Blacks Law Dict. 1st ed

PECUNIA CONSTITUTA

PAYMENT

881

PECK. A measure of two gallons; a dry measure. PECORA. Lat. In Roman law. Cat tle; beasts. The term included all quadru peds that fed in flocks. Dig. 32, 65, 4. PECULATION. In the civil law. The unlawful appropriation, by a depositary of public funds, of the property of the govern ment intrusted to his care, to his own use, or that of others. Domat. Supp. au Droit Public, 1. 3, tit. 5. PECULATUS. In the civil law. The offense of stealing or embezzling the public money. Hence the common English word "peculation," but "embezzlement" is the proper legal term. 4 Bl. Comm. 121, 122. PECULIAR. In ecclesiastical law. A parish or chuich in England which has juris diction of ecclesiastical matters within itself, and independent of the ordinary, and is sub ject only to the metropolitan. PECULIARS, COURT OF. InEnglish law. A branch of and annexed to the court of arches. It has a jurisdiction over all those parishes dispersed through the province of Canterbury, in the midst of other dioceses, which are exempt from the ordinary's juris diction, and subject to the metropolitan only. PECULIUM. InRomanlaw. Such private property as might be held by a slave, wife, or son who was under the patria po testas, separate from the property of the father or master, and in the personal disposal of the owner. PECULIUM CASTRENSE. In Roman law. That kind of peculium which a son a&- quired in war, or from his connection with the camp, (castrum.) Heinecc. Elem. lib. 2, tit. 9, § 474. PECUNIA. Lat. Originally and radi oally, property in cattle, or cattle themselves. So called because the wealth of the ancients consisted in cattle. Co. Litt. 2076. In the civil law. Property in general, real or personal; anything that is actually the subject of private property. In a nar rower sense, personal property; fungible things. In the strictest sense, money. This has become the prevalent, and almost the ex clusive, meaning of the word. In old English law. Goods and chat* tels. Spelman. PECUNIA CONSTITUTA. law. Money owing (even upon a moral ob ligation) upon a day being fixed {congtituta)

obligation of the contract, but the perform ance of that which the parties respectively undertook, whether it be to give or to do. Civil Code La. art. 2131. Performance of an obligation for the de livery of money only is called "payment." Civil Code Cal. § 1478. In pleading. When the defendant alleges that he has paid the debt or claim laid in the declaration, this is called a "plea of pay ment." PAYMENT INTO COURT. In prac tice. The act of a defendant in depositing the amount which he admits to be due, with the proper officer of the court, for the benefit of the plaintiff and in answer to his claim. PAYS. Fr. Country. Tiial per pays, trial by jury, (the country.) See PAIS. PEACE. As applied to the affairs of a state or nation peace may be either external or internal. In the former case, the term denotes the prevalence of amicable relations and mutual good will between the particu lar society and all foreign powers. In the latter case, it means the tranquillity, securi ty, and freedom from commotion or disturb ance which is the sign of good order and harmony and obedience to the laws among all the members of the society. In a some what technical sense, peace denotes the quiet, •ecurity, good order, and decorum which is guarantied by the constitution of civil soci ety and by the laws. The concord or final agreement in a fine of lands. 18 Edw. I. "Modus Levandi Finis." PEACE, BILL OP. See BILLOF PEACE. PEACE OF GOD AND THE CHURCH. In old English law. That rest and cessation which the king's subjects had from trouble and suit of law between the terms and on Sundays and holidays. Co well; Spelman. Pecoata contra nataram sunt gravis sima. 3 Inst. 20. Crimes against nature are the most heinous. Peccatum pecoato addit qui culpse quam facit patrocinia defensionis ad Jungit. 5 Coke, 49. He adds fault to fault who sets up a defense of a wrong committed by him. PECIA. A piece or small quantity of ground. Paroch. Antiq. 240. < V.DI0T.LAW—56

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