KFLCC Kingdom Law 2nd Ed.

883

PAYMENT

PAVAQE

PAX REGIS. Lat The peace of the king; that is, the peace, good order, and se curity 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 all persons within the protection of the law. This name was also given, in ancient times, to a certain privileged district or sanctuary. The pax regis, 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 discharged. Beals v. Home Ins. Co., 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 And see First Nat. Bank v. Greenville Nat Bank, 84 Tex. 40, 19 S. W. 334; Easton v. Hyde, 13 Minn. 91 (Gil. 83). 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 English law. The officer who makes the various payments out of the public money required for the different de partments of the state by issuing drafts on the Bank of England. Sweet. In American law, the officer at the head of the pay corps of the army is so called, also the naval officer holding corresponding office and rank with reference to the pay department of the navy. 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. Brady v. Wasson, 6 Heisk. (Tenn.) 135; Bloodworth v. Jacobs, 2 La. Ann. 24; Root v. Kelley, 39 Misc. Rep. 530, 80 N. Y. Supp. 482; Moulton v. Robison, 27 N. H. 554; Clay v. Lakenan, 101 Mo. App. 563, 14 S. W. 391; Claflin v. Continental Works, 85

to make compensation. Inst 4, 9; Mackeld. Bom. Law, { 510. PAVAGE. Money paid towards paving 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 fiat stones, as well as when paved with brick, as is frequently done. In re Phillips, 60 N. Y. 22; Buell v. Ball, 20 Iowa, 282; Harrisburg v. Segelbaum, 151 Pa. 172, 24 Atl. 1070, 20 L. R. A. 834. PAWN, v. 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 engage ment; a pledge. Story, Bailm. § 7; Coggs v. Bernard, 2 Ld. Raym. 913; Barrett v. Cole, 49 N. C. 40; Surber v. McClintic, 10 W. Va. 242; Commercial Bank v. Flowers, 116 Ga. 219, 42 S. E. 474. 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 including both species. Civ. 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. Little Rock v. Barton, 33 Ark. 444; Schaul v. Charlotte, 118 N. C. 733, 24 S. E. 526; Chicago v. Hulbert, 118 111. 632, 8 N. E. 812, 59 Am. Rep. 400. 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 hereby 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 ECCXESLS:. Lat In old English law. The peace of the church. A particular privilege attached to a church; sanctuary, (q. v.) Crabb, Eng. Law, 41; Cowell.