pleading it must give a notice in writing of the term and number roll whereon such judgment or matter of record is entered or filed, in default of which the plea is not to be received. Tidd's Pr. 529.

4. To deny oyer when it ought to be granted is error; and in such case the party making the claim, should move the court to have it entered on record, which is in the nature of a plea, and the plaintiff may counterplead the right of oyer, or strike out the rest of the pleading, following the oyer, and demur; 1 Saund. 9 b, n. 1; Bac. Abr. Pleas, 1; upon which the judgment of the court is either that the defendant have oyer, or that he answer without it. Id. ibid.; 2 Lev. 142; 6 Mod. 28. On the latter judgment, the defendant may bring a writ of error, for to deny oyer when it ought to be granted, is error, but not e converso. Id. ibid.; 1 Blackf. R. 126.

See, in general, 1 Saund. 9, n. 1; 289, n. 2; 2. Saund. 9, n. 12, 13; 46, n. 7; 366, n. 1; 405, n. 1; 410, n. 2; Tidd's Pr. 8 ed. 635 to 638, and index, tit. Oyer; 1 Chit. Pl. 369 to 375; Lawes on Civ. Pl. 96 to 101; 16 Vin. Ab. 157; Bac. Abr. Pleas, &c., I 12, n. 2; Arch. Civ. Pl. 185; 1 Sell. Pr. 260; Doct. Pl 344; Com. Dig. Pleader, P; Abatement, I 22; 1 Blackf. R. 241. 3 Bouv. Inst. n. 2890.

OYER AND TERMINER. The name of a court authorized to hear and determine all treasons, felonies and misdemeanors; and, generally, invested with other power in relation to the punishment of offenders.

OYEZ, practice. Hear; do you hear. In order to attract attention immediately before he makes proclamation, the cryer of the court cries Oyez, Oyez, which is generally corruptly pronounced O yes.

PACE. A measure of length containing two feet and a half; the geometrical pace is five feet long. The common pace is the length of a step; the geometrical is the length of two steps, or the whole space passed over by the same foot from one step to another.

PACIFICATION. The act of making peace between two countries which have been at war; the restoration of public tranquillity.

PACTUM CONSTITUTÆ PECUNIÆ, civil law. An agreement by which a person appointed to his creditor a certain day, or a certain time, at which he promised to pay; or it may be defined, simply an agreement by which a person promises a creditor to pay him.

PACT, civil law. An agreement made by two or more persons on the same subject, in order to form some engagement, or to dissolve or modify one already made; conventio est duorum in idem placitum consensus de re solvenda, id est faciendâ vel præstandâ. Dig. 2, 14; Clef des Lois Rom. h. t.; Ayl. Pand. 558; Merl. Rép. Pacte, h. t.

PACTIONS, International law. When contracts between nations are to be performed by a single act, and their execution is at an end at once, they are not called treaties, but agreements, conventions or pactions. 1 Bouv. Inst. n. 100.

3. There is a striking conformity between the pactum constitutæ pecuniæ, as above defined, and our indebitatus assumpsit. The pactum constitutæ pecunia was a promise to pay a subsisting debt whether natural or civil; made in such a manner as not to extinguish the preceding debt, and introduced by the prætor to obviate some formal difficulties. The action of indebitatus assumpsit was brought upon a promise for the payment of a debt, it was not subject to the wager of law and other technical difficulties of the regular action of debt; but by such promise, the right to the action of debt was not extinguished nor varied.

PACTUM DE NON PETANDO, civil law. An agreement made between a creditor and his debtor that the former will not demand from the latter the debt due. By this agreement the debtor is freed from his obligation. This is not unlike the covenant not to sue, (q. v.) of the common law. Wolff, Dr. de la Nat. § 755.

PACTUM DE QUOTA LITIS. An agreement by which a creditor of a sum difficult to recover, promises a portion, for example, one-third, to the person who will undertake to recover it. In general, attorneys will abstain from making such a contract, yet it is not unlawful.

PAGODA, comm. law. A denomination of money in Bengal. In the computation of ad valorem duties, it is valued at one dollar and ninety-four cents. Act of March 2, 1799, s. 61, 1 Story's L. U. S. 626. Vide Foreign Coins.

PAIS, or PAYS. A French word signifying country. In law, matter in pais is matter of fact in opposition to matter of record a trial per pais, is a trial by the country, that is, by a jury. PALFRIDUS, A palfrey; a horse to travel on. 1 Tho. Co. Litt. 471; F. N. B. 93.

PANDECTS, civil law. The name of an abridgment or compilation of the civil law, made by order of the emperor Justinian, and to which he gave the force of law. It is also known by the name of Digest. (q. v.)

PANEL, practice. A schedule or roll containing the names of jurors, summoned by virtue of a writ of venire facias, and annexed to the writ. It is returned into the court whence the venire issued. Co. Litt. 158, b.

PANNEL, Scotch law. A person accused of a crime; one indicted.

