Page:Black's Law Dictionary (Second Edition).djvu/895

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PENAL

alone is to the individual, the law giving h.im 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. Attriii, 146 U. S. 657. 13 Sup. Ct. 224, 36 L. Ed. 1.123: Diversey v. Smith. 103 Ill. 390, 42 Am. Rep. 14: fiiliiiuin v. ll-Irkbard, 41 Misc. Rep. 3L1. 84 N. Y. Supp. 825: People v. Common C0|.ilJlii of Bay City, 36 Mich. 1S').—Pennl servitude, in English criminal law, is a punishment vshich |.l7DSiSlS in keeping an olfender in confinement, and compelling him to lahor. Steph. Crim. Dig. ‘.’.—-Penal statutes. see “rmmzl lrwgs." supra. —Penn1 sum. A sum agreed upon in a bond, to be forfeited if the condition of the bond is not fulfilled.

PENALTY. 1. The sum of money which the oi-ligor of a bond undertakes to pay by may 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 in less sum. It is conditional, and can be avoided by tile pay- ment of the less sum before the ((ll.itIl.lg(:'i.l(.:y agreed upon shall hnppen. By what name it is called is immaterinl. Henry V. Thompson, Mi- nor (Ala.) 209. 227.

2. A punishment; a puiilshiuent imposed by statute as a consequence of the commission of a certain specified offense. Lancaster v. Richardson, 4 Laos. (N. Y.) 136; Peo- ple v Nedrow, 122 Ill. 363, 13 N. E. 533; inn-i. v. Chicago. etc.. R. Co. (0. C.) 37 Fed. 497. 3 L. R. A. 554.

The terms “iine.' ‘forfciture." find "penalty" are often used loosely, and even confusedlyt lint, when a discrimination is made, the word ‘nenuit_v" is fnund to be eneric in its charac- l'I'. including both flne an forfeiture. A '‘line’’ It! 11 pccnniary penalty, and is commonly (per- haps alwavsi to be collected by suit in some form A "forfrziture" is a penalty _lly which one loses his rights and interest in his properry Gosseiink v. Campbeil, 4 Iowa, 300.

3. The term also denotes money recover- able by virtue of a stzitute imposing ii. pay- ment by way of punishment.

PENANCE. In ecclesiastical luw. An ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense. Ari. Par 420.

Pl-IND]-ZNCY. Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and before Llie final disposition of it.

PENJJENS. Lat. dens, a pending suit.

Pending; as its pen-

PENDENTE LITE. Lat. Pending the suit; during the actual progress of a suit; during litigation.

Pendente lite nihil innavatur. 00. Litt. 344. During a litigation nothing new should be introduced.

887

PENSION

PENDENTES. In the civil law. The fruits of the earth not yet separated from the ground; the fruits hanging by the roots. Ersk. Inst. 2, 2, 4.

PENDICLE. In Scotch law. parcel of ground.

A piece or

PENDING. Begun, but not yet compieted: unsettled; undetermined; in process of settlement or adjustment. Thus, an action or suit is said to be “pending" from its inception until the rendition of final jud,.,- ment. Wentworth v Farnilngton, 48 N. H. 210; Mauney \'. Peniherton. 75 N. C. 221; Ex parte Mumford, 57 M0. 603.

PENETRATION. A term used in criminal 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 complete without proof of emission. Brown.

PENITENTIARY. A prison or place of punishment; the place of punishment in which convicts sentenced to confineiiient and hard labor are conflned by the authority of the law. Miilar 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-tour grains, or one-twentieth part of an ounce.

PENSAM. The full weight of twenty ounces.

PENSIO. Lat. In the civil law. Apa_v- ment, properly, for the use of a thing. A rent; 11 payment for the use and occupation of anoLlier's house.

PENSION. A stated allowance out or the public treflsliry grnnted iiy government to an individual, or to his representatives. for his valuable services to the country, or in compensation for loss or daninge sustained ivy him in the pnhlic service. Price v. Society for Savings. 64 Conn. 362, 30 Ati. 135), 42 Am. St. Rep. 198: i\Ia.nning v. Spry, 121 Iowa, 191, 96 N. W. 873: Frlshie 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 nienilier 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.

-1-‘ension of churches. In English ecclesi-

asfimi law. Certain sum of money paid to