The Cyclopedic Law Dictionary

The par of the currencies of any two countries means the equivalence of a certain amount of the currency of the one in the currency of the other, supposing the currency of both to

In International Law. The agreement of persons who have been taken by an enemy that they will not again take up arms against those who captured them, either for a limited time or d

Words make the plea. 6 Mod. 458; Y. B. 19 Hen. VI. 48. PARRICIDE (from Lat. pater, father, and caedere, to slay). In civil law. One who murders his father; one who murders his moth

Equal to the damage.

In the civil law. Parricide; the murder of a parent. Dig. 48. 9. 9. PARS (Lat.) A party (to a suit). Pars actrix, a party plaintiff. Reg. Orig. 9a; Fleta, lib. 2, c. 63, § 11; Gier

In old practice. A party aggrieved; the party aggrieved. Hardr. 50; 3 Leon. 237.

In ecclesiastical law. One that hath full possession of all the rights of a parochial church. So called because the church, which is an invisible body, is represented by his person

A parsonage Is a house In which a minister of the gospel resides. 189 Mich. 408.

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 (Lat. reasonable part). That par

A share; one of the portions equal or unequal into which anything is divided, or regarded as divided; a piece; a fragment, division, a member, a constituent, 9 111. App. 407; a pur

In Scotch law. A term in a conveyance including lands or servitudes held for forty years as part of, or pertinent to, lands conveyed, natural fruits before they are separated, wood

A loss of a part of a thing, or of its value, as contrasted with a total loss. In Maritime Law. Where this happens by damage to an article, it is also called a particular average (

A sharer or partaker in crime. Applied, also, to persons participating in an illegal or immoral transaction or contract not criminal. One _may he particeps criminis, and not in par

Every kind of expense or damage, short of total loss, which regards a particular concern, and which is to be wholly borne by the proprietor of that concern or interest alone. 2 Phi

See "Averment."

The assertions of particular facts. There must be an averment of every substantive material fact on which the party relies, so that if may be replied to by the opposite party. —^Ne

A custom which only affects the inhabitants of some particular district. To be good, a particular custom must have been used so long that the memory of man runneth not to the contr

An estate which is carved out of a larger, and which precedes a remainder; as, an estate for years to A., remainder to be for life; or an estate for life to A., remainder to B. in

A right which a person has to retain property in respect of money or labor expended on such particular property. See "Lien."

Malice against a particular person. See "Malice."

See "Bill of Particulars." PARTICULARS OF CRIMINAL charges. A prosecutor, when a charge is general is frequently ordered to give the defendant a statement of the acts charged, whic

When property such as land, houses, shares, reversions, etc., is to be sold by auction, it is usually described in a document called the "particulars" copies of which are distribut

In Pennsylvania pleading and practice. A statement particularly specifying the date of a promise, book account, note, bond (penal or single), bill, or all of them, on which an acti

The holder of a particular estate (q. v.).

The division whicli is made between several persons of lands, tenements, or hereditaments, or of goods and chattels, which belong to them as coheirs or coproprietors. The term is m

One who is a member of a partnership (q. v.) Ostensible Partners. Those held out and known as partners, and who in reality are such. Secret Partners. Those whose relation to the pa

The relation subsisting between two or more persons who have contracted together to share as common owners the profits of a business carried on by all or any of them on behalf of a

In Louisiana law. Partnership,m commendam is formed by a contract by which one person or partnership agrees to furnish another person or partnership a certain amount, either in pro

Those who own a thing together or in common. In Maritime Law. A term applied to two or more person who own a vessel together, and not as partners. In general, when a majority of th

The oif-spring follows the condition of the mother. Inst. 2. 1. 19. This is the law in the case of slaves and animals (1 Bouv. Inst, notes 167, 502), but with regard to freemen, ch

See "Parties."

A jury de medietate linguae (g. V.)

A structure separating buildings, stories, or rooms which belong to different owners, or which are approached by distinct staircases or separate entrances from without, whether the

A wall erected on the line _ between two adjoining estates, belonging to different persons, for the use of both estates. 2 Bouv. Inst, note 1615. It is ordinarily owned in common b

Nature takes little heed. 2 Johns. Cas. (N. Y.) 127, 166.

