Blacks Law Dict. 1st ed

903 PLEGII DE RETO11NO HABENDO

PLEBISCITUM

can sell and deliver the thing mortgaged, subject only to the right of redemption. A pledgee can not sell and deliver his pawn until the debt is du» and payment denied. Bouvier. There are two varieties of the contract of pledge known to the law of Louisiana, viz., pawn and antichresis; the former relating to chattel securities, the latter to landed se curities. See Civil Code La. art. 3101; am* see those titles. PLEDGEE. The party to whom goodn are pledged, or delivered in pledge. Story Bailm. § 287. PLEDGERY. Suretyship, or an under taking or answering for another. PLEDGES. In old English law. No person could prosecute a civil action without having in the first stage of it two or more persons as pledges of prosecution; and il judgment was given against the plaintiff, or he deserted his suit, both he and his pledges were liable to amercement to the king pro fatso clamore. In the course of time, how ever, these pledges were disused, and the names of fictitious persons substituted for them, two ideal persons, John Doe and Rich ard Roe, having become the common pledges of every suitor; and now the use of suc/> pledges is altogether discontinued. Brown PLEDGES TO RESTORE. In Eng land, before the plaintiff in foreign attach ment can issue execution against the prop erty in the hands of the gaimshee, he must find "pledges to restore," consisting of two householders, who enter into a recognizance for the restoration of the property, as a secu rity for the protection of the defendant; for, as the plaintiff's debt is not proved in any stage of the proceedings, the court guards the rights of the absent defendant by taking se curity on his behalf, so that If he should afterwards disprove the plaintiff's claim he may obtain restitution of the property at tached. Brand. For. Attachm. 93; Sweet. PLEDGOR. The party delivering goods in pledge; the party pledging. Story, Bailm. §287. PLEGIABILIS. In old English law. That may be pledged; the subject of pledge or security. Fieta, lib. 1, c. 20, § 98. PLEGI I DE PROSEQUENDO. Pledges to prosecute with effect an action of replevin. PLEGII DE RETORNO HABENDO. Pledges to return the subject of distress, should the right be determined against tht

to a vote of the entire people, (that is, the Aggregate of the enfranchised individuals composing a state or nation,) expressing their shoice for or against a proposed law or en actment, submitted to them, and which, if adopted, will work a radical change in the constitution, or which is beyond the powers of the regular legislative body. The pro ceeding is extraordinary, and is generally rev olutionary in its character; an example of which may be seen in the plebiscites submit ted to the French people by Louis Napoleon, whereby the Second Empire was established. But the principle of the plebiscite has been incorporated in the modern Swiss constitu tion, (under the name of "referendum,") by which a revision of the constitution must be undertaken when demanded by the vote of fifty thousand Swiss citizens. Maine, Pop ular Govt. 40, 96. PLEBISCITUM. Lat. In Roman law. A law enacted by the plebs or commonalty, (that is, the citizens, with the exception of the patricians and senators,) at the request or on the proposition of a plebeian magistrate, •uch as a "tribune." Inst. 1, 2, 4. PLEBS. In Roman law. The common alty or citizens, exclusive of the patricians and senators. Inst. 1, 2, 4. PLEDABLE. L. Fr. That may be brought or conducted; as an action or "plea," as it was formerly called. Britt. c. 32. PLEDGE. In the law of bailment. A bailment of goods to a creditor as security for some debt or engagement. A bailment or delivery of goods by a debtor to his cred itor, to be kept till the debt be discharged. Story, Bailm. § 7; Civil Code La. art. 3133; 2 Kent, Comm. 577. Pledge is a deposit of personal property by way of security for the performance of anoth er act. Civil Code Cal. § 2986. The specific article delivered to the cred itor in security is also called a "pledge" or "pawn." There is a clear distinction between mortgages and pledges. In a pledge the legal title remains in the pledgor; in a mortgage it passes to the mort gagee. In a mortgage the mortgagee need not have possession; in a pledge the pledgee must have possession, though it be only constructive. In a mortgage, at common law, the property on non-payment of the debt passes wholly to the mortgagee; in a pledge the property is sold, and only so much of the proceeds as will pay his debt passes to the pledgee. A mortgage is a condition al conveyance of property, which becomes absolute unless redeemed at a specified time. # A pledge is •ot strictly a oonveyance at all, nor need any day of redemption be appointed for it. A mortgagee

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