PAT. 



PEA. 



kept by the pawnbroker, and If article* ire sold for more Uun the 

 Mm for which twy wre pledged, with Interest thereon, the owner ii 

 entitled to the surplus, if demanded within three year* afterlthe -le. 

 Pawnbroker** safe-books: are open to inspection on payment of * fee of 

 one penny. The penalty on pawnbroker*' riling good* before the 

 proper time, or injuring or losing them, and not making compensation 

 to the owner, according to the award of a magistrate, U IO/. They are 

 required to produce their book* on the order of a magistrate in any 

 dispute eoneernmg pledges, and are not to purchase goods which 

 are in their custody. The Act extends to the executors of pawn- 



The Act prohibit* pledges being taken from {tenons intoxicated or 

 nder twelve years of age. (By the ' Metropolitan' Police Act (2 ft 8 

 Viet, c. 47), a fine of 51 is inflicted upon pawnbrokers taking pledges 

 I under the age of sixteen.) Pawnbrokers are prohibited 

 goods between the hours of 8 A.M. and 7 P.M. ; and by the 

 ',, o, 98 from receiving pledges between Michaelmas-day and 

 Lady-day before 8 A.M. or after 7 P.M. ; and for the remainder of the 

 year, before 7 A.M. or after 8 P.M., excepting on Saturdays and the 

 evenings preceding Oood Friday and Christmas Day, or any public fast 

 or thanksgiving day appointed by the Crown, when the hour for 

 dosing is extended to 11 P.M. They are required to place a table of 

 profit* and charges in a conspicuous part of their places of business. 



Pawnbrokers are required to take out an annual licence from the 

 Stamp-Office ; and, to enable them to take in pledge articles of gold 

 and silver, a second licence is necessary, which costs W. 15*. Those 

 who carry on business within the limits of the old Twopenny Post pay 

 151. a-year for their licence, and in other parts of Great Britain 71. 10*. 

 The licence expires on the 81st July, and a penalty of SOI. is incurred 

 if it is not renewed ten dsys before. No licence is required in 

 Ireland, but those who carry on the business of a pawnbroker must be 

 registered. Any one who enters into secret partnership with a pawn- 

 broker for the purpose of carrying on that business, even although the 

 agreement stipulates only for a right to inspect the books and to 

 receive a per centage on the business done, renders himself liable to 

 penalties under the statute. But to repress the practice of laying 

 frivolous and unfounded informations against this class of tradesmen, 

 the 2 ft 3 Viet. c. 71, ss. 32-35, giving power to magistrates to award 

 amends in such cases, to inflict penalties on common informers who 

 compound informations, to dimmish the amount of the portion awarded 

 of the penalty to any informer, and further to diminish the term of 

 imprisonment fixed in the case of offenders, U extended by the 22 & 23 

 Viet, c, 14 to the 89 ft 40 Geo. 3, c. 99, and to all parts of England, 

 and to all magistrates, justices, or justices of the peace. 



The act for the regulation of pawnbrokers in Ireland U the 28 Geo. III., 

 c. 48 (Irish statute). It requires pawnbrokers to take out licences 

 and to give securities; appoints the marshal of the city of Dublin 

 corporation registrar of licences ; directs returns to be made to him 

 monthly, upon oath, of sums lent ; and allows the registrar a fee of 

 one shilling on each return. The Act requires the returns to be laid 

 before parliament ; but this is not done, and in some other particulars 

 the statute is but imperfectly observed. 



PAX, an ecclesiastical instrument of ancient use in the Roman 

 Catholic church. St. Paul, in several of his epistles, commands the 

 professors of the Christian religion to " salute each other with a holy 

 kiss." That this was literally practised in the first ages of the church, 

 we learn from the apostolical constitutions, together with some par- 

 ticulars respecting the method of performing this ceremony. " Let the 

 bishop salute the church, and say, The peace of Ood be trilh you all : 

 and let the. people answer, And trith thy ijiirit. Then let the deacon 

 say to all, flaintt one another trith o holy Lia, and let the clergy kiss the 

 bishop, and the laymen the laymen, and the women the women." 

 (Li. viii., c. 11, apua Coteller, p. 846.) 



The custom of giving the kiss of peace before the communion, in 

 the more solemn service of the Roman Catholic Church called the High 

 Mass, is still kept up among the officiating clergy, as well as among 

 the men and women of the different religious orders. So also it 

 appears to have been practised by the laity during the middle ages ; 

 while the men and women were separated from each other. But 

 when the sexes began to be mixed together in the less solemn service 

 called the Low Mas*, which began to take place in the 12th or 13th 

 century, a sense of decorum dictated to the bishops the use of an instru- 

 ment called sometimes a Par, sometimes Tabula Pacii, and some- 

 times (brWo/'/rmm, which the priest kissed first, then the clerk, and 

 lastly the people who assisted at the service, one after another, instead 

 . .' '.- bra : 1---. 



Among the constitutions of Walter de Grey, archbishop of York in 

 1250, an osculatorium was one of the regular ecclesiastical omaim n'. - 

 or rather implement*, ordered to be provided in every parish church. 



