KFLCC Kingdom Law 2nd Ed.

886

PEDONES

PENAL

2193; Bailey v. Irby, 2 Nott & McC. (S. C.) 343, 10 Am. Dec. 609.

PELLOTA. The ball of a foot 4 Inst 308. PELLS, CLERK OF THE. An officer in the English exchequer, who entered every seller's bill on the parchment rolls, the roll of receipts, and the roll of disbursements. PELT-WOOL. The wool pulled off the skin or pelt of dead sheep. 8 Hen. VI. c. 22. PENAL. Punishable; inflicting a pun ishment; containing a penalty, or relating to a penalty. —Penal action. In practice. An action up on a penal statute; an action for the recovery of a penalty given by statute. 3 Steph. 535, 536. Distinguished from a popular or qui tarn action, in which the action is brought by the informer, to whom part of the penalty goes'. A penal action or information is brought by an officer, and the penalty goes to the king. 1 Chit. Gen. Pr. 25, note; 2 Archb. Pr. 188. But in American law, the term includes actions brought by informers or other private persons, as well as those instituted by governments or public officers. In a broad sense, the term has been made to include all actions in which there may be a recovery of exemplary or vindictive damages, as suits for libel and slander, or in which special, double, or treble damages are given by statute, such as actions to recover money paid as usury or lost in gaming. See Bailey v. Dean, 5 Barb. (N. Y.) 303; Ashley v. Frame, 4 Kan. App. 265, 45 Pac. 927; Cole v. Groves, 134 Mass. 472. But in a more par ticular sense it means (1) an action on a stat ute which gives a certain penalty to be recover ed by any person who will sue for it, (In re Barker, 56 Vt. 20,) or (2) an action in which the judgment against the defendant is in the nature of a fine or is intended as a punishment, actions in which the recovery is to be compensa tory in its purpose and effect not being penal actions but civil suits, though they may carry special damages by statute. See Moller v. U. S., 57 Fed. 490, 6 C. C. A. 459; Atlanta v. Chattanooga Foundry & Pipe Works, 127 Fed. 23, 61 C. C. A. 387, 64 L. R, A. 721.—Penal bill. An instrument formerly in use, by which a party bound himself to pay a certain sum. or sums of money, or to do certain acts, or, in default thereof, to pay a certain specified sum by way of penalty; thence termed a "penal sum." These instruments have been superseded by the use of a bond in a penal sum, with con ditions. Brown.—Penal bond. A bond prom ising to pay a named sum of money (the pen alty) with a condition underwritten that, if a stipulated collateral thing, other than the pay ment of money, be done or forborne, as the case may be, the obligation shall be void. Burn side v. Wand, 170 Mo. 531, 71 S. W. 337, 02 L. R. A. 427.—Penal clause. A penal clause is a secondary obligation, entered into for the purpose of enforcing the performance of a primary obligation. Civ. Code La. art. 2117. Also a clause in a statute declaring a penalty for a violation of the preceding clauses.—Penal laws. Those which prohibit an act and impose a penalty for the commission of it. 2 Cro. Jac. 415. Strictly and properly speaking, a penal' law is one imposing a penalty or punishment (and properly a pecuniary fine or mulct) for some offense of a public nature or wrong com mitted against the state. Sackett v. Sackett 8 Pick. (Mass.) 320; Kilton v. Providence Tool Co., 22 R. I. 605. 48 Atl. 1039; Drew v. Rus sell, 47 Vt. 252; Nebraska Nat. Bank v. Walsh, 68 Ark. 433, 59 S. W. 952, 82 Am. St Rep. 301. Strictly speaking, statutes giving a private action against a wrongdoer are not pe nal in their nature, neither the liability imposed nor the remedy given being penal. If the wrong

PEDONES.

Foot-soldiers.

PEERAGE. The rank or dignity of a peer or nobleman. Also the body of nobles taken collectively. PEERESS. A woman who belongs to the nobility, which may be either in her own right or by right of marriage. PEERS. In feudal law. The vassals of a lord who sat in his court as judges of their co-vassals, and were called "peers," as being each other's equals, or of the same condition. The nobility of Great Britain, being the lords temporal having seats in parliament, and including dukes, marquises, earls, vis counts, and barons. Equals; those who are a man's equals in rank and station; this being the meaning in the phrase "trial by a jury of his peers." PEERS OF FEES. Vassals or tenants of the same lord, who were obliged to serve and attend him in his courts, being equal in function. These were termed "peers of fees," because holding fees of the lord, or because their business in court was to sit and judge, under their lords, of disputes arising upon fees; but, if there were too many in one lord ship, the lord usually chose twelve, who had the title of peers, by way of distinction; whence, it is said, we derive our common juries and other peers. Cowell. PEINE FORTE ET DURE. L. Fr. In old English law. A special form of punish ment for those who, being arraigned for fel ony, obstinately "stood mute;" that is, re fused to plead or to put themselves upon trial. It is described as a combination of solitary confinement, slow starvation, and crushing the naked body with a great load of iron. This atrocious punishment was vulgarly called "pressing to death." See 4 Bl. Comm. 324-328; Britt. cc. 4, 22; 2 Reeve, Eng. Law, 134; Cowell. FELES. Issues arising from or out of a thing. Jacob. PELFE, or PELFRE. Booty; also the personal effects of a felon convict. Cowell. PELLAGE. The custom or duty paid for skins of leather. PELLEX. Lat. In Roman law. A con cubine. Dig. 50, 16, 144. PELLICIA. A pilch or surplice. Spel man. PEIiIiIPARITJS. A leather-seller or skin ner. Jacob. PELA. A peal, pile, or fort. Cowell.