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BouviersCommonLawDictionaryPt.4

BouviersCommonLawDictionaryPt.4

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Bouvier Law DictionaryPILLAGE. The taking by violence of private property by a victorious armyfrom the citizens or subjects of the enemy. This, in modern times, is seldomallowed, and then, only when authorized by the commander or chief officer,at the place where the pillage is committed. The property thus violentlytaken in general belongs to the common soldiers. See Dall. Dict. Propriete,art. 3, Sec. 5; Wolff, Sec. 1201; and Booty; Prize.PILLORY, punishment. wooden machine in which the neck of the culprit isinserted.2. This punishment has been superseded by the adoption of thepenitentiary system in most of the states. Vide 1 Chit. Cr. Law, 797. Thepunishment of standing in the pillory, so far as the same was provided bythe laws of the United States, was abolished by the act of congress ofFebruary 27, 1839, s. 5. See Baxr. on the Stat. 48, note.PILOT, mer. law. This word has two meanings. It signifies, first, an officerserving on board of a ship during the course of a voyage, and having thecharge of the helm and of the ship's route; and, secondly, an officerauthorized by law, who is taken on board at a particular place, for thepurpose of conducting a ship through a river, road or channel, or from orinto port.2. Pilots of the second description are established by legislativeenactments at the principal seaports in this country, and have rights, andare bound to perform duties, agreeably to the provisions of the several lawsestablishing them.3. Pilots have been established in all maritime countries. After duetrial and experience of their qualifications, they are licensed to offerthemselves as guides in difficult navigation; and they are usually, on theother hand, bound to obey the call of a ship-master to exercise theirfunctions. Abbott on Ship. 180; 1 John R. 305; 4 Dall. 205; 2 New R. 82; 5Rob. Adm. Rep. 308; 6 Rob. Adm. R. 316; Laws of Oler. art. 23; Molloy, B. 2,c. 9, s. 3 and 7; Wesk. Ins. 395; Act of Congress of 7th August, 1789, s. 4;Merl. Repert. h.t.; Pardessus, n. 637.PILOTAGE, contracts. The compensation given to a pilot for conducting avessel in or out of port. Poth. Des Avaries, n. 147.2. Pilotage is a lien on the ship, when the contract has been made bythe master or quasi master of the ship, or some other person lawfullyauthorized to make it; 1 Mason, R. 508; and the admiralty court hasjurisdiction, when services have been performed at sea. Id.; 10 Wheat. 428;6 Pet. 682; 10 Pet. 108; and see 1 Pet. Adm. Dec. 227.PIN MONEY. Money allowed by a man to his wife to spend for her own personalcomforts.2. When pin money is given to, but not spent by the wife, on his deathit belongs to his estate. 4 Vin. Ab. 133, tit'. Baron and Feme, E a. 8; 2Eq. Cas. Ab. 156; 2 P. Wms. 341; 3 P. Wms. 353; 1 Ves. 267; 2 Ves. 190; 1Madd. Ch. 489, 490.3. In the French law the term Epingles, pins, is used to designate thepresent which is sometimes given by the purchaser of an immovable to thewife or daughters of the seller to induce them to consent to the sale. Thispresent is not considered as a part of the consideration, but a purelyvoluntary gift. Diet. de Jur. mot Epingles.4. In England it was once adjudged that a promise to a wife, by thepurchaser, that if she would not hinder the bargain for the sale of thehusband's lands, he would give her ten pounds, was valid, and might beenforced by an action of assumpsit, instituted by husband and wife. Roll.Ab. 21, 22.5. It has been conjectured that the term pin money, has been applied tosignify the provision for a married woman, because anciently there was a taxlaid for providing the English queen with pins. Barringt. on the Stat. 181.PINT. A liquid measure containing half a quart or the eighth part of aPage 1217
 
