PECUNIA

Lat. Originally and radically, property in cattle, or cattle themselves. So called because the wealth of the ancients consisted in cattle. Co. Litt. 2076. In the civil law. Property In general, real or personal; anything that Is actually the subject of private property. In a narrower sense, personal property; fungible things. In the strictest sense, money. This has become the prevalent, and almost the exclusive, meaning of the word. In old English law. Goods and chattels. Spelman. Pecunia constituta. In Roman law. Money owing (even upon a moral obligation) upon a day being fixed {constitute) for its payment, became recoverable upon the implied promise to pay on that day, in an action called “de pecunia constituta,” the implied promise not amounting (of course) to a stipulatio. Brown. Pecunia non nnmerata. In the civil law. Money not paid. The subject of an exception or plea in certain cases. Inst. 4, 13, 2. Pecunia nnmerata. Money numbered or counted out; i.e., given in payment of a debt. Pecunia sepulchralis. Money anciently paid to the priest at the opening of a grave for the good of the deceased’s soul. Pecunia trajectitia. In the civil law. A loan in money, or in wares which the debtor purchases with the money to be sent by sea, and whereby the creditor, according to the contract, assumes the risk of the loss from the day of the departure of the vessel till the day of her arrival at her port of destination. Interest does not necessarily arise from this loan, but when is stipulated for it is termed “nauticum faenus,” (maritime interest,) and, because of the risk which the creditor assumes, he is permitted to receive a higher interest than usual. Mackeld. Rom. Law,