Parol

Not under seal, or not in writing. Parol is often used as if precisely equivalent to "oral" and "verbal." We think, however, there is justification in usage, and very great convenience in distinguishing the various words in this group, as follows: Verbal should mean that which is embodied in language, as distinguished frpm that which is implied, inferred, or imputed, and irrespective of whether the language is written or not. Oral should mean that which has been expressed in speech only, and not embodied in writing: it negatives writing. Parol should mean that which may or may not be in writing, but which need not be in writing; the writing is accidental, not a prescribed or necessary formality. Thus slander is properly called oral, for it is necessarily in word of mouth only; if written, it ceases to be slander. Parol evidence to vary a contract is a proper expression; for the idea is, any evidence, either narratives of witnesses or matters appearing by other independent papers. The rule that in certain cases parol evidence may be received, does not confine the party to oral testimony, but allows any legitimate evidence outside the writing in controversy. Contracts which do not require a seal, and may be valid whether in writing or by word of mouth, are properly classed as parol; for the idea is to treat the writing as unimportant, not to deny it. But the usage is not strictly uniform. And there are some connections in which the want of any noun corresponding to oral renders it natural to use parol in its original signification of speech. Thus, where the English statute of frauds declares that all leases, or any uncertain interest in lands, "created by livery only, or by parol, and not put in writing and signed," shall have the effect of estates at will only, one cannot well substitute "oral" for "parol" (though "by parol ' ' might be replaced by ' ' orally "), although the thought negatives writing, The pleadings in an action are also, in our old law French, denominated the parol, because they were formerly actual viva voce pleadings in court, and not mere written allegations, as at present. Brown. Parol agreement. This phrase is sometimes used to signify an agreement by word of mouth. That notion is better expressed by oral agreement; and parol agreement may well, and usually does, include writings not under seal, as weU as oral engagements; since at common law, prior to the statute of frauds, there. was no difierence between an agreement by word of mouth and one in writing, without seal.

Parol arrest

An arrest, ordered by a court or magistrate, of a person who has committed an ofience, such as an assault or contempt, in open court, so that the judge acts upon his own vision, and without need of any written complaint or proof, is a parol arrest.

Parol demurrer

A plea interposed to stop or stay the pleadings in an action. In many real actions brought by or against an infant under the age of twenty-one years, and also in actions of debt brought against him, as heir to any deceased ancestor, either party may suggest the nonage of the infant, and pray that the proceedings may be deferred till his full age, or (in our legal phrase ) that the infant may have his age, and that " the parol may demur," that is, that the pleadings may be stayed; and then they shall not proceed till his full age, unless it be apparent that he cannot be prejudiced thereby. This plea of parol demurrer was abolished by Stat. 11 Geo. IV. & 1 Wm. IV. ch. 47, as to proceedings under that statute, wiiich are chiefly decrees for the sale of real estate to pay debts. But since the trustee act, 1850, and trustee extension act, 1852, a resort to the last-mentioned statute is seldom necessary. Brown. Parol evidence. Evidence that need not be in writing; or, when the construction or effect of any particular instrument is in question, evidence independent of that instrament. Documentary evidence must be embodied in writing, oral evidence is by word of mouth, parol evidence is such as may be either: the writing is unimportant.