KFLCC Kingdom Law 2nd Ed.

878

PARVI8E

PARTNERSHIP

ties. A term used to include all persons whs are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. Morrison T. Trudeau (La.) 1 Mart (N. S.) 384. Relating or belonging to, or composed of, two or more parts or portions, or two or more persons or classes of persons. —Party jury. A jury de medietate lingua; (which title see.)—Party structure is a struc ture separating buildings, stories, or rooms which belong to different owners, or which are approached by distinct staircases or separate entrances from without, whether the same be a partition, arch, floor, or other structure. (St 18 & 19 Vict. c. 122, § 3.) Mozley & 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 construction of contiguous buildings. Brown v. Werner, 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 longi tudinally into two strips, one belonging to each of the neighboring owners; (3) a wall which belongs entirely to one of the adjoining owners, but is subject 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 English building acts;) or (4) a wall divided longitudinally 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 eavet natura. Nature takes lit tle heed. Vandenheuvel v. United Ins. Co., 2 Johns. Cas. (N. Y.) 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. Comm. 362, note. Parum differunt quae re concordant. 2 Bulst. 86. Things which agree in sub stance differ but little. Parum est latam esse sententiam nisi mandetur execution!. It is little [or to little purpose] that judgment be given un less it be committed to execution. Co. Litt. 289. Parum proficit scire qnid fieri debet, si non cognoscas qnomodo 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 serjeanty, (Q. v.) PARVISE. An afternoon's exercise or moot for the instruction of young students, bearing the same name originally with the Parvisice (little-go) of Oxford. Wharton. PARTY, adj.

branch of business, as distinguished from the general business of the parties, or for one par ticular venture or subject. Bigelow v. Elliot, 3 Fed. Cas. 351. Under statutes. A limited partnership, (q. v.)— Subpartnersbip. One formed where one partner in a firm makes a stranger a partner with him in his share of the profits of that firm.—Universal partner ship. One in which the partners jointly agree to contribute to the common fund of the part nership the whole of their property, of what ever character, and future, as well as present. Poth. Soci*t4, 29; Civ. Code La. 1900, art 2829. PARTURITION. The act of giving birth to a child. Child; offspring; the child just before it is born, or immediately after its birth. Partus ex legitimo thoro non certius noscit matrem quaxn genitorem ninm. Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father. Partus sequitur ventrem. The offspring follows the mother; the brood of an animal belongs to the owner of the dam; the off spring 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. Comm. 390, 94; Fortes. 42. PARTY. A person concerned or having or taking part in any affair, matter, transac tion, or proceeding, considered individually. See PARTIES. 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 proceedings, or appeal from the judgment. Strangers are persons who do not possess these rights. Hunt v. Haven, 52 N. H. 162. "Party" is a technical word, and has a pre cise meaning in legal parlance. By it is under stood 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 individuals, 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 consequen tially, are persons interested, but not parties. Merchants' Bank v. Cook, 4 Pick. 405. —Party and party. This phrase signifies the contending parties in an action; *. e., the plain tiff and defendant, as distinguished from the at torney and his client It is used in connection with the subject of costs, which are differently taxed between party and party and between at torney and client. Brown.—Real party. In statutes requiring suits to be brought in the name of the "real party in interest, this term means the person who is actually and substan tially interested in the subject-matter, as dis tinguished from one who has only a nominal, formal, or technical interest in it or connection with it Hoagland v. Van Etten, 22 Neb. 681, 35 N. W. 870; Gruber v. Baker, 20 Nev. 453, ,23 Pac. 858, 9 L. R. A. 802*; Chew v. Brumag en, 13 Wall. 504, 20 L. Ed. 663.—Third par PARTUS. Lat