Page:Black's Law Dictionary (Second Edition).djvu/974

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


Va. 375, 478 Am. Rep. 398; McMillan v. Harris, 110 Ga. 72, 35 S. E. 334-, 48 Li. R. A. 345, 78 Am. St. Rep. 93.

PUIS. since.

—Pui'.s durreiu continuance. Since the last continuance. The name of a plea which a defendant is allowed to put in, after having al- ready pleaded, where some new matter of defense arises after issue joined; such as pay- ment. a release by the piaiiitilii, the discharge of the defendant under an insoivcnl or huuhrupt law, and the like. 3 Bl. Comm. 316; 2 Tidd, Pr. 847; Chattanooga v. I\eeiy, 97 Tenn. 527, 37 S. W, 281; Waterbury v. liici\iilian, -1-6 Miss. 640; Wood.s v. Wb.ite, ‘.17 Pa. 227.

In law French. Afterwards;

PUISNE. associate.

The title by which the justices and barons oi the several common-law courts at West- minster are distinguished from the ciiief justice and chief baron.

-L. Fr. Younger; subordinate:

PUISSANCE PATERNELL]-I. hr. Pat, power. in the French law, the male parent has the following rights o\'er the person of his child: (1) if child is under sixteen years of age, he may procure him to be imprisoned for one month or under. (2) If chlid 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 imprisonment. The female parent, being a widow, may, with the approval of t.he two nearest relations on the father's side, do the like. The patent enjoys also the iollowing 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 maintaining 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 written or printed document into sentences by means of periods; and of sentences into smaller divisions by means of commas. semicolons, colons, etc.

PUNCTUM TEMPORIS. Lot. A point of time; an i.ll(l_iViSibie period of time; the shortest space of time; an instant. Calvin

PIJNCTURED WOUNTD. In medical ju- rlspruilence. A wound made by the insertion liito 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 oifense of breaking a. pound ’l‘he iliegal taking of cattle out of a pound by any means whatsoever. Cowell.



PUNDIT. An interpreter of the Hindu law; a learned Bmhmin.

PUNISHABLE. Liable to punishment. whether absolutely or in the exeicise of a Ju- dicial discretion.

PUNISHMENT. In criminal law. Any

pain, penalty, suffering, or confinement in- iilcted upon a person by the authaiity of the law and the judgment and sentence of I court, for some ciime or offense cuniiuiiied by him, or for his omission of a duty ci.uoiu- ed by law See Cummings v. Missouri, 4 Wall. 320, 18 L. Ed. 356; Featheistone v. People, 19-1 Ill. 52-3, 62 N. E. 68-1; Ex D811! Howe. 26 Or. 181, 37 Pac. 536; State v. Grant, 79 M0. 123, 49 Am. Rep. 218. —cruel and unusual punishment. Sud: punishment as would amount to turtuie or bar- harity, and any cruei and degrading punishment not known to the common hiw, and also any punishment so disproportionate to the offense as to shock the sense of the coiniounity. in re Bayard, 25 Hun (N. Y.) 5-ii}: State v. Driver. 8 N. C. 425; in re Kcmmier, l36 U. 51. 436, 10 Sup. Ct. 930, 34- L. Bil. Till); \\’i|I:crson \. Utah, 5)!) U. S. 130, 25 L. Ed. 343; Sun v. Williams. 77 Mo. 310; i\icDun.-ild v. Com. 173 \i-ass. 322. 2'»; I\'. E. 874. 73 Am. St. It(-‘.. 293; i'i:opie 1'. Morris, so Mich. 635, 45 N. \i 591. 8 L. It. A. 1:85.

PUNITIVE. Relating to punishment; having the character of punishment or penalty; inilicting punishment or a penalty. —Punitiva damages. See DAM.AGES.—Piinitive power. The power and authority of a state, or organized jurai society, to inlllct pun- ishincnts upon those persons who have commit ted actions inhcrently evil and iujuiious to Inc public, or actions declared by the ions of that state to be sanctioned with punishments.

PUPIL. In the civil law. One who is in his oi- her minority. Particularly, one who is in uard or guardianship.

PUPILLARIS SUBSTITUTIO.}} Lat. In the civil law. Pupiliar substitution, the substitution of an heir to a pupil or iuiiiit under puberty. The substitution by a father of an heir to his children under his power, disposing of his own estate and theirs. is case the chihl refused to accept the inherit- ance, or died before the age of pulieity Hallifax, Civil L8’W. b. 2, c. 6, no. 04.

PUPILLARITY. In Scotch law. That period of minority from the to the age of fourteen in males, and twelve in females. Beli.

PUPILLUS. Lat. In the civil law. A ward oi- infant under the age of puberty; a person under the authority of a tutor, (q. 1'.)

Pupillun pati passe non intelligitur. A pupli or infant is not supposed to be able to suffer, i. 6., to do an act to his own prej-

udice. Dig. 50, 17, 110, 2.