 10 Am. Dec. 609.

P]-IJJONES. Foot-soldiers.

peer or nobleman. taken collectively.

The rank or dignity of 8. Also the body of nobles

PE]-DRESS. A woman who belongs to the nobility, which may be either in her own right or by rghl: of marriage.

PEERS. In feudal law. The vassals of a lord who sat in his court as judges of their co-vassals, and were called "peers," as being each oLber's equals, or or the same condinon.

The nobility of Great Britain, being the lords tempornl hming seats in parliament, and including dultes, marquises, earls, viscounts, and barons.

Equals: those who are a man's equals in run]; and station; this being the meaning in the phrase "trial by a jury of his peers."

PEERS OF FEES. Vassnls or tenants of the same lord, u ho were obliged to serve and attend him in his courts. being equal in fllllltlfin. These were termed "peers of fees," because holding fees of the lord, or because their business in court was to sit and judge, under their lords, of disputes arising upon fees; but, if there were too many in one lord- ship, the lord usually chose twelve, who had the title of peers, by way of distinction; wlicnce, it is said, we derive our common juries and other peers. Cowell.

P]-JINE FORTE ET JJURE. L. Fr. In old English law A special form of punish- ment for those who. being arraigned for fel- ony, obstinately "stood mute:" that is. refused to plead or to put themselves upon trial. It is described as a combination of solitary confinement, slow stanation, and crushing the naked body with a great load of iron. This atrocious punishment was vuigariy Called "pressing to death." See 4

Bl. Comm. J2-ia3f.’S; Britt. cc. 4, fl; 2 Reeve, Eng. Law, 134; Cowe1L

PELA. A peal, pile, or tort. Cowell.

P]-11.]-ZS. Issues arising from or out of 2 thing. Jacob.

P]-JLFE, or PELFRE. Booty; also the pe1'Sul.u‘LI effects of a felon con\ ict. Cowell.

PELLAGE.'''}} The custom or duty paid for skins of leather.

PELLEX. Lat. In Roman law. A cocnubine. Dig. 50. 16, 144.

PELLICIA. A pilcb or surplice. Spell.|l.ll.\.

PELLIPARIUS. A leather-seller or skinner. Jacob.

886

PEN AL

PELLOTA. The ball of a foot. 4 O8.

PELLS, CLERK OF TEE. An d in the English exchequer, who entered ev seller's bill on the parchment rolls, the of receipts, and the roll of dlshursemcn.

PELT-WOOL. The wool pulled of! skin or pelt of dead sheep. 8 Hen. VI. cu‘

P]-JNAL. Plllillshflille; infllcting a i , ishment: containing a penalty, or relatl to a penalty.

—Penn1 action. In practice. An acflfl on a penal statute; an action for the i of a penalty given by statute. 3 Staph. ‘ Distinguished from a popular or qlii

action, in which the action is brought b informer. to whom art of the pcnilty go penal action or in omiat-ion is brought by = officer, and the unity goes to the king. Chit. Gen. Pr. £5 note. 2 Art-llb. Pr But in American law, the term includes .5 brought by informers or other private 1 as well as those instituted by goveranm public officers. In :1 broad sense the tug been made to include all actions in whirl! I may be 3. rccovv.-ry ' nlnmagcs, as suits

which special, double, or treble dsmzg given by statute, such as actions to n

1 G). 4.; an: 9.1, v. Groves, 134 Mass. 41.. But in a more liculnr sensc it means (1) an action on u > ute which gives a certnin penalty to be retai- ed by any person vnbo will sue for it, (in ' . 536 Vt. 20.) or (2) an ‘.t(‘l'll7l] in w uric-meat muin ‘

its purpose and elirrt nnt heiu_L' I acti ns but civil suits. though the!‘ may on , special damages by statute. ' S.. 57 Fed 490. G C. C. A. (‘hattanooga Foumlry & Pipe ":2 -1 3. 61 C. C. A. 387. (H L. R. A. 72] —Pe bill. An instrument fonncrly in use by a puny bound himself to pny a certain sum sums of mone or to do cerlain nl ts. 01.. . default there-o to pay a certain specified

by way of penalty; thence termed afi sum." These instrnmnnts have been sup . by the use of a bond in a p(‘l:|nl sum, with all di ons. I’-rown.—Pena.l band. A bond [inflising to my a named sum of money [the, alty) with a condition underwritten that. II p stimulated collateral thing. other thou the pi meat of money, be done or forhorn case may he, the nillifiillfioil shall he v ‘:12 v. Wand, 170 Mo. - ". 1-2 L. R. A. 4"" —Penal clam! . A it clause is a secnn ry obligation. vntcrcd intoh the purpose of en orunv the performance of primary obligation. Cu. (‘ t

ode IA1. art. 211 Also a. clause in '1 statute leclziring a pens for a violation of the rm-cc Ing clauses.-—Penn laws. Those which prob but an nct and lmgcse 5 peno.lt_v for the commission of it. '1 Cro. no. 415. Strictly and properly speaking. in penal law is one imposing a ‘penalty or pun) I (and properly a [It’<‘IlniarV line or mulct) or some oflense of a public nature or wrong com»

‘ inst the stale. Satkett v. Sunken.’

Kilton \. l‘rnv|dt-nce 10"‘

ed a r Mn. .) 3 C'o.. 22 R. I O0 . 48 All

Roll. 47 Vt: 2.; Nobr 1. \\’alsh. 68 Ark. 433. 5. S. W. .., R: p. 301 Strictly speaking. statutes gufing II

private action agan t a wron oer are not pe- nal in their nature, neither the liability imposed nor the remedy given being penal, the wrong