PEA 
PAW 
PAUPER, in law. See Forma pauper- 
15 . 
PAUSE, in music, a mark or character, 
consisting of a curve drawn over a dot, and 
signifying that the note or the rest, over 
which it is placed, is to be continued beyond 
the regular time. The exact length of the 
f >ause is not dictated by any stated rule, but 
eft to .the judgment, taste, and feeling of the 
performer ; wiio sometimes is licensed by the 
words ad libitum, to introduce extempore 
embellishments. 
PAUSUS, a genus of insects, of the order 
coleoptera. The generic character is: an- 
tennae of two joints, the upper very large, 
inflated, moveable, and hooked ; head 
stretched forwards ; wing-sheaths llexile, de- 
flected, truncated. 
1 . Pausus mierocephalus. The head is 
uncommonly small ; the thorax broader than 
the head, and very uneven, the two parts 
being entirely separated by a transverse fur- 
row. This rare insect is a native of Banana 
island, and Sierra Leone in Africa. Its co- 
lour is a blackish brown. It is represented 
on the Plate, both in its natural size, and 
considerably magnified. 
The 2d species, or pausus sphaerocerus, is 
thus described by Dr. Afzelius, “ There 
was a house building for the governor, on an 
eminence at the south end of Free-town, in 
Sierra Leone. 1 had not resided there many 
days, when one evening, having just Sighted 
my candle, and begun to write, I observed 
something dropping from the deling before 
me upon the table, which, from its singular ap- 
pearance, attracted my particular attention. 
It remained for a little while quite immove- 
able, as if stunned or frightened, but began 
soon to crawl very slowly and steadily. I 
then caught it, put it into a box, and left it 
confined there for a day or two. One even- 
ing, going to look at it, and happening to 
stand between the light and the box, so that 
my shadow fell upon the insect, I observed, 
to my great astonishment, the globes of the 
antenna;, like two lanthorns, spreading a dim 
phosphoric light. This singular phenomenon 
raised my curiosity, and, after having ex- 
amined it several times that night, 1 resolved 
to repeat my researches the following day. 
But the animal being exhausted, died before 
the morning, and the light disappeared ; and 
afterwards, not being able to find any more 
specimens, I was prevented from ascertaining 
the fact by reiterated experiments at different 
times.” 
PAWLE, in a ship, a small piece of iron 
bolted to one end of the 'beams of the deck, 
■close to the capstan ; but yet so easily, as 
that it can turn about. Its use is, to stop the 
capstan from turning back, by being made to 
■catch hold of the whelps : they therefore say, 
heave a pawle ; that is, heave a little more, 
for the pawle to get hold of the whelps : and 
this they call pawling the capstan. 
PAWN, a pledge lodged for the security 
of the payment of a sum of money borrowed. 
As the party that pawns the goods has a ge- 
neral property therein, they cannot be for- 
feited by the person that has them in pawn, 
for any offence of his ; neither can they be 
taken in execution for his debt : on the other 
band, -where goods are repawned for money, 
if alter judgment is obtained against the 
pawner for debt, the goods in the pawnee’s 
hands a re not liable to execution until such 
time as the money lent is paid to the pawnee. 
He tha t borrows money on a pawn is to have 
again the pledge, when lie repays the same, 
or he may bring an action for detaining it ; 
and Iris very tender of the money revests the 
special property in him. Likewise it has 
been held, that where a broker refuses, on 
tendering the money, to redeliver the goods, 
he thereupon shall be indicted. In case 
goods are pawned for lent money, and no 
day fixed for their redemption, they are said 
to be redeemable at any time during the 
pawner’s life ; and though they may not be 
redeemed after his death, they may after the 
death of the pawnee. Where the pawn is 
redeemable on a certain day, it must be 
strictly observed, or upon failure of payment 
it may be sold. Also it is the common practice 
of the brokers, when no day is fixed for re- 
demption, not to stay longer than a year for 
their money, at the expiration of which time 
they usually seil the goods. See also 39 and 
40 Geo. 111. c. 99. 
PAY, in the sea language. The seamen 
say, pa) r more cable, when they mean to let 
out more cable. 
PAYING, among seamen. When the 
seams of a ship are laid over with a coat of 
hot pitch, it is called paying her ; and when 
this is done with canvas, parcelling : also 
when, after she is graved, and the soil burned 
off, a new coat of tallow and soap, or one of 
train-oil, rosin, and brimstone boiled toge- 
ther, is put on her, that is also called pay- 
ing of a ship. 
