KFLCC Kingdom Law 2nd Ed.

905

PLEDGE

PLEADINGS

the patricians and senators,) at the request or on the proposition of a plebeian magis trate, such as a "tribune." Inst 1, 2, 4. PLEBS. Lat. In Roman law. The com monalty or citizens, exclusive of the patri cians and senators. Inst. 1, 2, 4. PLEDABLE. L. Fr. That may be brought or conducted; as an action or "plea," as It was formerly called. Britt c. 32. PLEDGE. In the law of bailment A bailment of goods to a creditor as security for some debt or engagement A bailment or delivery of goods by a debtor to his cred itor, to be kept till the debt be discharged. Story, Bailm. § 7; Civ. Code La. art 3133; 2 Kent Comm. 577; Stearns v. Marsh, 4 Denio (N. Y.) 229, 47 Am. Dec. 248; Sheridan v. Presas, 18 Misc. Rep. 180, 41 N. Y. Supp. 451; Bank of Rochester v. Jones, 4 N. Y. 507, 55 Am. Dec. 290; Eastman v. Avery, 23 Me. 250; Belden v. Perldns, 78 111. 452; Wil cox v. Jackson, 7 Colo. 521, 4 Pac. 966; Glou cester Bank v. Worcester, 10 Pick. (Mass.) 531; Lilienthal v. Ballou, 125 Cal. 183, 57 Pac. 897. Pledge is a deposit of personal property by way of security for the performance of anoth er act. Civ. Code Cal. § 2986. The specific article delivered to the cred itor in security is also called a "pledge" or "pawn." There is a clear distinction between mortgages and pledges. In a pledge the legal title remains in the pledgor; in a mortgage it passes to the mortgagee. In a mortgage the mortgagee need not have possession; in a pledge the pledgee must have possession, though it be only con structive. In a mortgage, at common law, the property on non-payment of the debt passes wholly to the mortgagee; in a pledge the prop erty is sold, and only so much of the proceeds as will pay his debt passes to the pledgee. A mortgage is a conditional conveyance of prop erty, which becomes absolute unless redeemed at a specified time. A pledge is not strictly a con veyance at all, nor need any day of redemption be appointed for it. A mortgagee can sell and deliver the thing mortgaged, subject only to the right of redemption. A pledgee cannot sell and deliver his pawn until the debt is due and payment denied. Bouvier. There are two varieties of the contract of pledge known to the law of Louisiana, viz., pawn and antichresis; the former relating to chattel securities, the latter to landed se curities. See Civ. Code La. art 3101; an* see those titles. —Pledges of prosecution. In old English law. No person could prosecute a civil action without having in the first stage of it two or more persons as pledges of prosecution; and; if judgment was given against the plaintiff, or he deserted his suit, both he and his pledges were liable to amercement to the king pro falso cla more. In the course of time, however, these pledges were disused, and the names of ficti tious persons substituted for them, two ideal Eersons, John Doe and Richard Roe, having ecome the common pledges of every suitor; and now the use of such pledges is altogether

language, the adroit and plausible advocacy of a client's case in court. Stimson, Law Gloss. PLEADINGS. The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judg ment of the court. Code Civ. Proc. Cal. S 420. The Individual allegations of the respec tive parties to an action at common law, proceeding from them alternately, in the order and under the distinctive names following: The plaintiff's declaration, the defendant's plea, the plaintiff's replication, the defendant's rejoinder, the plaintiff's sur rejoinder, the defendant's rebutter, the plaintiffs surrebutter; after which they have no distinctive names. Burrill. The term "pleadings" has a technical and well-defined meaning. Pleadings are written allegations of what is affirmed on the one side, or denied on the other, disclosing to the court or jury having to try the cause the real matter in dispute between the parties. Desnoyer v. Hereux, 1 Minn. 17 (Gil. 1). PLEBANTTS. In old English ecclesiastic al law. A rural dean. Cowell. PLEBEIAN. One who is classed among the common people, as distinguished from the nobles. PLEBEITY, or PLEBITY. The com mon or meaner sort of people; the plebeians. PLEBEYOS. In Spanish law. Com mons; those who exercise any trade, or who cultivate the soil. White, New Recop. b. 1, tit. 5, c. 3, § 6, and note. PLEBIANA. In old records. A mother church. PLEBISCITE. In modern constitutional law, the name "plebiscite" has been given to a vote of the entire people, (that is, the aggregate of the enfranchised Individuals composing a state or nation,) expressing their choice for or against a proposed law or en actment, submitted to them, and which, If adopted, will work a radical change in the constitution, or which is beyond the powers of the regular legislative body. The pro ceeding is extraordinary, and is generally revolutionary > in its character; an example of which may be seen in the plebiscites sub mitted to the French ,people by Louis Na poleon, whereby the Second Empire was es tablished. But the principle of the plebis cite has been incorporated in the modern Swiss constitution, (under the name of "ref erendum,") by which a revision of the con stitution must be undertaken when demand ed by the vote of fifty thousand Swiss citi zens. Maine, Popular Govt 40, 96. PLEBISCITUM. Lat In Roman law. A law enacted by the plebs or commonalty, (that Is, the citizens, with the exception of