Blacks Law Dict. 1st ed

880

PAUPEB

PAYMENT

PAUPER. A person so poor that he must be supported at public expense; also a suitor who, on account of poverty, is al lowed to sue or defend withoat being charge able with costs. PAUPERIES. Lat. In Roman law. Damage or injury done by an irrational an imal, without active fault on the part of the owner, but for which the latter was bound to make compensation. Inst. 4, 9; Mackeld. Rom. Law, § 510. PAVAGE. Money paid towards paring the streets or highways. PAVE. To pave is to cover with stones or brick, or other suitable material, so as to make a level or convenient surface for horses, carriages, or foot-passengers, and a sidewalk is paved when it is laid or flagged with flat stones, as well as when paved with brick, as is frequently done. 60 N. Y. 22. PAWN, t>. To deliver personal property to another in pledge, or as security for a debt or sum borrowed. PAWN, n. A bailment of goods to a cred itor, as security for some debt or engagement; a pledge. Story, Bailm. § 7. Pawn, or pledge, is a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged. Wharton. Also the specific chattel delivered to the creditor in this contract. In the law of Louisiana, pawn is known as one species of the contract of pledge, the other being antichresis; but the word "pawn" is sometimes used as synonymous with "pledge," thus includ ing both species. Civil Code La. art. 3101. PAWNBROKER, A person whose busi ness is to lend money, usually in small sums, •on security of personal property deposited with him or left in pawn. Whoever loans money on deposit or pledges of personal property, or who purchases per sonal property or choses in action, on condi tion of selling the same back again at a stip ulated price, is heieby defined and declared to be a pawnbroker. Rev. St. Ohio 1880, § 4387. See, also, 14 U. S. St. at Large, 116. PAWNEE. The person receiving a pawn, or to whom a pawn is made; the person to whom goods are delivered by another in pledge. PAWNOR. The person pawning goods or delivering goods to another in pledge. PAX ECCLESI-aS. Lat. In old English law. The peace of the church. A particular

privilege attached to a church; sanctuary, (q. v.) Crabb, Eng Law, 41; CoweJl. PAX REGIS. Lat. The peace of the king; that is, the peace, good order, and securi ty for life and property which it is one of the objects of government to maintain, and which the king, as the personification of the power of the state, is supposed to guaranty to &11 persons within the protection of the law. This name was also given, in ancient times, to a certain privileged district or sanctuary. The paxregis, or verge of the court, as it was afterwards called, extended from the palace gate to the distance of three miles, three fur longs, three acres, nine feet, nine palms, and nine barleycorns. Crabb, Eng. Law, 41. PAY. To pay is to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance, by which the debt is dis charged. 36 N. Y. 522. PAYABLE. A sum of money is said to be payable when a person is under an obliga tion to pay it. "Payable" may therefore sig nify an obligation to pay at a future time, but, when used without qualification, "pay able" means that the debt is payable at once, as opposed to "owing." Sweet. PAYEE. In mercantile law. The per son in whose favor a bill of exchange, prom issory note, or check is made or drawn; the person to whom or to whose order a bill, note, or check is made payable. 3 Kent, Comm. 75. PAYER, or PAYOR. One who pays, or who is to make a payment; particularly the person who is to make payment of a bill or note. Correlative to "payee." PAYMASTER. An officer of the army or navy whose duty is to keep the pay-ac counts and pay the wages of the officers and men. Any official charged with the disburse ment of public money. PAYMASTER GENERAL. In En glish law. The officer who makes the vari ous payments out of the public money re quired for the different departments of the state by issuing drafts on the Bank of Eng land. Sweet. PAYMENT. The performance of a duty, promise, or obligation, or discharge of a debt or liability, by the delivery of money or oth er value. Also the money or other thing so delivered. By "payment" is meant not only the de livery oi a sum of money, when such is the

Archive CD Books USA