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every packet or article which is not, for the time being, prohibited by or in pursuance of the Post Office Acts from being sent by post : Every Postal Packet shall be deemed to be a Post Letter within," 1 V. c. 36 (s. 10): Vf, 47 & 48 V. c. 76, s. 20; 54 & 55 V. c. 46, s. 12. “A REPLY Post Card, or any part thereof, which may be again transmitted through the post without further payment, shall be deemed to be a .Postal Packet,' within the meaning of” the Post Office (Duties) Acts (s. 2, 45 & 46 V. c. 2). V. Post OFFICE.
"INLAND ” Postal Packet, means a Postal Packet “posted within the UNITED KINGDOM and addressed to some place in the United Kingdom” (s. 11, 38 & 39 V. c. 22), and quà that Act, “United Kingdom ” includes, "the Channel Islands and the Isle of Man" (s. 12).
PAID. — “Paid,” like “PAYMENT,” is, generally, satisfied by something being given or done which is Money's Worth, e.g. of the payment of a Legacy as in Coombe v. Trist (1 My. & C. 69) and A-G. v. Loscombe (5 H. & N. 564; 29 L. J. Ex. 305); or of an estate" for which at least £30 shall be “bona fide paid " so as to obtain a Pauper Settlement, s. 5, 9 G. 1, c. 7 (R. v. Belford, 3 B. & S. 662; 32 L. J. M. C. 156).
A testamentary direction that all legacies are to be "paid " free of Legacy Duty, will be read as including the idea of satisfaction, transfer, or delivery, so that chattels, stock, or shares, the subject of a specific legacy, will, like payment of a pecuniary legacy, have to be delivered or transferred free of duty to the legatee (Ansley v. Cotton, 16 L. J. Ch. 55: Re Johnston, Cockerell v. Essex, 53 L. J. Ch. 645; 26 Ch. D. 538; 32 W. R. 634).
A testamentary direction that Debts are to be “paid ” (whether Legacies are also mentioned or not) prevents the presumption that a legacy to a Creditor is in satisfaction of his claim (Re Huish, Bradshaw v. Huish, 59 L. J. Ch. 135; 43 Ch. D. 260; disapproving Edmunds v. Low, 3 K. & J. 318; 26 L. J. Ch. 432).
Articles of a Co which empower the declaration of Dividends "to be paid” to Members, do not authorize the issue of Bonds for Dividends (Wood v. Odessa W. W. Co, 42 Ch. D. 636; 58 L. J. Ch. 628: Hoole v. G. W. Ry, 3 Ch. 262).
V. TO BE PAID: PAYABLE: PAYMENT.
A Bill of Sale“ truly sets forth its consideration” (s. 8, Bills of S. Act, 1882), if the money therein stated to be "paid " did not actually pass in cash, but was a sum owing by the grantor to the grantee for unpaid purchase-money of the chattels therein comprised (Ex p. Bolland, 52 L. J. Ch. 113; 21 Ch. D. 543; 31 W. R. 102). V. TRULY SET FORTH: Now, p. 1296.
In a Charter-Party agreeing to pay the highest sum proved to have
been paid, “paid " should be read as meaning “contracted to be paid” (Gether v. Capper, 24 L. J. C. P. 69; 15 C. B. 701: Vf, Prove).
So, in a Re-Insrce Policy, " to pay as may be paid thereon " does not imply an actual payment by the re-insurer as a Condition Precedent, but means that payment under such re-insrce is to be regulated by that to be made on the Original Policy (Re Eddystone Insrce, cited Pay).
Stamp on Security for money to be “lent, advanced, or paid,” 55 G. 3, c. 184, Sch; V. Wroughton v. Turtle, 11 M. & W. 561; 13 L. J. Ex.57.
Money paid,” s. 1, Gaming Act, 1892, 55 V. c. 9 (V. GAMING ConTRACT), does not apply to a revocable deposit (O'Sullivan v. Thomas, 1895, 1 Q. B. 698; 64 L. J. Q. B. 398; 72 L. T. 285; 43 W. R. 269: Burge v. Ashley, 1900, 1 Q. B. 744; 69 L. J. Q. B. 538; 82 L. T. 518; 48 W. R. 438). V. IN RESPECT OF.
" Commission paid by the Client”; V. By.
