Blacks Law Dict. 1st ed

PARTURITION

PARVUM CAPE

875

their own name or firm, on condition of re ceiving a share in the profits, in the propor tion determined by the contract, and of being liable to losses and expenses to the amount furnished and no more. Civil Code La. art. 2839. PABTUBITION. The act of giving birth to a child. P A R T U S . Lat. Child; offspring; the child just before it is born, or im mediately after its birth. Partus ex legitimo thoro non certius noscit matrem quam genitorem suum. Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father. Partus sequitur ventrem. The off spring follows the mother; the brood of an animal belongs to the owner of the dam; the offspring of a slave belongs to the owner of the mother, or follow the condition of the mother. A maxim of the civil law, which has been adopted in the law of England in regard to animals, though never allowed in the case of human beings. 2 Bl. Couam. 390, 94; Fortes. 42. PARTY. A person concerned or having or taking part in any affair, matter, transac tion, or proceeding, considered individually. The term "parties" includes all persons who are directly interested in the subject-matter in issue, who have a right to make defense, control the pro ceedings, or appeal from the judgment. Stran gers are persons who do not possess these rights. 52 N. H. 162. "Party" is a technical word, and has a precise meaning in legal parlance. By it is understood he or they by or against whom a suit is brought, whether in law or equity; the party plaintiff or defendant, whether composed of one or more indi viduals, and whether natural or legal persons, (they are parties in the writ, and parties on the record;) and all others who may be affected by the suit, indirectly or consequentially, are persons interested, but not parties. 4 Pick. 405; 21 Me. 431. PARTY AND PARTY. This phrase signifies the contending parties in an action; i. e., the plaintiff and defendant, as distin guished from the attorney and his client. It is used in connection with the subject of costs, which are differently taxed between party and party and between attorney and client. Brown. PABTY JURY. A jury de medietate linguat, (which title see.) PARTY STRUCTURE is a structure separating buildings, stories, or rooms which

belong to different owners, or which are ap proached by distinct staircases or separate entrances from without, whether the same be a partition, arch, floor, or other structure. (St. 18 & 19 Viet, c 122, § 3.) Mozley ft Whitley. PARTY-WALL. A wall built partly on the land of one owner, and partly on the land of another, for the common benefit of both in supporting timbers used in the construc tion of contiguous buildings. 40 Md. 19. In the primary and most ordinary meaning of the term, a party-wall is (1) a wall of which the two adjoining owners are tenants in common. But it may also mean (2) a wall divided longitud inally into two strips, one belonging to each of the neighboring owners; (8) a wall which belongs entirely to one of the adjoining owners, but is sub ject to an easement or right in the other to have it maintained as a dividing wall between the two tenements, (the term is so used in some of the En glish building acts;) or (4) a wall divided longi tudinally into two moieties, each moiety being subject to a cross-easement in favor of the owner of the other moiety. Sweet. PARUM. Lat. Little; but little. Parum cavet natura. Nature takes lit tle heed. 2 Johns. Cas. 127, 166. PARUM CAVISSE VIDETUR. Lat. In Roman law. He seems to have taken too little care; he seems to have been incautious, or not sufficiently upon his guard. A form of expression used by the judge or magis trate in pronouncing sentence of death upon a criminal. Festus, 325; Tayl. Civil Law, 81; 4 Bl. Comrn. 362, note. Parum difFerunt quse re concordant. 2 Bulst. 86. Things which agree in sub stance differ but little. Parum est latam esse sententiam nisi mandetur executioni. It is little [or to little purpose] that judgment be given un less it be committed to execution. Co. Litfc. 289. Parum proflcit scire quid fieri debet, si non cognoscas quomodo sit facturum. 2 Inst. 503. It profits little to know what ought to be done, if you do not know how it is to be done. PARVA SERJEANTIA. Petty ser jeanty, (q. v.) PARVISE. An afternoon's exercise or moot for the instruction of young students, bearing the same name originally with the Parvisioe (little-go) of Oxford. Wharton. PARVUM CAPE. See PETIT CAPB.

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