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PARTOWNERS. Persons who hold real or personal property by the same title, either as tenants in common, joint tenants, or coparceners. They are sometimes called guasi partners and differ from partners in this, that they are either joint owners, or tenants in common, each having an independent, although an undivided interest in the property; neither can transfer or dispose of the whole property, nor act for the others in relation to it, but merely for his own share, and to the extent of his own several right and interest.

2. In joint tenancy of goods or chattels, it is true, the joint tenants are seized per my et per tout; but still each one has an independent, and to a certain extent a distinct right during his lifetime, which he can dispose of and sever the tenancy.

3. Tenants in common hold undivided portions of the property by several titles, or in several rights, although by one title. Their possession, however, they hold in common and undivided. Whereas, in partnerships, the partners are joint owners of the property, and each has a right to sell or dispose of the whole, unless otherwise provided for in the articles of partnership. Colly. Partn. 86; Wats. Partn. 66; Story, Partn. 91.

4. At common law, each of the owners of a chattel has an equal title and right to possess and use it; and in the case of common cbattels the law has generally left this right to the free discretion of the several owners but in regard to ships, the common law has adopted and followed' out the doctrine of the courts of admiralty. It authorizes the majority in value and interest to employ the ship upon any probable design. This is done, not without guarding the rights, of the minority. When the majority desire to employ a ship upon any particular voyage or adventure, they have a right to do so, upon giving security by stipulation to the minority, if required, to bring back and restore the ship to them, or in case of her loss, to pay them the value of their shares. Abbott, Shipp. 70; 3 Kent Com. 151, 4th ed.; 2 Bro. Civ. Law, 131; Molloy, B. 2, c. 1, 3; 2 Pet. Adm. R. 288; Story, Partn. 428 11 Pet. R. 175. When the majority do not choose to employ the ship, the minority have the same right, upon giving similar security. 11 Pet. R. 175; 1 Hagg. Adm. R. 306; Jacobi: Sea Laws, 442.

5. When part owners are equally divided as to the employment, upon any particular voyage, the courts of admiralty have man fested a disposition to support the right of the court to order a sale of the ship. Story Partn. 439; Bee's Adm. R. 2; Gilpin, R. 10; 18 Am. Jur. 486.

PARTURITION. The act of giving birth to a child.

2. Sometimes questions arise how far means may be employed to promote par turition, which cause, or are likely to cause others in relation to it, but merely for his own share, and to the extent of his own several right and interest.

3. In joint tenancy of goods or chattels, it is truej tbd joint tenants are so ized per my et per toitt, but still each one has an independent, and to a certain extent a distinct right during his lifetime, which he can dispose of and sever the tenancy.

3. Tenants in common hold undivided portions of the, property by several titles, or in several rights, although by one title. Their possession, bowever, they hold in common and undivided. Whereas, in partnerships, the partners are joint owners of the property, and each has a right to sell or dispose of the whole, unless otherwise provided for in the articles of partnership. Colly. Partn. 86; Wats. Partn. 66; Story Partn. 91.

4. At common law, etch of the owners of a ebattel has an equal title and right to possess and use it; and in the case of common chattels the law has generally, left this right to the free discretion of the several owners, but in regard to ships, the common law has adopted and followed out the doctrine of the courts of admiralty. It authorizes the majority in value and interest to employ the rehip upon any probable design. This is done, not without guarding the rights, of the minority: When the maiority desire to employ a ship upon any particular voyage or adventure, they have a right to do so, upon giving security by stipulation to the minority, if required, to bring back and restore the rbip to them, or in case of her loss, to pay them the value of their shares. Abbott, Shipp. 70; 3 Kent, Com. 151, 4th ed.; 2 Bro. Civ. Law, 131; Molloy, B. 2, c. 1, 3; 2 Pet. Adm. R. 288, Story, Partn. 428; 11 Pet. R. 175. When the majority do not choose to employ the ship, the minority have, the same right, upon 'vi" similar security. 11 Pet. R. 175; I @agg! Adm. R. 306; Jacobi. Sea Laws, 442.

6. When part owners are equally divided as to the employment, upon any particular voyage, the courts of admiralty, have manifested a disposition to support the right of the court to order a sale of the ship. Story, Partn. 439; Bee's Adm. R. 12 i Gilpili, R. 10; 18 Am. Jur. 486.

PARTURITION. Tho act of giving birth to a child

2. Sometimes questions arise bow far means may be employed to promote par-turition, which cause, or are likely to cause, the death of the foetus. These means, in cases of deformed pelvis, are abortion in the early months, by embryotomy, by symphysotomy, and by the Caesarian section. These means are justifiable to save the life of the mother, and sometimes some of them have saved the lives of both. Vide Caesarian operation; Delivery; Pregnancy.

PARTUS. The child just before it is born, or immediately after its birth. Before birth the partus is considered as a portion of the mother. Dig. 25, 4, 1, 1. -See Birth; Foetus; Proles; Prolicide.

PARTY, practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Vide Parties to contrads; Parties to 'actions; Parties to a suit in equity.