PAYMENT, is the consideration or pur- 
chase-money for goods, and may be made 
by the buyer giving to the seller the price 
agreed upon, either by bill or note, or by 
money. W here a day certain is appointed 
for payment, the party bound shall be al- 
lowed till the last moment of the day to pay 
it in, if it is an inland bill. 4 T. R. 1 73. 
Payment of money before the day is, in 
law, payment at the day ; for it cannot, in 
presumption of law, be any prejudice to him 
to whom the payment is made, to have his 
money before the time ; and it appears by the 
party’s receipt of it, that it is for his own ad- 
vantage to receive it then. 5 Co. 1 17. 
PEACE, in law, signifies a quiet and 
harmless behaviour towards the king and his 
people. The king, by his office and dignity 
royal, is the principal conservator of the 
peace within all his dominions, and may give 
authority to any other to see the peace kept, 
and to punish such as break it: hence it is 
usually called the king’s peace. AH the great 
officers of state are generally conservators of 
the peace throughout the kingdom, and may 
commit all breakers of it, or bind them in 
recognizance to keep it. Also the sheriff, 
coroner, constables, and tithingmen, are con- 
servators of the peace within their own juris- 
diction; and may apprehend all breakers of 
the peace, and commit them till they find 
sureties to keep the peace. 1 Black. 350. 
PE AC E, justices of the, are persons ap- 
pointed by the king’s commission to attend 
to the peace of the county where they dwell. 
They were called guardians of the peace till 
the 36th year of Edw. III. c. 12, where they 
are called justices. 
A justice of the peace must, before he 
Z z 2 
PEA 363 
eh, take the oath of office, which is always 
done at the general quarter sessions for the 
county, by virtue of a dedimus potestatem 
out of chancery. 
Sheriffs, coroners, attorneys, and proctors, 
may not act as justices of the* peace. 
I he power, office, and duty of this magis- 
trate, extends to an almost infinite number of 
instances, specified in some hundreds of acts 
ot parliament, and every year accumulating. 
The commission of the peace does not de- 
termine by the demise of the king, nor until 
six months after, unless sooner determined by 
the successor : but before his demise, the 
king may determine it, or may put out any 
particular per.- on ; which is most commonly 
done by a new commission, leaving out such 
person 's name. 
Justices of the peace can only be appoint- 
ed by the king’s special commission, and such 
commission must be in his name ; but it is 
not requisite that there should be a special 
suit or application to, or warrant from, the 
king for the granting thereof, which is only 
requisite for such as are of a particular na- 
ture ; as constituting the mayor of such a 
town, and his successors, perpetual justices 
of the peace within their liberties, &c. which 
commissions are neither revocable by the king, 
nor determinable by his demise, as the com- 
mon commission of the peace is, winch is 
made of course by the lord chancellor, ac- 
cording to his discretion. 1 Lev. 219. 
The form of the commission of the peace, 
as it is at this day, was, according to Haw- 
kins, settled by the judges about the 23 Eliz. 
4 lust. 471. 
Qualifications. On renewing the commis- 
sion of the peace (which generally happens 
when any person is newly brought into the 
same), a writ of dedimus potestatem is issued' 
out of chancery to take the oath of hint 
who is newly inserted, which is usually iu a 
schedule annexed ; and to certify the same 
into that court at such a day as the writ com- 
mands. Unto which oath are usually an- 
nexed the oaths of allegiance and supremacy. 
Lamb. 53. 
Jurisdiction. It seems now to be settled, 
that justices of the peace have no power to 
hear and determine felonies, unless they are 
authorized so to do by the express words of 
their commissions ; and that their jurisdic- 
tions to hear and determine murder, 
manslaughter, and other felonies and tres- 
passes, is by force of the word assignavimus 
iu their commission, which gives them, or 
two of them (whereof one is of the quorum \ 
power to hear and determine felonies, &c, 
2 Haw. P. C. 38. And hence it has been 
lately adjudged, that the caption of an in- 
dictment of trespass before justices of the 
peace, without adding, necnon ad diversas 
felonias, &c, assignat, is naught. Trim 7 G. 
I. in B. R. But though justices of the peace,, 
by force of their commission, have authority 
to hear and determine murder and man- 
slaughter, yet they seldom exercise a juris-, 
diction herein, or in any other offences in 
which clergy is taken away, for two reasons s 
1 . By reason of the monition and clause in 
their commission, viz. in cases of difficulty to 
expect the presence of the justices of assize, 
2. By the direction ot the statute of 1 and 2 
P. and M. c. 13, which directs justices of the 