Bouvier Law Dictionarygallon.PIPE, Eng. laid. The name of a roll in the exchequer otherwise called theGreat Roll. A measure containing two hogsheads; one hundred and twenty-sixgallons is also called a pipe.PIRACY, crim. law. A robbery or forcible depreciation on the high seas,without lawful authority, done animo furandi, in the spirit and intention ofuniversal hostility. 5 Wheat. 153, 163; 3 Wheat. 610; 3 Wash. C. C. R. 209.This is the definition of this offence by the law of nations. 1 Kent, Com.183. The word is derived from peira deceptio, deceit or deception: or frompeiron wandering up and down, and resting in no place, but coasting hitherand thither to do mischief. Ridley's View, Part 2, c. 1, s. 3.2. Congress may define and punish piracies and felonies on the highseas, and offences against the law of nations. Const. U. S. Art. 1, s. 7, n.10; 5 Wheat. 184, 153, 76; 3 Wheat. 336. In pursuance of the authority thusgiven by the constitution, it was declared by the act of congress of April30, 1790, s. 8, 1 Story's Laws U. S. 84, that murder or robbery committed onthe high seas, or in any river, haven, or bay, out of the jurisdiction ofany particular state, or any offence, which, if committed within the body ofa county, would, by the laws of the United States, be punishable with death,should be adjudged to be piracy and felony, and punishable with death. Itwas further declared, that if any captain or manner should piratically andfeloniously run away with a vessel, or any goods or merchandise of the valueof fifty dollars; or should yield up such vessel voluntarily to pirates; orif any seaman should forcible endeavor to hinder his commander fromdefending the ship or goods committed to his trust, or should make revolt inthe ship; every such offender should be adjudged a pirate and felon, and bepunishable with death. Accessaries before the fact are punishable as theprincipal; those after the fact with fine and imprisonment.3. By a subsequent act, passed March 3, 1819, 3 Story, 1739, madeperpetual by the act of May 15, 1820, 1 Story, 1798, congress declared, thatif any person upon the high seas, should commit the crime of piracy asdefined by the law of nations, he should, on conviction, suffer death.4. And again by the act of May 15, 1820, s. 3, 1 Story, 1798, congressdeclared that if any person should, upon the high seas, or in any openroadstead, or in any haven, basin or bay, or in any river where the sea ebbsand flows, commit the crime of robbery in or upon any ship or vessel, orupon any of the ship's company of any ship or vessel, or the lading thereof,such person should be adjudged to be a pirate, and suffer death. And if anyperson engaged in any piratical cruise or enterprize, or being of the crewor ship's company of any piratical ship or vessel, should land from suchship or vessel, and, on shore; should commit robbery, such person should beadjudged a pirate and suffer death. Provided that the state in which theoffence may have been committed should not be deprived of its jurisdictionover the same, when committed within the body of a county, and that thecourts of the United States should have no jurisdiction to try suchoffenders, after conviction or acquittal, for the same offence, in a statecourt. The 4th and 5th sections of the last mentioned act declare personsengaged in the slave trade, or in forcibly detaining a free negro or mulattoand carrying him in any ship or vessel into slavery, piracy, punishable withdeath. Vide 1 Kent, Com. 183; Beaussant, Code Maritime, t. 1, p. 244;Dalloz, Diet. Supp. h.t.; Dougl. 613; Park's Ins. Index, h.t. Bac. Ab. h.t.;16 Vin. Ab. 346; Ayl. Pand. 42 11 Wheat. R. 39; 1 Gall. R. 247; Id. 524 3 W.C. C. R. 209, 240; 1 Pet. C. C. R. 118, 121.PIRACY, torts. By piracy is understood the plagiarisms of a book, engravingor other work, for which a copyright has been taken out.2. When a piracy has been made of such a work, an injunction will begranted. 5 Ves. 709; 4 Ves. 681; 12 Ves. 270. Vide copyright.PIRATE. A sea robber, who, to enrich himself by subtlety or open force,setteth upon merchants and others trading by sea, despoiling them of theirPage 1218
 
Bouvier Law Dictionaryloading, and sometimes bereaving them of life and, sinking their ships;Ridley's View of the Civ. and Eccl. Law, part 2, c. 1, s. 8; or moregenerally one guilty of the crime of piracy. Merl. Repert. h.t. See, for theetymology of this word, Bac. Ab. PiracyPIRATICALLY, pleadings. This is a technical word, essential to charge thecrime of piracy in an indictment, which cannot be supplied by another word,or any circumlocution. Hawk. B. 1, c. 37, s. 15; 3 Inst. 112; 1 Chit. Cr.Law, *244.PISCARY. The right of fishing in the waters of another. Bac. Ab. h.t.; 5Com. Dig. 366. Vide Fishery.PISTAREEN. A small Spanish coin. It is not a coin made current by the lawsof the United States. 10 Pet. 618.PIT, fossa. A hole dug in the earth, which was filled with water, and inwhich women thieves were drowned, instead of being hung. The punishment ofthe pit was formerly common in Scotland.PLACE, pleading, evidence. A particular portion of space; locality.2. In local actions, the plaintiff must lay his venue in the county inwhich the action arose. It is a general rule, that the place of everytraversable fact, stated in the pleading, must be distinctly alleged; Com.Dig. Pleader, c. 20; Cro. Eliz. 78, 98; Lawes' Pl. 57; Bac. Ab. Venue, B;Co. Litt. 303 a; and some place must be alleged for every such fact; this isdone by designating the city, town, village, parish or district, togetherwith the county in which the fact is alleged to have occurred; and the placethus designated, is called the venue. (q.v.)3. In transitory actions, the place laid in the declaration, need notbe the place where the cause of action arose, unless when required bystatute. In local actions, the plaintiff will be confined in his proof tothe county laid in the declaration.4. In criminal cases the facts must be laid and proved to have beencommitted within the jurisdiction of the court, or the defendant must beacquitted. 2 Hawk. c. 25, s. 84; Arch. Cr. Pl. 40, 95. Vide, generally,Gould on Pl. c. 3, 102-104; Arch. Civ. Pl. 366; Hamm. N. P. 462; 1 Saund.347, n. 1; 2 Saund. 5 n.PLACE OF BUSINESS. The place where a man usually transacts his affairs orbusiness. When a man keeps a store, shop, counting room or office,independently and distinctly from all other persons, that is deemed hisplace of business 3 and when he usually transacts his business at thecounting house, office, and the like, occupied and used by another, thatwill also be considered his place of business, if he has no independentplace of his own. But when he has no particular right to use a place forsuch private purpose, as in an insurance office, in exchange room, bankingroom, a post office, and the like, where persons generally resort, thesewill not be considered as the party's place of business, although he mayoccasionally or transiently transact business there. 2 Pet. R. 121; 10 John.501; 11 John. 231; 1 Pet. S. C. R. 582; 16 Pick. 392.2. It is a general rule that a notice of the non-acceptance or non-payment of a bill, or of the non-payment of a note, may be sent either tothe domicil or place of business of the person to be affected by suchnotice, and the fact that one is in one town and the other in the other willmake no difference, and the holder has his election to send to either. Anotice to partners may be left at the place of business of the firm or ofany one of the partners. Story on Pr. Notes, Sec. 312.PLACITUM. A plea. This word is nomen generalissimum, and refers to all thepleas in the case. 1 Saund. 388, n. 6; Skinn. 554; S. C. earth. 834; Yelv.65. By placitum is also understood the subdivisions in abridgments and otherworks, where the point decided in a case is set down, separately, andPage 1219

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