It was usually in the form of a metallic plate or tablet, with a 

 support at the back, and bad a representation of the crucifixion in 

 cither in relief or engraved. The magnificent pax of silver, 

 engraved in niello, by Finiguerra, is still preserved st Florence. In 

 the South Kensington Museum is a remarkably fine pax of Italian 

 work of near the close of the 15th century. The central plate is of 

 bronze, mi which is a representation in relief, attributed to Botticelli, 

 of the Virgin under a canopy, surrounded by angels. This U set in a 

 gilt mounting, enriched with silver filagree work ; while the support is 



ornamented with three small niello platen. Many others are extant, 

 which are admirable examples of the metallic art of the time. 



The general disuse of this plate in modem times is attributed by 

 Le Bran C Explication Litterale, Ac., de la Messe,' torn, i., p. 695) to 

 certain jealousies which were found to arise among individuals, about 

 priority in having it presented to them. 



The use of the Pax was not among the ceremonies which were first 

 abrogated at the Reformation in England : on the contrary, it was 

 enforced by the ecclesiastical commissioners of Edward VI., and r.-n 

 dered more ostensible than it had been, as appears by the following 

 injunction, published in the deanery of Doncaster, in 1648 : " The 

 clerk shall bring down the paxe, and standing without the church- 

 door, shall say loudly to the people these words : ' This is the token of 

 joyful peace, which is between (Jod and man's conscience,' " Ac. 



PAYMENT. If a man owes several sums of money to another on 

 different accounts, and makes a payment of any one of such Bums, he 

 may state at the time of payment on which account such sum is paid, 

 and the payment will be considered to be legally appropriated to the 

 debt which he has named. If at the time of payment the debtor 

 makes no appropriation of the payment, the creditor may at the time 

 of payment appropriate it to such debt as he pleases, provided he so 

 appropriates the payment, as he would do, or as it may be presumed 

 that he would do, if he were the debtor. Accordingly the creditor 

 must appropriate the payment to such debt as is the most burdensome 

 to the debtor. If neither party make any appropriation of the debt 

 at the time of payment, the payment will be presumed to be made on 

 account of the more burdensome debt ; if there is no difference in the 

 quality of the debts, the payment must be presumed to be made on 

 account of the oldest. 



These are the rules of the Roman Law (' Dig.' 46, tit 8), which 

 perhaps may be considered to be adopted by the English Law, though 

 the decisions are by no means uniform in this matter. (Devaynes r. 

 Noble, 1 Mer. 606.) The principles just laid down apply to distinct 

 debts on different accounts (causae). If there are dealings between 

 two persons which ore all of one uniform and continuous nature, as 

 for instance between a banker and his customer, there is no question of 

 appropriation of payment. The customer pays money into the bank 

 at different times, and draws it out by drafts at different times. All 

 the sums paid in and all the sums paid out severally make an entire 

 creditor and debtor account, and by striking the balance at any given 

 time it will appear what sum is due at that time from the banker to 

 his customer or from the customer to his banker. It is true that this 

 supposes a kind of 'appropriation, but not exactly that kind which is 

 meant by the term. It assumes that the sum first paid in is dis- 

 charged by the sum first paid out, so far as it is sufficient to discharge 

 it ; and the same remark applies to all subsequent payments into the 

 bank and sums drawn out. The account therefore must be made out 

 in the order of time, and the balance will show how the account 

 stands at the time when it is made ont. (Devaynes r. Noble.) 



A debt barred by the Statute of Limitations cannot be revived by 

 an appropriation of a general payment. 



There are various other cases in the reports in which the question 

 of appropriation of payments has been discussed. (Croft r. Lumley, 

 6 H. of L. Cos. 672 ; Beale r. Caddick, 2 H. & N. 326 ; Nash r. Hodg- 

 >n. 1.. J. 25, Ch. 186; and Farley r. Turner, L. J. 26, Ch. 710.) 



PEA. The garden pea (1'itum tatirum) is a native of the south of 

 Europe, but sufficiently hardy in a young state, or when its develop- 

 ment is not much extended, to bear our winters when they are 

 moderate, and when the plants have, as in gardens generally, a sheltered 

 situation. 



The pea had probably been introduced into this country at an 

 early period, for jwas are mentioned by Lydgate, in the time of 

 Henry VI., as being hawked in London. It appears however that 

 for nearly a century afterwards, they were either not very common, 

 or the manner of outlining them early was unknown, for Fuller states 

 that in the reign of Elizabeth peas were brought from Holland, 

 and were accounted " fit dainties for ladies, they came so far and cost 

 so dear." 



The varieties of the pea are numerous. Every seedsman issues a 

 trustworthy list, from which selection is to be made according to the 

 date of sowing. 



The soil for peas ought to be fresh and well stirred, but not too 

 rich ; for in the latter case a luxuriant growth U induced without 

 fertility. 



The times of sowing ore, in November for the earliest crop, and at 

 intervals of a month, three weeks, or a fortnight, as the season advances, 

 till M idmunuier. The produce from any that may be sown aftvt this 

 period is very uncertain ; as is indeed the case with the November and 

 other sowings previous to those of spring. The shelter afforded tin' 

 young plants in winter by spruce branches or temporary awnings is of 

 course beneficial. 



The distance which should be allotted for the intervals between the 

 rows of peas may bo three, four, five, or six feet, according to the 

 growth of the sort and richness of the soil. The plants should not ) 

 allowed to grow too thick in the rows, otherwise they are drawn up 

 slender, without a due proportion of foliage on the lower part of the 

 stem, which, in that cose, as well as the leaves depending on it, is apt 

 to become unhealthy and to mildew. 



