Page:Black's Law Dictionary (Second Edition).djvu/896

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PENSION

clergyman in lieu of tithes. A spiritual person may sue in the spiritual court for a pension oiiginnlly granted and confirmed by the ordinary, hill, where it is granted by it temporal person to a clerk. he cannot; as, if one grant an Rliflllit_l' to a parson, he must sue for it in the temporal collrls Cro. 1"‘liz. (i’i'."i.—1-‘ension writ. A per-Lmptory order against a member of an inn of court who is in rurbar for his pensinns, (that is, for his periodical dues.) or for other duties. Cuwrll.

PENSIONER. One who is supported by an alloiiance at the will of another; a dependent. It is usually applied (in a pub- lic sense) to those who receive pensions or annuities from government, who are chief- ly such as have retired from places of honor and emolument. Jacob.

Persons making periodical payments are sometimes so called. Thus, resident undergraduates of the university of Camhrirlge, Who are not on the foundation of nny college, are spoken of as “pensioners." lilozley & Whitley.

PENT-ROAD. at its ternniiai points. comb, 40 Vt. 41.

A road shut up or closed Wolcott v. Whit-

PENTECOSTALS. In ecclesiastical law. Pious oblntions made at the feast of Pentecost by parishioners to their priests, and sometimes by inferior churches or parishes to the principal motber cburches. They are also called “Whitsun farthings." Wharton.

PEON. In Mexico. A debtor held by his creditor in a qualified seri itude to work out the debt; a serf. iVehster.

In India. A footnian: a soldier; an in- ferior othcer; a servant employ cd in the business of the revenue, police, or Judicature.

PEONAGE. The state or condition of a neon as above defined; a condition of en- forced servitude, by which the servitor is restrained of his liberty and compelled to labor in liquidation of some debt or obligation, real or pretended. against his will. Peonage Cases (D. C.) 123 Fed. 671; In re Lewis (G. C.) 114 Fed. 963; U. S. v. McClellan (D. C.) 12.‘ Fed. 971; Rev. St. U. S. 5 5520 (U. s. Comp. St. 1901, p_ 3715).

PEONIA. In Spanish-American law. A lot of land of fifty feet front, and one hundicd feet deep. Originally the portion granted to foot-soldiers of spoils taken or lands collqiiered in war.

PEOPLE. A state; as the people of the

'siate of New York. A nation in its collect-

ivc and political capacity. lVcsbitt v. Lush- lnnton. 4 Term R. 7&1: U. S. v. Quincy, 6 Pet. 407, 8 L. Ed. 45 ; U. S. v. Trumbull (D. 0.) 48 Fed. 99. In a more restricted sense, and as generally used in constitutional law, the entire body of those citizens of

888

PER AND CUI

a state or nation who are ininn‘ political power for political put is, the qualified Voters or electors Koehler v. Hill, 60 Iowa, 543, 15 N. W. Drcd Scott v. Sandford. 19 How. 404, L. Ed 691; Boyd v. Nebraska. 1-3.". U- 135, 12 Sup. Ct. 375. so L. Ed. 103: V. Jacob, 88 Kv. 502. 11 S. W. 513; i. V. Counts, 80 Cal 15. 26 Pac 612: ilfllr Ridgely, 41 Mo. 63, 97 Am. Dec. 2-L: B’ erly v. Sabin, 20 Ill. 357; In re lnl.-nu“ of State Debts, 19 R. I. 610, 37 Atl. 14.

The word "people" may have various .1 Lions l1L‘(fIl(lil.lg to the connection in Wllilli Q used. When we spc. ‘r of the r1.-hts of the pie, or of the gnveriinicnt of Lhn people by K or of the pnople as a non-political aggrg '1. Q mean all the inhabitants of the stare oi without distinction as to sex, age, or oih But when reference is made to the pvpk an the repository of sovereignty, or as the source of governmental power, or to popular prem- ment, we are in fact speaking of ii’. it seiechd and limited class of citizens to whom the (Hi- stitution accords the elective franchise nnd the right of srticipalinn in the ollices of govem- ment. B ack, Coast. Law (3d Ed.) in. 30.


PEPPERCORN. A dried berry of the black 1l('[ipel'. In English law, the reservation of I1 merely nominal rent. on a lease. is sometimes exprassed by a stipulation for the payment of a peppercorn.

PIER. Lat. By. When a writ of entry is sued out against the alienee of the orig- inal intruder or disst-isor, or against bis heir to whom the land has descended. it is said to be brought "in the per," because the iirlt then states that the tenant had not entry but by (per) the original wrong-doer. 3 Bl. Comm. 181.

PER E5 E1‘ LIBIIAM. Lat. In Roman law. The sale per ms at tibmm (with copper and scales) was a ceremony used in transferrliig res mancipt, in the emancipation of a son or slave, and in one of the forms of making a will. The parties having assembled, with a number of witnesses, and one who held a balance or scales, the purchaser struck the scales with a copper coin, repeating a formula by which he claimed the sub ject-matter of the transaction as his prop- erty, and handed the coin to the vendor.

PER ALLITVIONEM. Lat. In the civil law. By alliiiion, or the gradual and imperceptible increase arising trom deposit by water.

Per allnvionem iii videtnr ndjici quad. its paulatim i1i1jicit'i1r Int intelligere non poiisnmus quantum qnoqno momenta tempuris n.d,iici.atnr. That is said to he added iiy :-'liivion which is so adileil little by little that We cannot tell how much is added at any one moment of time. Dig. 41, 1, 7, 1; Fleta, 1. 3, c. 2, § 6.

PER AND 0111. When a writ at entry

is brought against a second alienee or de-