KFLCC Kingdom Law 2nd Ed.

PAYMENT

884

PECULIARS, COURT OF

Ga. 27, 11 S. E. 721; Huffmans T. Walker, 26 Grat. (Va.) 316. By "payment" is meant not only the de livery of a sum of money, when such is the obligation of the contract, but the perform ance of that which the parties respectively undertook, whether it be to give or to do. Civ. Code La. art. 2131. Performance of an obligation for the de livery of money only is called "payment." Civ. 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." —Fart payment. The reduction of any debt or demand by the payment of a sum less than the whole amount originally due. Young v. Perkins, 29 Minn. 173, 12 N. W. 515; Moffitt v. Carr, 48 Neb. 403, 67 N. W. 150, 58 Am. St. Bep. 696.—Payment into court. In practice. The act of a defendant in depositing the amount which he admits to be due, with the proper of ficer of the court, for the benefit of the plain tiff and in answer to his claim.—Voluntary payment. A payment made by a debtor of his own will and choice, as distinguished from one exacted from him by process of execution or other compulsion. Redmond v. New York, 125 N. Y. 632, 26 N. E. 727; Rumford Chemical Works v. Ray, 19 R. I. 456, 34 Atl. 814; Tag gart v. Rice, 37 Vt. 47; Maxwell v. Griswold, 10 How. 255, 13 L. Ed. 405. 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 tranquility, 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, security, good order, and decorum which is guarantied by the constitution of civil soci ety and by the laws. People v. Rounds, 67 Mich. 482, 35 N. W. 77; Corvallis v. Carlile, 10 Or. 139, 45 Am. Rep. 134. The concord or final agreement in a fine of lands. 18 Edw. I. "Modus Levandi Finis." —Articles of the peace. See ARTICLES.— Bill of peace. See BILL.—Breach of peace. See BREACH.—Conservator of the peace. See CONSERVATOR.—Justice of the peace. See that title.—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. Cowell; Spelman. —Peace of the state. The protection, securi ty, and immunity from violence which the state undertakes to secure and extend to all persons within its jurisdiction and entitled to the bene fit of its laws. This is part of the definition of murder, it being necessary that the victim should be "in the peace of the state," which now practically includes all persons except arm ed public enemies. See MURDER. And see State PAYS. Fr. Country. Trial per pays, trial by jury, (the country.) See PAIS.

v. Dunkley, 25 N. C. 121.—Peace officers. This term is variously defined by statute in the different states; but generally it includes sher iffs and their deputies, constables, marshals, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace. See People v. Clinton, 28 App. Div. 478, 51 N. Y. Supp. 115; Jones v. State (Tex. Cr. App.) 65 S. W. 92.—Public peace. The peace or tranquillity of the community in general; the good order and repose of the peo ple composing a state or municipality. See Neu endorff v. Duryea, 6 Daly (N. Y.) 280; State v. Benedict, 11 Vt. 236, 34 Am. Dec. 688. PEACEABLE. Free from the character of force, violence, or trespass; as, a "peace able entry" on lands. "Peaceable posses sion" of real estate is such as is acquiesced in by all other persons, including rival claim ants, and not disturbed by any forcible at tempt at ouster nor by adverse suits to re cover the possession or the estate. See Stanley v. Schwalby, 147 U. S. 508, 13 Sup. Ct. 418, 37 L. Ed. 259; Allaire v. Ketcham, 55 N. J. Eq. 168, 35 Atl. 900; Bowers v. Cherokee Bob, 45 Cal. 504; Gitten v. Lowry, 15 Ga. 336. Peccata contra naturam sunt gravis sima. 3 Inst. 20. Crimes against nature are the most heinous. Peccatum peccato addit qui cnlpse qnam 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. 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. See Bork v. People, 91 N. Y. 16. In the civil law. The offense of stealing or embezzling the pub lic money. Hence the common English word "peculation," but "embezzlement" is the proper legal term. 4 Bl. Comm. 121, 122. In ecclesiastical law. A parish or church 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. In English law. A branch of and annexed to the court of arches. It has a jurisdiction over all those PECULATUS. La t PECULIAR.