KFLCC Kingdom Law 2nd Ed.

PACTA DANT LEGEM

868

PAIRING-OFF

without any consideration for it, and therefore not enforceable.—Pactum constitutes pe cuniae. In the civil law. An, agreement by which a person appointed to his creditor a cer tain day or a certain time at which he promised to pay; or an agreement by which a person promises to pay a creditor. Wharton.—Pac tum de non alienando. A pact or agreement binding the owner of property not to alienate it, intended to protect the interests of another; particularly an agreement by the mortgagor of real estate that he will not transfer the title to a third person until after satisfaction of the mortgage. See Mackeld. Rom. Law, § 461.— Pactum de non petendo. In the civil law. An agreement not to sue. A simple conven tion whereby a creditor promises the debtor that he will not enforce his claim. Mackeld. Rom. Law, § 542.—Pactum de quota litis. In the civil law. An agreement by which a creditor promised to pay a portion of a debt difficult to recover to a person who undertook to recover it. Wharton. PADDER. A robber; a foot highway man; a foot-pad. PADDOCK. A small inclosure for deer or other animals. PAGA. In Spanish law. Payment Las Partidas, pt 5, tit. 14, L 1. Pagamento, sat isfaction. PAGARCHUS. A petty magistrate of & 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 PEINl FOBTE ET DURE. PAINS AND PENALTIES, BILLS OF. The name given to acts of parliament to at taint particular persons of treason or felony, or to inflict pains and penalties beyond or contrary to the common law, to serve a spe cial 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. PAIRING-OFF. In the practice of leg islative bodies, this is the name given to a species of negative proxies, by which tw© 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 or when a division is had on the par ticular question. By this mutual agreement a vote is neutralized on each side of the

to with a fraudulent design are in all re spects to be observed. Cod. 2, 3, 39; Broom, Max. 698, 732. Pacta dant legem contractu!. Hob.118. The stipulations of parties constitute the law of the contract. Pacta privata juri publico derogare non possiint. 7 Coke, 23. Private com pacts cannot derogate from public right Pacta quae contra leges constitutio nesque, vel contra bonos mores fiunt, 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 quae tnrpem cansam 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." PACTIONAL. Relating 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 privatorum juri publico non derogatur. Private contracts do not dero gate from public law. Broom, Max. 695 FACTITIOUS. Settled by covenant Pacto 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, pro duce a civil obligation. Heinecc Elem. lib. 3, tit. 14, S 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, Rom. Law, 546. —Nudum pactum. A bare or naked pact or agreement; a promise or undertaking made