Page:Black's Law Dictionary (Second Edition).djvu/883

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PARS

PARS. Lat. A part; 11 party to a deed, action, or legal proceeding. —Ps.i-s enitia. In old English law. The priv- flpgi ur portion of the eliltst daughter in the partiliun of lands by lut.—Pn.rs grnvntn. in old practice. A party aggrieved: the party og- zrieived. Hardr. 50: 3 Leon. 23i.—Pars pro tcto Port for the whole; the name of H. flilll. used to represent the whole: as the roof for the house. ten spears for ten armed men, etc. —Pa:-ii rntionnbilis. That part of a man's Ills \\i]iLl] the law gave to his widow and chil- . Bl. Comm. -i$)2.-—Pure x-ea. 1|:-r-niiant. st. Marlbr. c. 13.—Pnni viacerilm inati-is. Part of the bowels of the mother; i, 6., an unborn child.

PARSON. The rector of a church: one that has full possession of all the rights of ii parochial church. The appellation of “par son," however it may he depreciated by hnilllar. clowuish, 11nd indiscriminate use, is tho most legal, most beneficial, and most honorable title that 11 parish priest can en- joy. because such 11 one, Sir Edward Col.e uliservcs, and he only, is said ‘i‘iCe1ll sail per- Itolllilll 1-tvcleaitzr uerere. (to i-cpresieiit and hear the person of the church.) 1 Bl. Comm. 354. —Ps.i-son imparsonee. In English law. A l'l(‘l'l.l or p:1rs-un in fuli possession of a beneficc. Coi\rll.—Pnrson mortal. A rnctor instituted nnd inducted for his own life. But iiriy collegi- ate or conventional body, to whom a church was for:-ver appropriated, was termed "persona i'm1nortulis." Wharton.

PAESONAGE. A certain portion of lands. tithes, and olfterings. established hy law, for the maintenance of the minister who has the cure of souls. Toinlins.

The word is more generally used for the house set apart for the residence of the minister. Mozley & Whitley. See Wells’ Fstlfe v. Congregational Church. 623 Vt. 116, 21 Ati. 270: Everett v. First Preshrterinn Church. 53 N. J. Eq. 500, 32 Atl. 747; Reeves v. Reeves, 5 Les (Tenn.) 644.

PART. A portion. share, or purpsrt. One of two duplicate originals of 11 convey- ance or covenant, the other being called “roiinterp:1rL" Also. i.n composition, partial or lI.1c<)n.iplete: as part payment, part per fui-niauce. Cairo v. Bross, 9 Ill. App. 406. —Ps.rt and pertinent. In the Scotch law 11! coniciaiicing. Formal words equivalent to tho English “appurteuances." Bell.

As to part ‘‘owner,'‘ ‘Payment, and “Perfn1'n1anr'e1" see those titles.

PARTAGE.}} In French law. A division made between co-proprietors of a particular estate held by them i.1i common. it is the operntion by means of which the goods of a surres on are divided nmong the co-heirs: while licitation (q. 17.) iz 11n adjudication to the highest hidder of ohjects which are not dlvisilile. Dnverger.

PART}: INAUDXTA. Lat. One side but lug unheard. Spoken of any action which is taken em parts.

875

PARTICULAR PARTE NON COMPARENTE. Lat. The party not having appeared. The con-

dition of a cause called “default."

Purte quaenmqne integrante snlilatn. tollitur totum. An integral part hcing taken away, the whole is taken away. 8 Coke, 41.

Purtem nliqunm x-ecte intelligere no- mo potent, nntequnm totum. itex-um at- que ltex-um, perlegerit. 3 Cake. 52. No one can rightly understand any part until he has read the whole again and again.

PARTES PINKS NI]-III. HABUERUNT. In old pleading. The parties to the fine had nothing; that is. had no estate which could be conveyed by it. A plea to 11 fine which had been levied by 11 stranger. 2 Bl. Comm. 3.11: 1 P. ‘Vina. 520.

PARTIAL. Relating to or constituting a part; not complete; not entire or universal.

—Pau-ti:-il account. An account of an exec- utor. adniinislr.-imr. guardian. ctc., not exhibitin: his entire iluiilings with the estate or fund from his iippniiitinr-iit to final settlement, but covering only :1 portion of the lime or of the estate See llliisli.-ill v. Coleman, 187 Ill. 556, 58 N E. llZ’R.—P:u-tial average. Another name for p:1i'liriil:i1- av:-rage. See AVERAGE. And see Peters v. Warri-n Ins. Co.. 19 Fed. Cas. 37(I—Pnrtial evidence. See EVlDi<:NCE.— Partial insanity. Mental uusoundness al- viays existing. allhougli nrily occasionally muni- fcst: m«inr)iu.ii1i:i. 3 Add. ’i9.—Partinl losl.

See Loss.—Partia.1 verdict. See VERDICT.

PARTXARIUS. Lat. InItoni11n law. A lcgatee who was entitled, by the directions

or the will. to receive a share or portion or the inheritance left to the heir.

PARTIIJEPS. Lat. A participant; n shaner: niiciently. 11 part owner, or pnrcener. —Partieeps criminis. A participant in a crime: an accomplice. One who shares or co-Operates in :1 criininal oifense, tort, or fraud Allierger v. White. 117 Mo. 3-17, 23 S. ‘V State v. Fox, 70 N. J. Law, 353, 57 Atl. 2

Purticipee plures aunt quasi unum corpus in en quad unum jus liabent, et oportet quad corpus sit integriun, at quad Ln nulln. pnrte sit defectus. Co. Litt. 4. Many parcencrs are as one body. inasmuch as they have one right, 11nd it is necessary that the body be perfect, and that there be 11 defect in no part.

PARTICULA. A small piece or land.

PARTICULAR. This term, 11s used in law. is almost always opposed to "general." and means either individual. local. partial, special, or belonging to 11 single person. place, or thing.

—PnrticuJ.nr statement. This term. in use in Pennsylvania. denotes a statement which I plainlitr may be required to iile, e.\'.hihillng in

detail the items of his claim, (or its nature, it