Page:Black's Law Dictionary (Second Edition).djvu/876

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PACTA DANT LEGEM

to with a fraudulent design are in all re- SPECT‘ |‘0 he observed. Cod. 2, 3, 3!); Broom, Max. (‘'18, ““’

I u...

Pacta. dank legem contractui. Hob. 118. The supulations of parties constitute the law of the contract.

Pnctn pr.-lvnta juri publico derogare non pouuut. 7 Coke. 23. Private enm- |-ir-ts cannot derogate from public right.

Pactn qua: contra. leges constitutinnesque, vel contra. bonus mares finnt, nullazn vim linbere, indubitati juris est. '.lhnt contracts which are made against law or against good Luoxals have no force is a principie or undoubted law. God. 2, 3, 6.

Pnotn qua: turpem causnm continent mm aunt ohservanda. Agreements founded upon an immornl consulerntinn are not to be olxserud. Dig. 2, 14, 27, 4; Broom. Max. 7323.

PACTIO. Lot In the civil law. A bargaining or agreeing of which pactum (the a,-zrecnxent Itscif) was the result. Calvin. lt is used, however, as the synonym of "poctmn."

PACTIONAL. Relating to or generating an agreement; by way of bargain or cove- nant

I-‘ACTIONS. In international law. Contracts between nations which are to be performed by a single act, and of which execution is at an end at once. 1 Bouv. Inst. no. 100.

Pectin pr-ivatn1'u.|n juri publino non derogatur. Private contracts do not derogate from public law. Broom, Max. 695

PACTITIOUS. Settled by covenant

I-‘acto aliquofl. licitum est, quod line pnuto non ndmittltnr. C0. Litt. 166. By special agreement things are allowed which are not otherwise permitted.

PACTUM. Lat. In the civil law. A pact. An agreement or convention without sp-tcific name, and without consideration, nhuh, however. might, in its nature, pro- duce a civil ohiigation. Helnecc. Eiem. lib. 3, tit. 14, § 775.

In Roman law. With some exceptions, those agreements that the law does not di- rettiy enforce, but which it recogniz only as a raiid ground of defense, “ere called "pnrm." Those agreements that are en- fox mil, in other Words, are supported by actinus, are (allied "contrac'tus.” The exceptiuns ute few, and belong to a late period. Ilnnter, Rom. Law, 546.

--Nutluzn pnetnm. A bare or naked pact or agreement; I. promise or undertaking made

868


PAlRlNG—OFF‘

without any consideration for it, and there rtut which a person appointed to his 0 tain day or a certain time at which h pr to pay; or an agreement by wlfaen a p ' promises to par a creditor. Wlm tum de non nlienando. A pact nr y binding the owner of property uuu: In it, intended to protect the inteluli g( u , pnrticularly an agreement by tlc v v ' of real estate that be will not marl-for II to a third person until after Eflua min mortgz-re. See ]\{£u‘l\'0l(l. Rom. L.-11¢ Paotutn de non petendn. In the An agreement not to sue. A si-pb -« ' a credit-r promku the nnt enrol-xe his claim. ‘A . § 5-12 —Pnctnm do quota In the civil law. An a_gI‘eemcnt by \\ cr:-rlitur promised to pay a pnrfinli lit a diflir nit to recover to a person who an ‘ recover it. “'harton.

PADDI-ZR. A robber; 1 foot high“

man ; a foot-pad.

PAJJDOCK. A small intlosure for -‘ or other animals.

PAGA. In Spanish law. Payment. - Partnlas, pt. 5, tit 14, l. 1. Puyautnln, H isfaction.

PAGARCHUS. A petty magistrate of pupils or iittle district in the country.

PAGODA. A gold or silver coin, or scv eral kinds and vniues, lorlnerly cnrient l India. It was valued, at the United States custom-house, at $1.94.

PAGIIS. A county. Jacob.

PAIN‘!-1 FORTE 1-1'1‘ DUKE. See Prim Foe-re arr Duns.

PAINS AND PENALTIES, BILLS 01‘. The name given to acts of parliament to attaint particular persons of treason or felony. or to hiilict pains nnd penalties beyond or contrary to the common law, to serve a spe cinl purpose. They are in fact new laws, made pro re nata.

PAINTINGS. It is held that colored imitations of rugs and carpets and coiored working designs, each of them vainahie and designed by skilied persons and hand painted, but having no value as works of art, are not “paintings.” within the meaning of that term as used in a statute on the liability at carriers. 3 Ex. Div. 121.

I-‘A1‘R.l'NG-OFF. In the practice of leg- islative bodies, this is the name given to I species of negative proxies, by nhich two members, who belong to opposite parties or are on opposite sides with regard to a given question, mutually agree that they will both be absent from voting, either for a specified period or when a division is had on the particular question. By this mutual agreement

a vote is neutralized on each side of the