KFLCC Kingdom Law 2nd Ed.

887

PENAL

PENSION

done is to the individual, the law giving him a right of action is remedial, rather than penal, though the sum to be recovered may be called a "penalty" or may consist in double or treble damages. See Huntington v. Attrill, 146 U. S. 657, 13 Sup. Ot. 224, 36 L. Ed. 1123; Diver sey v. Smith, 103 111. 390, 42 Am. Rep. 14: Oullinan v. Bnrkhard, 41 Misc. Rep. 321, 84 N. T. Supp. 825; People v. Common Council of Bay City, 36 Mich. 189.— Penal servitude, in English criminal law, is a punishment which consists in keeping an offender in confinement, and compelling him to labor. Steph. Crim. Dig. 2.— Penal statutes. See "penal laws" supra. —Penal sum. A sum agreed upon in a bond, to be forfeited if the condition of the bond is not fulfilled. PENAI/TY. 1. The sum of money which the obligor of a bond undertakes to pay by way of penalty, in the event of his omitting to perform or carry out the terms imposed upon him by the conditions of the bond. Brown; Tayloe v. Sandiford, 7 Wheat. 13, 5 L. Ed. 384; Watt v. Sheppard, 2 Ala. 445. A penalty is an agreement to pay a greater sum, to secure the payment of a less sum. It is conditional, and can be avoided by the pay ment of the less sum before the contingency agreed upon shall happen. By what name it is called is immaterial. Henry v. Thompson, Mi nor (Ala.) 209, 227. 2. A punishment; a punishment imposed by statute as a consequence of the commis sion of a certain specified offense. Lancas ter v. Richardson, 4 Lans. (N. Y.) 136; Peo ple v. Nedrow, 122 111. 363, 13 N. E. 533; Iowa v. Chicago, etc., R."Co. (C. C.) 37 Fed. 497, 3 L. R. A. 554. The terms "fine," "forfeiture," and "penalty" are often used loosely, and even confusedly; but, when a discrimination is made, the word "peDalty" is found to be generic in its charac ter, including both fine and forfeiture. A "fine" is a pecuniary penalty, and is commonly (per haps always) to be collected by suit in some form. A "forfeiture" is a penalty by which one loses his rights and interest in his proper ty. Gosselink v. Campbell, 4 Iowa, 300. 3. The term also denotes money recover able by virtue of a statute imposing a pay ment by way of punishment. PENANCE. In ecclesiastical law. An ecclesiastical punishment inflicted by an ec clesiastical court for some spiritual offense. Ayl. Par. 420. PENDENCY. Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and be fore the final disposition of it. PENDENS. Lat. Pending; as lis pen dens, a pending suit PENDENTE LITE. Lat. Pending the suit; during the actual progress of a suit; during litigation. Pendente lite nihil innovetur. Co. Litt. 344. During a litigation nothing new should be introduced.

PENDENTES. In the civil law. The fruits of the earth not yet separated from the ground; the fruits hanging bj the roots. Ersk. Inst 2, 2, 4. PENDICLE. In Scotch law. A piece or parcel of ground. PENDING. Begun, but not yet com pleted; unsettled; undetermined; in process of settlement or adjustment Thus, an ac tion or suit is said to be "pending" from its inception until the rendition of final judg ment. Wentworth v. Farmington, 48 N. H. 210; Mauney v. Pemberton, 75 N. O. 221; Ex parte Munford, 57 Mo. 603. PENETRATION. A term used in crim inal law, and denoting (in cases of alleged rape) the insertion of the male part into the female parts to however slight an extent; and by which insertion the offense is com plete without proof of emission. Brown. PENITENTIARY. A prison or place of punishment; the place of punishment in which convicts sentenced to confinement and hard labor are confined by the .authority of the law. Millar v. State, 2 Kan. 175. PENNON. A standard, banner, or ensign carried in war. PENNY. An English coin, being the twelfth part of a shilling. It was also used in America during the colonial period. PENNYWEIGHT. A Troy weight, equal to twenty-four grains, or one-twentieth part of an ounce. PENSAM. The full weight of twenty ounces. PENSIO. Lat. In the civil law. A pay ment, properly, for the use of a thing. A rent; a payment for the use and occupation of another's house. PENSION. A stated allowance out of the public treasury granted by government to an individual, or to his representatives, for his valuable services to the country, or in compensation for loss or damage sustain ed by him in the public service. Price v. Society for Savings, 64 Conn. 362, 30 Atl. 139, 42 Am. St. Rep. 198; Manning v. Spry, 121 Iowa, 191, 96 N. W. 873; Frisbie v. U. S., 157 U. S. 160, 15 Sup. Ct. 586, 39 L. Ed. 657. In English practice. An annual pay ment made by each member of the inns of court Cowell; Holthouse. Also an assembly of the members of the society of Gray's Inn, to consult of their affairs. In the civil, Scotch, and Spanish law. A rent; an .annual rent —Pension of churches. In English ecclesi astical law. Certain sums of money paid to