PHYSIOLOGY1, med. jur. The science which treats of the functions of animals; it is the science of life.
2. The legal practitioner2 who expects to rise to eminence3, must acquire some acquaintance with physiology. This subject is intimately connected with gestation4, birth, life and death. Vide 2 Chit. Pr. 42, n.
PIGNORATION, civil law . This word is used by Justinian in the title of the 52d novel, and signifies not only a pledge of property, but an engagement of the person.
PICKPOCKET5. A thief; one who in a crowd or. in other places, steals from the pockets or person of another without putting him in fear. This is generally punished as simple larceny6.
PIGNORATIVE CONTRACT, civ. law. A contract by which the owner of an estate engages it to another for a sum of money, and grants to him and his successors the right to enjoy it, until he shall be reimbursed7, voluntarily, that sum of money. Poth. h. t.
PIGNORIS CAPIO, ROM. civil law. The name given to one of the legis actiones of the Roman law. It consisted chiefly in the taking. of a pledge, and was in fact a mode of execution. It was confined to special cases determined8 by positive law or by custom, such as taxes, duties, rents, &c., and is comparable in some respects to distresses9 at common law. The proceeding10 took place in the presence of a praetor.
PIGNUS, civil law. This word signifies in English, pledge or pawn11. (q. v.) It is derived12, says Gaius, from pugnium, the fist, because what is delivered in pledge is delivered. in hand. Dig. 50, 16, 238, 2. This is one of several instances of the failure of the Roman jurists, when they attempted etymological13 explanation of words. The elements of pignus (pig) is contained in the word pa(n)g-o, and its cognate14 forms. Smith's Dict. Gr. and Rom. Antiq. h. v.
PILLAGE15. The taking by violence of private property by a victorious16 army from the citizens or subjects of the enenly. This, in modern times, is seldom allowed, and then, only when authorized17 by the commander or chief officer, at the place where the pillage is committed. The property thus violently taken in general belongs to the common soldiers. See Dall. Dict. Propriete, art. 3, §5; Wolff, §1201; and Booty; Prize.
PILLORY18, punishment. wooden machine in which the neck of the culprit is inserted.
2. This punishment has been superseded19 by the adoption20 of the penitentiary21 system in most of the states. Vide 1 Chit. Cr. Law, 797. The punishment of standing22 in the pillory, so far as the same was provided by the laws of the United States, was abolished by the act of congress of February 27, 1839, s. 5. See Baxr. on the Stat. 48, note.