Blacks Law Dict. 1st ed

PARTICULAR AVERAGE

PARSON A.GE

872

fine which bad been levied by a stranger. Bl. Cotnm. 357; 1 P. Wms. 52a P A R T I A L INSANITY. Mental un soundness always existing, although only oc casionally manifest; monomania. 3 Add. 79. PARTIAL LOSS. A loss of a part of a thing or of its value, or any damage not amounting (actually or constructively) to its entire destruction; as contrasted with total loss. Partial loss is one in which the damage done to the thing insured is not so complete as to amount to a total loss, either actual or constructive. In every such case the underwriter is liable to pay such proportion of the sum which would be pay« able on total loss as the damage sustained by the subject of insurance bears to the whole value at the time of insurance. 3 Steph. Comm. 132,133; Crump, Ins. § 331; Mozley & Whitley. Partial loss implies a damage sustained by the ship or cargo, which falls upon the respective owners of the property so damaged; and, when happening from any peril insured against by the policy, the owners are to be indemnified by the un derwriters, unless in cases excepted by the express terms of the policy. 4 Mass. 548. The terms "partial loss" and "average" are un derstood, in this country, to mean the same thing. "Partial loss" includes both general and particu lar average. 4 Wend. 33, 39. PARTICEPS. Lat. A participant; a sharer; anciently, a part owner, or parcener. PARTICEPS tJRIMINIS. A partici pant in a crime; an accomplice. One who shares or co-operates in a criminal offense* tort, or fraud. Participes plures aunt quasi unum corpus in eo quod unum jus habent, et oportet quod corpus sit integrum, et quod in nulla parte sit defectus. Co Litt. 4. Many parceners are as one body, inasmuch as they have one right, and it is necessary that the body be perfect, and that there be a defect in no part. PARTICULA. A small piece of land. PARTICULAR AVERAGE. In the law of insurance. Every kind of expense or damage short of a total loss which regards a particular concern, and which is to be borne by the proprietors of that concern alone. A loss borne wholly by the party upon whose property it takes place; so called in distinc tion from a general average, for which dif ferent parties contribute. 2 Phil. Ins. 191. Particular average is the damage or loss, short of total, falling directly upon specific property; while general average is the liability of property to contribute to the loss of or damage to something else. 3 Bosw. 385, 395.

PARSONAGE. A certain portion of lands, tithes, and offerings, established by law, for the maintenance of the minister who has the cure of souls. Tomlins. The word is more generally used for the house set apart for the residence of the min ibter. Mozley & Whitley. PART. A portion, share, or purpart. One of two duplicate originals of a convey ance or covenant, the other being called "counterpart." Also, in composition, partial or incomplete; as part payment, part per formance. PART AND PERTINENT. In the Scotch law of conveyancing. Formal words equivalent to the English "appurtenances." Bell. PART OWNERS. Joint owners; co owners; those who have shares of ownership in the same thing, particularly a vessel. PART PAYMENT. The reduction of any debt or demand by the payment of a sum less than the whole amount originally due. PART PERFORMANCE. The doing some portion, yet not the whole, of what ei ther party to a contract has agieed to do. PARTAGE. In French law. A division made between co-proprietors of a particular estate held by them in common. It is the operation by means of which the goods of a succession are divided among the co-heirs; while licitation (q. v.) is an adjudication to the highest bidder of objects which are not divisible. Duverger. PARTE INAUDITA. Lat. One side being unheard. Spoken of any action which is taken ex parte. PARTE NON COMPARENTE. Lat. The party not having appeared* The con dition of a cause called "default." Parte quaeumque integrante sublata, tollitur totum. An integral part being taken away, the whole is taken away 8 Coke, 41. Partem aliquam recte intelligere ne mo potest, antequam totum, iterum at que iterum, perlegerit. 3 Coke, 52. No one can rightly understand any part until he has read the whole again and again. PARTES FINIS NIHIL HABUE RUNT. In old pleading. The parties to the fine had nothing; that is, had no estate which could be conveyed by it. A plea to a

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