PAPER DAYS, Eng. law. Days on which special arguments are to take place. Tuesdays and Fridays in term time are paper days appointed by the court. Dict. of Pr. h. t.; Arch. Pr. 101.

Lee's

PAPER MONEY. By paper money is understood the engagements to pay money which are issued by governments and banks, and which pass as money. Pardes. Dr. Com. n. 9. Bank notes are generally considered as cash, and will answer all the purposes of currency; but paper money is not a legal tender if objected to. See Bank note, Specie, Tender.

PAR, comm. law. Equal. It is used to denote a state of equality or equal value. Bills of exchange, stocks, and the like, are at par when they sell for their nominal value; above par, or below par, when they

sell for more or less.

PARAGE. Equality of name or blood, but more especially of land in the partition. of an inheritance among co-heirs, hence comes disparage and disparagement. Co. Litt. 166.

PARAGIUM.

A Latin term which signifies equality. It is derived from the adjective par, equal, and made a substantive by the addition of agium. 1 Tho. Co. Litt. 681.

2. In the ecclesiastical law, by paragium is understood the portion which a woman gets on her marriage. Ayl. Par. 336.

PARAMOUNT. That which is superior. 2. It is usually applied to the highest lord of the fee, of lands, tenements, or hereditaments. F. N. B. 135. Where A lets lands to B, and he underlets them to C, in this case A is the paramount, and B is the mesne landlord. Vide Mesne, and 2 Bl. Com. 91; 1 Tho. Co. Litt. 484, n. 79; Id. 485, n. 81.

2. Courts of error and other courts, on arguments, require that the judges shall each be furnished with such a paper-book. In the court of king's bench, in England,

band's death; they consist generally of her clothing, jewels, and ornaments suitable to her condition, which she used personally during his life.

2. These, when not extravagant, she

8.- 4. When the pardon is general, either by an act of amnesty, or by the repeal of a penal law, it is not necessary to plead it, because the court is bound, ex officio, to take notice of it. And the criminal cannot even waive such pardon, because by his admittance, no one can give the court power to punish him, when it judicially appears there is no law to do it. But when the pardon is special, to avail the criminal it must judicially appear that it has been accepted, and for this reason it must be specially pleaded. 7 Pet. R. 150, 162.

9.- 5. The effect of a pardon is to protect from punishment the criminal for the offence pardoned, but for no other. 1 Porter, 475. It seems that the pardon of an assault and battery, which afterwards becomes murder by the death of the person beaten, would not operate as a pardon of the murder. 12 Pick. 496. In general, the effect of a full pardon is to restore the convict to all his rights. But to this there are some exceptions: 1st. When the criminal has been guilty of perjury, a pardon will not qualify him to be a witness at any time afterwards. 2d. When one was convicted of an offence by which he became civilly dead, a pardon did not affect or annul the second marriage of his wife, nor the sale of his property by persons appointed to administer on his estate, nor divest his heirs of the interest acquired in his estate in consequence of his civil death. 10 Johns. R. 232, 483.

10.-6. All contracts, made for the buying or procuring a pardon for a convict, are void. And such contracts will be declared null by a court of equity, on the ground that they are opposed to public policy. 4 Bouv. Inst. n. 3857.

Vide, generally, Bac. Ab. h. t.; Com. Dig. h. t.; Nels. Ab. h. t.; Vin. Ab. h. t.; 13 Petersd. Ab. h. t.; Dane's Ab. h. t.; 3 Inst. 233 to 240; Hawk. b. 2, c. 37; 1 Chit. Cr. L. 762 to 778; 2 Russ. on Cr. 595; Arch. Cr. Pl. 92; Stark. Cr. Pl. 368, 380.

3. By the civil law, grandfathers and grandmothers, and other ascendants, were, in certain cases, considered parents. Dict. de Jurisp. Parente. Vide 1 Ashm. R. 55; 2 Kent, Com. 159; 5 East, R. 223; Bouv. Inst. Index, h. t.

PARES. A man's equals; his peers. (q. v.) 3 Bl. Com. 349.

PARES CURIE, feudal law.. Those vassals who were bound to attend the lord's court were so called. Ersk. Inst. B. 2, tit. 3, s. 17.

PARI DELICTO, crim. law. In a similar offence or crime; equal in guilt. A person who is in pari delicto with another, differs from a particeps criminis in this, that the former always includes the latter but the latter does not always include the former. 8 East, 381, 2.

PARI MATERIA. Of the same matter; on the same subject; as, laws pari materia must be construed with reference to each other. Bac. Ab. Stat. I. 3.

PARI PASSU. By the same gradation.

PARISH. A district of country of different extents. In the ecclesiastical law it signified the territory committed to the charge of a parson, vicar, or other minister. Ayl. Parerg. 404; 2 Bl. Com. 112. In Louisiana, the state is divided into parishes.

PARIUM JUDICIUM. The trial by jury, or by a man's peers, or equals, is so called.

