Blacks Law Dict. 1st ed

884

PENTECOSTALS

PENALTY

when a discrimination is made, the word "penalty " is found to be generic in its character, including both fine and forfeiture. A "fine" is a pecuniary penalty, and is commonly (perhaps always) to be collected by suit in some form. A "forfeiture" is a penalty by which one loses his rights and inter est in his property. 4 Iowa, 300. 3. The term also denotes money recoverable by virtue of a statute imposing a payment by way of punishment. PENANCE. In ecclesiastical law. An ecclesiastical punishment inflicted by an ec clesiastical court for some spiritual offense. Ayl Par. 420. PENDENCY. Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and be fore the final disposition of it. PENDENS. Lat. Pending; as Us pen dens, a pending suit. PENDENTE LITE. Lat. Pending the suit; during the actual progress of a suit; during litigation. Pendente lite nihil innovetur. Co. Iitt. 344. During a litigation nothing new should be introduced. PENDENTES. In the civil law. The fruits of the earth not yet separated from the ground; the fruits hanging by the roots. Ersk. Inst. 2, 2, 4. PENDICLE. In Scotch law. A piece or parcel of ground. PENDING. Begun, but not yet com pleted; unsettled; undetermined; in process of settlement or adjustment. Thus, an ac tion or suit is said to be "pending" from its inception until the rendition of final judg ment. PENETRATION. A term used in crim inal law, and denoting (in cases of alleged rape) the insertion of the male part into the female parts to however slight an extent; and by which insertion the offense is com plete without pi oof of emission. Brown. PENITENTIARY. A prison or place of punishment; the place of punishment in which convicts sentenced to confinement and hard labor are confined by the authority of the law. 2 Kan. 175. PENNON. A standard, banner, or en sign carried in war. PENNY. An English coin, being the twelfth part of a shilling. It was also used iD America during the colonial period.

PENNYWEIGHT. A Troy weight, equal to twenty-four grains, or one-twentieth part of an ounce. PENSAM. The full weight of twenty ounces. PENSIO. Lat. In the civil law. A payment, properly, for the use of a thing. A rent; a payment for the use and occupa tion of another's house. PENSION. A stated allowance out of the public treasury granted by government to an individual, or to his repiesentatives, for his valuable services to the country, or in compensation for loss or damage sustained by him in the public service. In English practice. An annual pay ment made by each member of the inns of court. Cowell; Holthouse. Also an assembly of the members of the society of Gray's Inn, to consult of theii affairs. In the civil, Scotch, and Spanish law. A rent; an annual rent. PENSION OF CHURCHES. In En glish ecclesiastical law. Certain sums of money paid to clergymen in lieu of tithes. A spiritual person may sue in the spiritual court for a pension originally granted and confirmed by the ordinary, but, where it is gianted by a temporal person to a clerk, he cannot; as, if one grant an annuity to a par son, he must sue for it in the temporal courts. Cro. Eliz. 675. PENSION WRIT. A peremptory order against a member of an inn of court who is in arrear for his pensions, (that is, for his periodical dues,) or for other duties. Cowell. PENSIONER. One who is supported by an allowance at the will of another; a de pendent. It is usually applied (in a pub lic sense) to those who receive pensions or annuities from government, who are chief ly such as have retired from places of honor and emolument. Jacob. Persons making periodical payments are sometimes so called. Thus, resident under graduates of the university of Cambridge, who are not on the foundation of any col lege, are spoken of as "pensioners." Mozley & Whitley. PENT-ROAD. A road shut upor closed at its terminal points. 40 Vt. 41. PENTECOSTALS. In ecclesiastical law. Pious oblations made at the feast of Pente cost by parishioners to their priests, and

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