KFLCC Kingdom Law 2nd Ed.

PUIS

966

PUPILLUS PATI POSSE

Va. 375, 48 Am Rep. 398; McMillan v. Har ris, 110 Ga. 72, 35 S. E. 334, 48 L. R A. 345, 78 Am. St Rep. 93. PUIS. In law French. Afterwards; since. —Puis darrein continuance. Since the last continuance. The name of a plea which a de fendant is allowed to put in, after having al ready pleaded, where some new matter of de fense arises after issue joined; such as pay ment, a release by the plaintiff, the discharge of the defendant under an insolvent or bankrupt law, and the like. 3 Bl. Comm. 316; 2 Tidd, Pr. 847: Chattanooga v. Neely, 97 Tenn. 527, 37 S. W. 281; Waterbury v. McMillan, 46 Miss. 640; Woods v. White, 97 Pa, 227. PUISNE. L. Fr. Younger; subordinate; associate. The title by which the justices and barons of the several common-law courts at West minster are distinguished from the chief jus tice and chief baron. PUISSANCE PATERNELLE. Fr. Pa ternal power. In the French law, the male parent has the following rights over the per son of his child: (1) If child is under six teen years of age, he may procure him to be imprisoned for one month or under. (2) If child is over sixteen and under twenty one he may procure an imprisonment for six months or under, with power in each case to procure a second period of imprison ment. The female parent, being a widow, may, with the approval of the two nearest relations on the father's side, do the like. The parent enjoys also the following rights over the property of his child, viz., a right to take the income until the child attains the age of eighteen years, subject to main taining the child and educating him in a suitable manner. Brown. PULSARE. Lat. In the civil law. To beat; to accuse or charge; to proceed against at law. Calvin. PULSATOR. The plaintiff, or actor. PUNCTUATION. The division of a writ ten or printed document into sentences by means of periods; and of sentences into smaller divisions by means of commas, semi colons, colons, etc. PUNCTUM TEMPORIS. Lat A point of time; an indivisible period of time; the shortest space of time; an instant. Calvin. PUNCTURED WOUND. In medical ju risprudence. A wound made by the inser tion into the body of any instrument having a sharp point. The term is practically syn onymous with "stab." PUNDBRECH. In old English law. Pound-breach; the offense of breaking a pound. The illegal taking of cattle out of a pound by any means whatsoever. CowelL

PUNDIT. An interpreter of the Hindu law; a learned Brahmin. PUNISHABLE. Liable to punishment whether absolutely or in the exercise of a ju dicial discretion. PUNISHMENT. In criminal law. Any pain, penalty, suffering, or confinement in flicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoin ed by law. See Cummings v. Missouri, 4 Wall. 320, 18 L. Ed. 356; Featherstone v. People, 194 111. 325, 62 N. E. 684; Ex parte Howe, 26 Or. 181, 37 Pac. 536; State v. Grant 79 Mo. 129, 49 Am. Rep. 218. —Cruel and unusual punishment. Such punishment as would amount to torture or bar barity, and any cruel and degrading punishment not known to the common law, and also any punishment so disproportionate to the offense as to shock the moral sense of the community. In re Bayard, 25 Hun (N. Y.) 546; State v. Driv er, 78 N. C. 423; In re Kemmler, 136 U. S. 436, 10 Sup. Ct. 930, 34 L. Ed. 519; Wilker son v. Utah, 99 U. S. 130, 25 L. Ed. 345; State v. Williams, 77 Mo. 310; McDonald v. Com., 173 Mass. 322, 53 N. E. 874, 73 Am. St Rep. 293; People v. Morris, 80 Mich. 638, 45 N. W. 591, 8 L. R, A. 685. Relating to punishment; having the character of punishment or pen alty ; inflicting punishment or a penalty. —Punitive damages. See DAMAGES.—Puni tive power. The power and authority of a state, or organized jural society, to inflict pun ishments upon those persons who have commit ted actions inherently evil and injurious to the public, or actions declared by the laws of that state to be sanctioned with punishments. PUPIL. In the civil law. One who is in his or her minority. Particularly, one who Is in ward or guardianship. Lat In the civil law. Pupillar substitution; the substitution of an heir to a pupil or infant under puberty. The substitution by a father of an heir to his children under his power, disposing of his own estate and theirs, in case the child refused to accept the inherit ance, or died before the age of puberty. Hal lifax, Civil Law, b. 2, c. 6, no. 64. PUPHXARITY. In Scotch law. That period of minority from the birth to the age of fourteen in males, and twelve in females. Bell. PUPIIXUS. Lat. In the civil law. A ward or infant under the age of puberty; a person under the authority of a tutor, (q. v.) Pupillus pati posse non intelligitur. A pupil or infant is not supposed to be able to suffer, i. e., to do an act to his own prej udice. Dig. 50, 17, 110, 2. PUNITIVE. PUPILLARIS SUBSTITUTIO.