In Roman law. He seems to have taken too little care. A form used by judges in pronouncing sentence. PARUM DIFFERUNT QUAE RE CONcordant. Things differ but little which agree in sub

In its customary and commercial sense, with reference to exchange between different states or countries, par yalue has been defined to be "the equivalency of a certain amount of th

In Practice. To proceed; to be entered. A verdict or judgment is said "to pass for" a party where it is delivered in his favor. This term is directly taken from the old French pass

The sum claimable for the conveyance of a person, with or without luggage, on the water. The difference between freight and passage money Is this, that the former Is claimable for

An ancient writ addressed to the keepers of the ports to permit a man who had the king's leave to pass over sea. Reg. Orig. 193. PASSAGIUM(Law Lat.; Law Fr. passage, from passer, t

He who has the interest or command of the passage of a river; or a lord to whom a duty is paid for passage. Wharton.

One who has taken a place in a public conveyance for the purpose of being transported from one place to another. One who is so conveyed from one place to another. Though the relati

In the civil law. AU the sums of which one is a debtor, as distinguished from "active debt," — ^those which are owed to one; the terms being used in the same sense as "bills payabl

See "Trust." PASSIVE USE A permissive use (g. v.) PASSPORT (Pr. passer, to pass, port, harbor or gate). In Maritime Law. A paper containing a permission from the neutral state to t

Lands upon which beasts feed themselves. By a grant of pastures, the land itself passes. 1 Thomas, Co. Litt. 202.

The procuration or provision which feudal tenants were bound to make for their lords at certain times, or as often as they made a progress to their lands. It was often converted in

A grant of some privilege, property, or authority, made by the government or sovereign of a country to one or more individuals. Phil. Pat. 1. As the term was originally used in Eng

One arising from the words of an instrument, and hence obvious on its face before attempting to apply the words to the subject matter. See "Latent Ambiguity."

Letters patent granted, in England, to such barristers as the crown thinks fit to honor with that mark of distinction, whereby they are entitled to such rank and preaudience as are

A right of exclusive sale or manufacture secured by a patent.

In English law. Rolls containing the records of letters patent granted by the crown since the year 1516. The earlier of these records are deposited in the Tower, the others are in

In old practice. An open writ; one not closed or sealed up. See "Close Writs." PATER (Lat.) A father; the father. In the civil law, this word sometimes included avus (grandfather).

That which belongs to the father or comes from him; as, paternal power, paternal relation, paternal estate, paternal line. See "Line."

The authority lawfully exercised by parents over their children. See "Father."

That which descends or comes from the father and other ascendants or collaterals pf the paternal stock. Domat, tit. 3, § 2, note 11.

The state or condition of a father,

Father of the country. See "Parens Patriae." PATERNA PATERNIS (Lat. the father's to the father's). In French law. An expression used to signify that, in a succession, the property

Hanged.

In old English law. A gallows or gibbet. Pleta, lib. 2, c. 3, § 9.

In the civil law, the passive party to a transaction. The correlative term is agens. See "Agent and Patient." PATRIA (Lat.) The country; the men of the neighborhood competent to se

One guilty of killing his father. See "Parricide."

In Roman law. A nonheredltary title to nobility conferred by the emperor.

A thing which comes from the father, and, by extension, from the mother or other ancestor.

In civil law. That which is capable of being inherited. Things capable of being possessed by a single person exclusively of all others are, in the Roman or civil law, said to be in

Any kind of property; such estate as has descended in the same family; estates which have descended or been devised in a direct line from the father, and, by extension, from the mo

In Ecclesiastical Law. He who has the disposition and gift of an ecclesiastical benefice. In Roman Law. The former master of a freedman. Dig. 2. 4. 8. 1.

The right of appointing to ofiice; as, the patronage of the president of the United States, if abused, may endanger the liberties of the people. In Ecclesiastical Law. The right of

AEDIFICAtio, fundus. Endowment, building, and land make a patron. Dod. Adv. 7. PATRONUS (Lat.) In Roman law. A modification of the Latin word pater, father. A denomination applied

In old New York law. The lord of a manor. PATRUELIS (Lat.) In civil law. A cousin german by the father's side; the son or daughter of a father's brother. Dig. 38. 10. 1. PATRUUS (L

One so poor that he must be supported at the public expense. A person who, being unable to support himself or herself and his or her children, applies to the public authorities for

A contribution or tax for paving streets or highways.

