Page:Black's Law Dictionary (Second Edition).djvu/891

This page needs to be proofread.

PAVAGE to make compensation. Inst. 4, 9; Mackeld. Rom Law, § 510.

PAVAGE. Money paid towards paving the streets or highways.

PAVE. To pave is to cover with stones or thick, or other suitable material, so as to make a level or convenient surface for horses, carriages, or foot-passengeis, and a sidewalk is pa\e<l \\ hon it is laid or flagged with flat shoes, as "oil as when paved with brink, as is frequently’ done. In re Phillips. 60 N. Y. 2:; Bueli v. Ball, 20 Iowa, 2822; Harrisburg V. Segelhaiim. 151 .[’a. 172, 24 Atl. 1070, 20 L. R A. SH.

‘PAWN, v. To deliver personal property to another in pledge, or as security for a debt or sum borrowed.

PAWN, n. A bailment of goods to a cred- itor, as security for some debt or engagement: a pledge. Story, Bailm. 5 7; Coggs v. Bernard, 2 Ld. Raym. 913; Barrett v. Cole, 49 N. C. 40; Surher v. Mcollntic, 10 W. Va. 2-i2; Conimerc-ial Bank v. Flowers, 1.16 Ga. 219, 42 S. E. -17-1.

Pann, or pledge. is a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged. Wharton.

Also the specific chattel delivered to the creditor in this contract.

in the law of Louisiana, pawn ls kI1OWB as one species of the contract of pledge, the other being artliohrea-is; but the word "pawn" is soul-times used as synonymous with "pledge_." including both species. Oiv. Code La. art.

PAWNEROKER. A person whose busi- ness is to lend money, usually in small sums, on security of personal property deposited with him or left in pawn. Little Rock v. Burton, 3:! Ark. 444; Schanl v. Charlotte. 118 N. C. 733, 24 S. E. 526; Chicago v. Hulbert, 113 I11. 632, 8 N. E. 812, 59 Am. Rep. 400.

Whoever loans money on deposit or pledges of personal property, or who purchases personal propeity or choses in action, on condition of selling the same back again at a stip- ulated price, is hereby defined and declared to be a pawnbroker. Rev. St. Ohio ISSO. 5 4387. See, also, 1-1 U. S. St. at Large, 116.

PAWNEE. The person receiving a pawn, or to whom a pawn is made; the person to whom goods are delivered by another in pledge.

PAWNOR. The person pawning goods or delivering goods to another in pledge.

PAX ECCLESIIE. Lat. In Old English law. The peace of ,the church. A particuiar privilege attached to a church; sanctuary, (q. 1).) Crabb, Eng. Law, 41; Goweli.

883

PAYMENT

PAX REGIS. Lot. The peace of the king; that is, the peace, good order, and security for life and property which it is one of the objects of government to maintain, and which the king, as the personification of the power of the state. is supposed to guaranty to all persons within the protection of the law.

This name was also given. in ancient times. to a Certain privileged district or sanctuary. The par rr-gis, or verge of the court, as it was afterwards called, extended from the palace- gate to the distance of three miles, three fur- longs, three at res, nine feet, nine palms, and nine hnrleycorns. Crabb. Eng Law, -11.

PAY. To pay is to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance, by which the debt is discharged. Beals v. Home Ins. Go., 36 N. Y. 522.

PAYABLE. A sum of money is said to be payable when a person is under an obligation to pay it. "Payable" may therefore signify an obligation to pay at a future time, but, when used without qualification, "pay- abie" means that the debt is payable at once, as opposed to "owing." Sweet. And see First Nat. Bank v. Greenvilie Nat. Bank, 84 Tex. 40, 19 S. W. 334; Enston v. Hyde, J3 Minn. 91 (Gil. S3).

PAY]-:1-1. In mercantile law. The person in whose favor a hill of exchange. promissory note, or check is made or drawn; the person to whom or to whose order a bill,

note, or check is made payable. 3 Kent, Comm. T3. PAY]-IR, or PAYOR. One who pavs,

or who is to make a payment: partlcularly the person who is to make payment of a tall or note. Correlative to "payee."

PAYMASTER. An officer of the army or navy whose duty is to keep the pay-accounts and pay the wages of the offic-ers and men. Any othtiai charged with the disbursement of public money.

—Paymnster general. In English law. The officer who makes the \arious payments out of the public money required for the dim-rent departments of the state by issuing drafts on the Bank of England. Sweet. In American law, the office! at the head of the pay corps of the army is so called. . so the naval officer bohllng corresponding office and rank with reference to the pay department of the navy.

PAYMENT. The performance of a duty, promise, or obligation, or discharge of a debt or liability, by the delivery of money or other value. Also the money or other thing so delivered. Brady v. " asson, G rleisk. (Tenn. ) 135; Blomlworbh v. Jacobs. 2 La. Ann. 2-1; Root v. Kelley. 39 Misc. Rep. 530. 80 N. Y. Supp. 482; llioniton v. Robisou, 2'4‘ N‘. H. 55-}: Clay v. Lakenan. 10] .\io. App. -3, 7-4 S. W. 391; Clafiln v. Continental "lurks, 85