Blacks Law Dict. 1st ed

PACTA QUM CONTRA, ETC.

864

PAIR1NG-OFF

Pacta ques contra leges constitutio nesque, vel contra bonos mores Hunt, nullam vim habere, indubitati juris est. That contracts which are made against law or against good morals have no force is a principle of undoubted law Cod. 2, 3, 6. Pacta quse turpem causam continent non sunt observanda. Agreements found ed upon an immoral consideration are not to be observed. Dig 2,14,27,4; Broom, Max. 732. PACTIO. Lat. In the civil law. A bargaining or agreeing of which pactum (the agreement itself) was the result. Calvin. It is used, however, as the synonym of "pactum." FACTIONAL. Eelating to or generating an agreement; by way of bargain or cove nant. PACTIONS. In international law. Con tracts between nations which are to be per formed by a single act, and of which execu tion is at an end at once. 1 Bouv. Inst. no. 100. Pactis grivatorum juri publico non derogatur. Private contracts do not dero gate from public law. Broom, Max. 695. PACTITIOUS. Settled by covenant. Facto aliquod licitum est, quod sine pacto non admittitur. Co. Litt. 166. By special agreement things are allowed which are not otherwise permitted. PACTUM. Lat. In the civil law. A pact. An agreement or convention without specific name, and without consideration, which, however, might, in its nature, produce a civil obligation. Heinecc. Elem. lib. 3, tit. 14, § 775. In Roman law. With some exceptions, those agreements that the law does not di rectly enforce, but which it recognizes only as a valid ground of defense, were called "pacta." Those agreements that are en forced, in other words, are supported by ac tions, are called "contractus." The excep tions are few, and belong to a late period. Hunter, Bom. Law, 546. PACTUM CONSTITUTES PECU NI2E. In the civil law. An agreement by which a person appointed to his creditor a certain day or a certain time at which he promised to pay; or an agreement by which a person promises to pay a creditor. Whar- *on.

PACTUM DE NON PETENDO. In the civil law. An agreement not to sue. A simple convention whereby a creditor prom ises the debtor that he will not enforce his claim. Mackeld. Horn. Law, § 542. PACTUM DE QUOTA LITIS. In the civil law. An agreement by which a cred itor promised to pay a portion of a debt diffi cult to recover to a person who undertook to recover it. Wharton. PADDER. A robber; a foot highway' man. PADDOCK. A small inclosure for deer or other animals. PAGA. In Spanish law. Payment. Las Partidas, pt. 5, tit. 14,1.1. Pagamento, sat isfaction. PAGARCHUS. A petty magistrate of a pagus or little district in the country. PAGODA. A gold or silver coin, of sev eral kinds and values, formerly current in India. It was valued, at the United States custom-house, at $1.94. PAGUS. A county. Jacob. PAINE FORTE ET DURE. See Paras FOKTK ET DUKE. PAINS AND PENALTIES, BILLS OF. The name given to acts of parliament to attaint particular persons of treason or felony, or to inflict pains and penalties be yond or contrary to the common law, to serve a special purpose. They are in fact new laws, made pro re nata. PAINTINGS. It is held that colored imitations of rugs and carpets and colored working designs, each of them valuable and designed by skilled persons and hand paint ed, but having no value as works of art, are not "paintings," within the meaning of that term as used in a statute on the liability of carriers. 3 Ex. Div. 121. PAIRJNG-OFF. In the practice of leg islative bodies, this is the name given to a species of negative proxies, by which two members, who belong to opposite parties or are on opposite sides with regard to a given question, mutually agree that they will both be absent from voting, either for a specified period er when a division is had on the par ticular question. By this mutual agreement a vote is neutralized on each side of the ques tion, and the relative numbers on the divis ion are precisely the same as if both mem bers were present. May, Parl. Pr. 370.

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