Blacks Law Dict. 1st ed

873

PARTICULAR CUSTOM

PARTITION, DEED OF

which is called, in England, the "particulars* of the charges. PARTICULARS OF SALE. When property such as land, houses, shares, rever sions, etc., is to be sold by auction, it is us ually described in a document called the "particulars," copies of which are distributed among intending bidders. They should fair ly and accurately describe the property. Dart, Vend. 113; 1 Dav. Conv. 511. PARTIDA. Span. Part; a part. See LAS PARTIDA8. PARTIES. The persons who take part in the performance of any act, or who are di rectly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. In the Roman civil law, the parties were desig nated as " actor " and " reus. " In the common law, they are called "plaintiff" and "defendant;" in real actions," demandant" and " tenant;" in equity, "complainant" or "plaintiff" and "defendant;" in Scotch law, "pursuer" and "defender;" in admi ralty practice, "libelant" and "respondent;" in ap peals, "appellant" and "respondent," sometimes, "plaintiff in error" and "defendant in error;" in criminal proceedings, "prosecutor" and "prison er." PARTIES AND PRIVIES. Parties to a deed or contract are those with whom the deed or contract is actually made or entered into. By the term "privies," as applied to contracts, is frequently meant those between whom the contract is mutually binding, al though not literally parties to such contract. Thus, in the case of a lease, the lessor and lessee are both parties and privies, the con tract being literally made between the two, and also being mutually binding; but, if the lessee assign bis interest to a third party, then a privity arises between the assignee and the original lessor, although such as signee is not literally a party to the original lease. Brown. PARTITIO. In the civil law. Partition; division. This word did not always signify dimidium, a dividing into halves. Dig. 50, 16, 164, 1. PARTITION. The dividing of lands held by joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any division of real or personal property between co-owners or co propnetozs. PARTITION, DEED OF. In convey ancing. A species of primary or original

PARTICULAR CUSTOM. A custom which only affects the inhabitants of some particular district. 1 Bl. Comm. 74. PARTICULAR ESTATE. A limited estate which is taken out of the fee, and which precedes a remainder; as an estate for years to A., remainder to B. for life; or an estate for life to A., remainder to B. in tail. This precedent estate is called the "partic ular estate," and the tenant of such estate is called the "particulartenant." 2 Bl. Comm. 165. PARTICULAR LIEN. A specific lien on the particular goods in a tradesman's hands, for the value of work done upon them. Cross, Liens, 24. A right to retain a certain chattel from the owner, until a certain claim upon it (generally a bailee's claim for work done upon or in relation to the property) be satisfied. 2 Steph. Comm. 132. PARTICULAR MALICE. Malice di rected against a paiticular individual; ill will; a grudge; a desire to be revenged on a particular person. 11 Ired. 261. PARTICULAR STATEMENT. This term, in use in Pennsylvania, denotes a state ment which a plaintiff may be required to file, exhibiting in detail the items of his claim, (or ite nature, if single,) with the dates and sums. It is a species of declaration, but is informal and not required to be methodical. 6 Serg. & R. 28. PARTICULAR TENANT. The ten ant of a particular estate. 2 Bl. Comm. 274. See PARTICULAR ESTATE. PARTICULARITY, in a pleading, affi davit, or the like, is the detailed statement of particulars. PARTICULARS. The details of a claim, or the separate items of an account. When these are stated in an orderly form, for the information of a defendant, the statement is called a "bill of particulars," (q v.) PARTICULARS OP BREACHES AND OBJECTIONS. In an action brought, in England, for the infringement of letters patent, the plaintiff is bound to deliv er with his declaration (now with his state ment of claim) particulars (L e., details) of the breaches which he complains of. Sweet. PARTICULARS OF CRIMINAL CHARGES. A prosecutor, when a charge is general, is frequently ordeied to give the defendant a statement of the acts charged,

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