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S., 57 Fed

Categories: Criminal Law

Definition (1910 Edition)

490, 6 ©. C. A. 459; Atlanta v, Chattanooga Foundry & Pipe Works, 127 Fed. 23. 61 C. C. A. 387, 64 L. R. A. 721.—FPenal bill. An instrument formerly in use, by which a party bound himself to pay a certain sum or sums of money, or to do certain acts, or, in default thereof, to pay a certain specified sum by way of penalty; thence termed a “penal sum.” These instruments have been superseded by the use of a bond in a penal sum, with conditions. Brown.—Penal bond. A bond promising to pay a named eum of money (the ir? alty) with a condition underwritten that, if a stipulated collateral thing, other than the payment of money, be done or forborne, as the case may be, the obligation shall be void. Burnside v. Wand, 170 Mo. 531, 71 S. W. 3887. 62 L. R. A. 427.—FPenal clause. A penal clause is a secondary obligation, entered into for the purpose of enforcing the performance of a primary obligation. Civ. Code La. art. 2117. Also a clause in a statute declaring a penal for a violation of the preceding clauses.-F laws. Those which prohibit an act and im a penalty for the commission of it. 2 Cro. Jac. 415. Strictly and properly speaking, a penal law is one imposing a penalty or punishment (and properly a pecuniary fine or mulct) for some offense of a public nature or wrong committed against the state. Sackett v. Sackett, 8
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.