KFLCC Kingdom Law 2nd Ed.

PARTICULAR

876

PARS

PARS. Lat A part; a party to a deed, action, or legal proceeding. —Pars enitia. In old English law. The priv ilege or portion of the eldest daughter in the partition of lands by lot.— Pars gravata. In old practice. A party aggrieved; the party ag grieved. Hardr. 50; 3 Leon. 237.— Par» pro toto. Part for the whole; the name of a part used to represent the whole; as the roof for the house, ten spears for ten armed men, etc. —Pars rationabilis. That part of a man's goods which the law gave to his widow and chil dren. 2 Bl. Comm. 492.— Pars rea. A party defendant. St. Marlbr. c. 13.— Pars viscerum matris. Part of the bowels of the mother; i. e., an unborn child. PARSON. The rector of a church; one that has full possession of all the rights of a parochial church. The appellation of "par son," however It may be depreciated by familiar, clownish, and indiscriminate use, is the most legal, most beneficial, and most honorable title that a parish priest can en joy, because such a one, Sir Edward Coke observes, and he only, is said vicem sen per sonam ecclesice gerere, (to represent and bear the person of the church.) 1 Bl. Comm. 384. —Parson imparsonee. In English law. A clerk or parson in full possession of a benefice. .Cowell.— Parson mortal. A rector instituted and inducted for his own life. But any collegi ate or conventional body, to whom a church was forever appropriated, was termed "persona immortalis." Wharton. 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 minister. Mozley & Whitley. See Wells' Estate v. Congregational Church, 63 Vt. 116, 21 Atl. 270; Everett v. First Presbyterian Church, 53 N. J. Eq. 500, 32 Atl. 747; Reeves v. Reeves, 5 Lea (Tenn.) 644. 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. Cairo v. Bross, 9 111. App. 406. —Part and pertinent. In the Scotch law of conveyancing. Formal words equivalent to the English "appurtenances." Bell. As to part "Owner," "Payment," and "Per formance," see those titles. 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 be ing 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 quacumque integrante sublata, tollitnr totum. An integral part being taken away, the whole is taken away. 8 Coke, 41. Partem aliquam recte intelligere ne mo potest, anteqnam 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 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 a fine which had been levied by a stranger. 2 Bl. Comm. 357; 1 P. Wms. 520. PARTIAL. Relating to or constituting a part; not complete; not entire or universal. —Partial account. An account of an exec utor, administrator, guardian, etc., not exhibit ing his entire dealings with the estate or fund from his appointment to final settlement, but covering only a portion of the time or of the estate. See Marshall v. Coleman, 187 111. 556, 58 N. E. 628.— Partial average. Another name for particular average. See AVEBAGK. And see Peters v. Warren Ins. Co., 19 Fed. Cas. 370.— Partial evidence. See EVIDENCE.— Partial insanity. Mental unsoundness al ways existing, although only occasionally mani fest; monomania. 3 Add. 79.— Partial loss. See Loss.— Partial verdict. See VEBDICT. PARTIARIUS. Lat. In Roman law. A legatee who was entitled, by the directions of the will, to receive a share or portion of the inheritance left to the heir. PARTICEPS. Lat. A participant; a sharer; anciently, a part owner, or parcener. — Particeps criminis. A participant in a crime; an accomplice. One who shares or co-operates in a criminal offense, tort, or fraud. Alberger v. White, 117 Mo. 347, 23 S. W. 92; State v. Fox, 70 N. J. Law, 353, 57 Atl. 270. Participes plures sunt 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. This term, as used in law, is almost always opposed to "general," and means either individual, local, partial, special, or belonging to a single person, place, or thing. — Particular statement. This term, in use in Pennsylvania, denotes a statement which a plaintiff may be required to file, exhibiting in detail the items of his claim, (or its nature, if