PAID OFFICER. — “Paid Officers ” may be appointed, s. 46, Poor Law Amendment Act, 1834, and any Paid Officer deemed Unfit or Incompetent may be discharged, s. 48, Ib.; by s. 109, Ib., “OFFICER" extends to "any CLERGYMAN, Schoolmaster, person duly licensed to practise as a Medical Man, Vestry Clerk, Treasurer, Collector, Assistant Overseer, Governor, Master or Mistress of a Workhouse, or any other person who shall be employed ... in carrying the laws for the Relief of the Poor, into execution”; a Workhouse Chaplain is a "Paid Officer” within ss. 46, 48 (Ex p. Molyneux, 11 W. R. 233; 7 L. T. 599; 27 J. P. 56).
PAID UP.- Paid-up Capital; V. CAPITAL.
PAIN. -"Under pain of forfeiting Body and Goods "; V. Felony.
“.Paine fort et dure,' is an especiall punishment for such as being arraigned for Felony, refuse to put themselves upon the common tryall of God and the Countrey, and thereby are mute, or as mute in law” (Termes de la Ley); Vh, 4 Bl. Com. 325–329, where the phrase is “ Peine forte et dure." Abolished by 12 G. 3, c. 20.
PAINT.- A covenant to “paint” premises at the end of a period, does not include distempering (per Cave, J., Perry v. Chotzner, 9 Times Rep. 488).
PAINTING. – A “Painting," is a pictorial work in colours the object and value of which are artistic. Hence original trade models and Working designs, though carefully painted by hand and skilfully designed, are not " Paintings" within the Carriers Act, 1830 (Woodward v. Lond.
& N. W. Ry, 47 L. J. Ex. 263; 3 Ex. D. 121). Nor (per Hawkins, J., 16.) would such models or designs be “ Original Paintings ” within the Fine Arts Copyright Act, 1862, 25 & 26 V. c. 68: Sv, Hildesheimer v. Dunn, 35 S. J. 365; 64 L. T. 452.
When it is doubtful whether a pictorial work is a "Painting" or not, the question is for the jury, just as it is on the other things enumerated in the Carriers Act, e.g. SILK.
V. PICTURE: ENGRAVING: Copy: PLATE.
PAIS.- ASSURANCE of land“ by matter in pais, or deed; which is an assurance transacted between two or more private persons in pais, in the country; that is (according to the old common law) upon the very spot to be transferred” (2 Bl. Com. 294).
EstoPPEL “by matter in paiis, as by liverie, by entry, by acceptance of rent, by partition, and by acceptance of an estate, as here in the case that Littleton putteth (s. 667); whereof Littleton maketh a special observation that a man shall be estopped by matter in the countrey, without any writing” (Co. Litt. 352 a).
Trial by Jury, “called also the trial per pais, or by the country” (3 Bl. Com. 349; 4 Ib. 341).
PALACE.-V. ROYAL PALACE.
PALMER ACT. - The Central Criminal Court Act, 1856, 19 & 20 V. c. 16. This Act does not derive its popular name from a legislator, but because its need was shown by the trial of Palmer, the Rugeley murderer.
Roundell Palmer's Act; Sales of Reversions Act, 1867, 31 & 32 V. c. 4. V. HINDE PALMER's Act.
PALMISTRY. - "Is a kind of divination, practised by looking upon the lines and marks of the hands and fingers ” (Jacob). Vh, Monck v. Hilton, 46 L. J. M. C. 163; 2 Ex. D. 268; 25 W. R. 373; 41 J. P. 214: 9 Encyc. 344.
Cp, DECEIVE: FORTUNES.
PANEL._". Pannell' is an English word, and signifieth a little part; for a pane is a part, and a pannell is a little part; as a pannell of wainscot, a pannell of a saddle, and a pannell of parchment wherein the jurors names be written and annexed to the writ. And a jury is said to be impannelled, when the sherife hath entered their names into the pannell, or little peece of parchment, in pannello assise” (Co. Litt. 158 b). Vf, Termes de la Ley, Pannell: Cowel, Panell,
PANNAGE. — All the definitions "agree that the Right of Pannage is simply a right granted to an owner of pigs (he is generally entitled to
some land; as a rule it was granted to the owners of land of some kind who kept pigs) to go into the wood of the grantor of the right, and to allow the pigs to eat the acorns or beech mast which fell upon
the ground. That is what the right has always been defined to be. The pigs have no right to take a single acorn or any beech mast off the tree, either by themselves or by the hands of those who drive them, who might reach them or knock them down. There is not even a right to shake the tree. It is only a right to eat those things which fell” (per Jessel, M. R., Chilton v. London, 47 L. J. Ch. 435; 7 Ch. D. 562: Vf, Termes de la Ley: Cowel: Jacob: Elph. 606). V. PASTURES.
As to the rateability of Herbage and Pannage; V. Bute v. Grindall, 1 T. R. 338: Jones v. Maunsell, 1 Doug. 302.