PARTY-JURY. An ancient word used to signify a jury de medietas linguae, (q. v.) or one composed one-half of natives, and the other of foreigners. Lexic. Techn. h. t.

PARTY WALL. A wall erected on the line between two adjoining estates, belonging to different persons, for the use of both estates. 2 Bouv. Inst. n. 1615.

2. Party walls are generally regulated by acts of the local legislatures. The principles of these acts generally are, that the wall shall be built equally on the lands of the adjoining owners, at their joint expense, but when only one owner wishes to use such wall, it is built at his expense, and when the other wishes to make use of it, he pays one half of its value; each owner has a right to place his joists in it, and use it for the support of his roof. When the party wall has been built, and the adjoining owner is desirous of having a deeper foundation, he has a right to undermine such wall, using due care and diligence to prevent any injury to his neighbor, and having done so, he is not answerable for any consequential damages which may ensue. 17 Jobn. R. 92; 12 Mass. 220; 2 N. H. Rep. 534. Vide 1 Dall. 346; 5 S . & R. 1.

3. When such wall exists between two buildings, belonging to different persons, and one of them takes it down with his buildings, he is required to erect another in its place in a reasonable time, and with the least inconvenience; the other owner must contribute to the expense, if the wall required repairs, but such expense will be limited to the costs of the old wall. 3 Kent, Com. 436. When the wall is taken down, it must be done with care; but it is not the duty of the person taking it down to shore up or prop the.,house of his neighbor, to prevent it from falling; if, however, the work be done with negligence, by which injury accrues to the neighboring house, an action will lie. 1 Moody & M. 362. Vide 4 C. & P. 161; 9 B. & C. 725; 12 Mass. R. 220; 4 Paige's R. 169; 1 C. & J. 20; 1 Pick. 434; 12 Mass. 220; 2 Roll., Ab. 564; 3 B. & Ad. 874; 2 Ad. &-Ell. 493 Crabb on R. P. 500. In the excellent treatise of M. Lepage, entitled "Lois des Batimens," part 1, c. 3, s. 2, art. l, will be found a very minute examination of the subject of party walls, with many cases well calculated to illustrate our law. See also Poth. Contr. de Societe, prem. app. n. 207; 2 Hill.: Ab. 119; Toull. liv. 2, t. 2, c. 3.

PASS. In the slave states this word signifies a certificate given by the master or mistress to a slave, in which it is stated that he is permitted to leave his home, with the authority of his master or mistress. The paper on which-such certificate is written is also called a pass.

PASS, practice. To be given, or entered; to proceed; as, let the judgment pass for the plaintiff.

TO PASS. To accomplish, to complete, to decide.

2. The title to goods passes by the sale whenever the parties have agreed upon the sale and the price, and nothing remains to be done to complete the agreement. 1 Bouv. Inst. n. 939.

3. When a jury decide upon the rights of the parties, which are in issue, they are said to pass upon them.

PASS BOOK, com. law. A book used by merchants with their customers, in which an entry of goods sold and delivered to a customer is made.

2. It is kept by the buyer, and sent to the merchant whenever he wishes to purchase any. article. It ought to be a counterpart of the mercbant's books, as far as regards the customer's account.

3. Among English bankers, the term pass-book is given to a small book made up from time to time, from the banker's ledger, and forwarded to the customer; this is not considered as a statement of account between the parties, yet when the customer neglects for a long time to make any objection to the correctness of the entries he will be bound by them. 2 Atk. 252; 2 Deac. & Ch. 534; 2 M. & W. 2.

PASSAGE. A way over water; a voyage made over the sea or great river; as, the Sea Gull had a quick passage: the money paid for the transportation of a person over the sea; as, my, passage to Europe was one hundred and fifty dollars.

PASSAGE MONEY, contracts. The sum claimable for the conveyance of a person with or without luggage on the water.

2. The difference between freight and passage money is this, that the former is claimable for the carriage of goods, and the latter for the carriage of the person. The same rules which govern the claim for freight affect that for passage money. 3 Chit. Com. Law, 424; 1 Pet. Adm. Dee. 126; 3 John. 335.

PASSIVE, com. law. All the sums of which one is a debtor. It is used in contradistinction to active. (q. v.) By active debts are understood those which may be employed in furnishing assets to a merchant to pay those which he owes, which are called passive debts.

PASSPORT, SEA BRIEF, or SEA LETTER, maritime law. A paper containing a permission from the neutral state to the captain or master of a ship or vessel to proceed on the voyage proposed; it usually contains his name and residence; the name, property, description, tonnage and destination of the ship; the nature and quantity of the cargo; the place from whence it comes, and its destination; with such other matters as the practice of the place requires.

2. - This document is indispensably necessary in time of war for the safety of every neutral vessel. Marsh. Ins. B. 1, c. 9, s. 6, p. 406, b.

3. In most countries of continental Europe passports are given to travellers; these are intended to protect them on their journey from all molestation, while they are obedient to the laws. Passports are also granted by the secretary of state to persons travelling abroad, certifying that they are citizens of the United States. 9 Pet. 692. Vide 1 Kent, Com. 162, 182; Merl. Repert. h. t.

 
 
 
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