PARK, Eng.law. An enclosed chase, (q.v.) extending only over a man's own grounds. The term park signifies an enclosure. 2 Bl. Com. 38.

PARLIAMENT. This word, derived from the French parlement, in the English law, is used to designate the legislative branch of the government of Great Britain, composed of the house of lords, and the house of commons.

2. It is an error to regard the king of Great Britain as forming a part of parlia

PARENTS. The lawful father and mother of the party spoken of. 1 Murph. R. 336; 11 S. & R. 93.

2. The term parent differs from that of ancestor, the latter embracing not only the father and mother, but every person in an

and the lords spiritual, the lords temporal, and the commons, which, when assembled in parliament, form the three states of the realm, is the same as that which subsists between the king and those states-the people at large-out of parliament; Colton's Records, 710; the king not being, in either

case, a member, branch, or coëstate, but standing solely in the relation of sovereign or head. Rot. Par. vol. iii. 623 a.; 2 Mann. & Gr. 457 n.

PAROL. More properly parole. A French word, which means literally, word or speech. It is used to distinguish contracts which are made verbally or in writing not under seal, which are called parol contracts, from those which are under seal, which bear the name of deeds or specialties. (q. v.) 1 Chit. Contr. 1; 7 Term. R. 350, 351, n.; 3 Johns. Cas. 60; 1 Chit. Pl. 88. It is proper to remark that when a contract is made under seal, and afterwards it is modified verbally, it becomes wholly a parol contract. 2 Watts, 451; 9 Pick. 298; 13 Wend. 71.

2. Pleadings are frequently denominated the parol. In some instances the term parol is used to denote the entire pleadings in a cause; as, when in an action brought against an infant heir, on an obligation of his ancestors, he prays that the parol may demur, i. e., the pleadings may be stayed, till he shall attain full age. 3 Bl. Com. 300; 4 East, 485; 1 Hoffm. R. 178. See a form of a plea in abatement, praying that the parol may demur, in 1 Wentw. Pl. 43; and 2 Chit. Pl. 520. But a devisee cannot pray the parol to demur. 4 East, 485.

3. Parol evidence is evidence verbally delivered by a witness. As to the cases when such evidence will be received or rejected, vide Stark. Ev. pt. 4, p. 995 to 1055; 1 Phil. Ev. 466, c. 10, s. 1; Sugd. Vend. 97.

PAROL LEASES. An agreement made verbally, not in writing, between the parties, by which one of them leases to the other a certain estate.

2. By the English statute of frauds of 29 Car. II., c. 3, s. 1, 2, and 3, it is declared that "all leases, estates, or terms of years, or any uncertain interest in lands, created by livery only, or by parol, and not put in writing, and signed by the party, should have the force and effect of leases or estates at will only, except leases not exceeding the term of three years, whereupon. the rent reserved during the term shall amount to two third parts of the full improved value of the thing demised." "And that no lease or estate, either of freehold or term of years, should be assigned, granted, or surrendered, unless in writing." The principles of this statute have been adopted,

with some modifications, in nearly all the states of the Union. 4 Kent, Com. 95; 1 Hill. Ab. 130.

PAROLE, international law. The agreement of persons who have been taken by an enemy that they will not again take up arms against those who captured them, either for a limited time, or during the continuance of the war. Vattel, liv. 3, c. 8, § 151.

PARRICIDE, civil law. One who murders his father; it is applied, by extension, to one who murders his mother, his brother, his sister, or his children. The crime committed by such person is also called parricide. Merl. Rép. mot Parricide; Dig. 48, 9, 1, 1. 3, 1. 4.

| 2. This offence is defined almost in the same words in the penal code of China. Penal Laws of China, B. 1, s. 2, § 4.

3. The criminal was punished by being scourged, and afterwards sewed in a sort of sack, with a dog, a cock, a viper, and an ape, and then thrown into the sea, or into a river; or if there were no water, he was thrown in this manner to wild beasts. Dig. 48, 9, 9; C. 9, 17, 1, 1. 4, 18, 6; Bro. Civ. Law, 423; Wood's Civ. Law, B. 3, c. 10, s. 9.

4. By the laws of France parricide is the crime of him who murders his father or mother, whether they be the legitimate, natural or adopted parents of the individual, or the murder of any other legitimate ascendant. Code Pénal, art. 297. This crime is there punished by the criminal's being taken to the place of execution without any other garment than his shirt, barefooted, and with his head covered with a black veil. He is then exposed on the scaffold while an officer of the court reads his sentence to the spectators; his right hand is then cut off, and he is immediately put to death. Id. art. 13.

5. The common law does not define this crime, and makes no difference between its punishment, and the punishment of murder. 1 Hale's P. C. 380; Prin. Penal Law, c. 18, § 8, p. 243; Dalloz, Dict. mot Homicide, § 3.

PARSON, eccles. law. One who has full possession of all the rights of a parochial church.

2. He is so called because by his person the church, which is an invisible body, is represented: in England he is himself a body corporate in order to protect and defend the church (which he personates) by a