PANTOMIME. -V. arg. Wigan v. Strange, cited STAGE PLAY: DRAMATIC
PAPER. –“ Paper,” is a manufactured substance composed of fibres, (whether vegetable or animal), — adhering together, in form consisting of sheets of various sizes and of different thicknesses, used for writing or privting or other purposes to which such sheets are applicable (A-G. v. Barry, 28 L. J. Ex. 211; 4 H. & N. 470: Vf, Coles v. Dickinson, 16 C. B. N. S. 604; 33 L. J. M. C. 235). Paper can, generally, be now used as a substitute for parchment (Ex p. Carr, 5 C. B. 496); and on and from 1st Jan 1901, paper (of a special kind) has been substituted for parchment for engrossments of Wills for Probate (45 S. J. 91).
Nomination Paper; V. NOMINATION.
PAPER MILL. - V. Non-TEXTILE FACTORIES.
PAPER-STAINING. — “ Paper-staining Works”; V. Non-TEXTILE FACTORIES.
PAPER WRAPPER. - A Cardboard Wrapper is a "Paper Wrapper” within s. 6, Margarine Act, 1887, but the “Paper Wrapper,” however manufactured, should be the external wrapper, or if enclosed in another wrapper that should be at the purchaser's request (Toler v. Bischop, cited PACKAGE).
PARALLEL. - In the Specification of a Patent for a horse-clipping machine, “Parallel ” was construed in its popular sense of going side by side, and not in its purely mathematical sense (Clarke v. Adie, 2 App. Ca. 423; 46 L. J. Ch. 598).
PARAMOUNT. -". Paramount' is a word compounded of two French words (par and monter), and it signifies in our law, the highest Lord of the Fee” (Termes de la Ley, referring to Fitz. N. B. 135). Vf, Cowel : 2 Bl. Com. 59, 91.
PARAPHERNALIA. – A Wife's paraphernalia (in which she takes a qualified ownership, V. Wms. P. P. 302) consist of her apparel and ornaments suitable to her station (2 Bl. Com. 435, 436: Mangey v. Hungerford, 2 Eq. Ca. Ab. 156) including gifts from her husband (Graham v. Londonderry, 3 Atk. 393: Jervoise v. Jervoise, 17 Bea. 566). Such gifts are not affected by the M. W. P. Act, 1882, and may still be made; but it is a question of fact whether gifts of ornaments from a husband to his wife are absolute or only as paraphernalia (Tasker v. Tasker, 1895, P. 1; 64 L. J. P. D. & A. 36; 71 L. T. 779; 43 W. R. 255).
Cp, SEPARATE PROPERTY: SEPARATE USE: Pix MONEY.
PARAVAIL. -". Paravaile,' .. signifies in our law, the lowest tenant of the fee, who is tenant to one that holdeth over of an other" (Termes de la Ley).
PARCEL. — Paintings, exceeding the value of £10, laid upon one another without any covering or tie in a waggon which has sides but no top, are a “Parcel or Package” within ss. 1, 2, Carriers Act, 1830 (Whaite v. Lanc. & Y. Ry, 43 L. J. Ex. 47; L. R. 9 Ex. 67; 22 W. R. 374).
Quà Post Office (Parcels) Act, 1882, 45 & 46 V. c. 74,“ Parcel,' means, all such postal packets as by the regulations of the Treasury, made in pursuance of the Post Office Acts, are defined to be Parcels ” (s. 17). V. PACKET: “Foreign Parcel,” sub FOREIGN : "Inland Parcels," sub INLAND.
Packed Parcel as contrasted with “Enclosure Enclosed Par. cel,” for the purpose of carriage; V. Crouch v. G. N. Ry, 25 L. J. Ex. 137; 11 Ex. 742.
" Parcel Rates” of Carriage; V. Parker v. G. W. Ry, 11 C. B. 545; 21 L. J. C. P. 57; 6 E. & B. 77; 25 L. J. Q. B. 209.
The “Parcels” of a Conveyance usually begin with the words “ All that,” and contain a description of the property conveyed; V. 2 Bl. Com. Appx. ii.
"Parcella terræ,' a small piece of land” (Cowel).
PARCENERS, Many times parceners are called coparceners (Co. Litt. 164 b). As to description and division of Parceners, V. Ib. 163 a, et seq: Termes de la Ley : Jacob.
“None are called Parceners by the Common Law but females, or the heires of females, which come to lands or tenements by descent; for if sisters purchase lands or tenements, of this they are called joyntenants, and not parceners ” (Litt. s. 254); and so cocheiresses who take as such under words of PURCHASE are joint tenants (Berens v. Fellowes,