PREMIUM PUDICITIAE
(bouvier) | PREMIUM PUDICITIAE, contracts. Literally the price of chastity.
2. This is the consideration of a contract by which a man promises to
pay to a woman with whom he has illicit intercourse a certain sum of money.
When the contract is made as the payment of past cohabitation, as between
the parties, it is good, and will be enforced against the obligor, his
heirs, executors and administrators, but it cannot be paid, on a deficiency
of assets, until all creditors are paid, though it has a preference over the
heir, next of kin, or devisee. If the contract be for future cohabitation,
it is void. Chit. Contr. 215; 1 Story, Eq. Jur. Sec. 296; 5 Ves. 286; 2 P.
Wms. 432; 1 Black. R. 517; 3 Burr. 1568; 1 Fonb. Eq, B. 1, a. 4, Sec. 4, and
notes s and y; 1 Ball & Beat. 360; 7 Ves. 470; 11 Ves. 535; Rob. Fraud.
Conv. 428; Cas. Temp. Talb. 153; and the cases there cited; 6 Ham. R. 21; 5
Cowen, R. 253; Harper, R. 201; 3 Mont. R. 35; 2 Rev. Const. Ct; 279; 11
Mass. R. 368; 2 N. & M. 251.
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