A pledge. A pledge includes, in Louisiana, a pawn and an antichresis; but sometimes pawn is used as the general!, word, including pledge and antichresis. Civ. Code La. art. 3101; H

One whose business it

He who receives a pawn or pledge.

One who, being liable to an engagement, gives to the person to whom he is liable a thing to be held as a security for the payment of his debt or the fulfillment of his liability. P

A sum of money is said to be payable when a person is under an obligation to pay it. "Payable" may therefore signify an obligation to pay at a future time, but, when used without q

The person in whose favor a note or bill of exchange is made payable.

The fulfillment of a promise, or the performance of an agreement. The discharge in money of a sum due. In its most general sense, the rendition by the person under an obligation (6

Deposit of a sum of money with a proper officer of court for the benefit of the adverse party, and by way of a continuing tender thereof to him in answer to his claim.

Country. Trial per pays, trial by jury (the country). See "Pais." PEACE (Law Fr, peas,' pees; hat. pax). Quiet,_ orderly behavior; the quiet, orderly behavior of the citizens or su

The freedom from suits ^t law between the terms. Spelman; Jacob. PECCATA CONTRA NATURAM SUNT gravissima. Offenses against nature are the heaviest. 3 Inst. 20. PECCATUM PECCATO ADDI

A measure of capacity, equal to two gallons. See "Measure." PECORA (Lat.; pi. of peeus). In the Roman law. Cattle; beasts. The term included all quadrupeds that fed in flocks. Dig.

In Civil Law. The unlawful appropriation, by a depositary of public funds, of the property of the government intrusted to his care, to his own use or that of others. Domat, Supp. a

In the civil law. The offense of stealing or embezzling the public money. Hence the common English word "peculation;" but "embezzlement" is the proper legal term. 4 Bl. Comm. 121,

That property which a minor son who was in the army might hold by reason thereof, or which he acquired in war. PECUNIA (Lat.) In civil law. Property, real or personal, corporeal or

In Roman law. Money owing (even upon a moral obligation) upon a day being fixed (constituta) for its payment became recoverable upon the implied promise to pay on that day, in an a

OMNES enim veterum divltlae in animallbus consistebant. Money (pecunia) is so called from cattle (pecus), because all the wealth of our ancestors consisted in cattle. Co. Litt. 207

That which relates to money.

Causes in ecclesiastical courts where satisfaction is sought for withholding ecclesiastical dues, or the doing or neglecting some act connected with the church. 3 Bl. Comm. 88. For

A bequest of money.

A loss of money, or of that by which money or something of money value may be acquired. 32 Barb. (N. Y.) 33. PECUS (Lat.; pi. pecudes). In the Roman law. Cattle; a beast. Under a b

Money anciently paid to the priest at the opening of a grave for the good of the deceased's soul. PECUNIA TRAJECTITIA (Lat.) A loan of money which, either itself or in the shape of

or PEDAGE (Lat. from pes, foot). Money paid for passing by foot or horse through any forest or country. Pupilla Oculi, p. 9, c. 7; Cassan de Coutum. Burgund. p. 118; Rot. Vase. 22

A word is commonly used to describe one who travels about retailing small wares. It carries the idea of pettiness as respects the character of the business transacted. The original

(L. Lat.) In civil and old English law. To put or place the foot. A figurative expression used to dethem, or symbolically by merely placing the foot upon the ground. Britt. cc. 35,

In old English and Scotch law. Dusty foot. A term applied to itinerant merchants, chapmen, or peddlers who attended fairs; "Ane merchand or cremar quha hes ne certaine dwelling pla

A succession of degrees from the origin. It is the state of the family as far as regards the relationship of the different members, their births, marriages, and deaths. This term i

Persons who travel about the country with merchandise for the purpose of selling it. One is a pedlar who carries his goods about the country for sale by public conveyance. 4 Barn.

Vassals or tenants of the same -lord, who were obliged to serve and attend him in his courts, being equal in function. These were termed "peers of fees," because holding fees of th

See "Gambling Contract." PEINE FORTE ET DURE (Law Fr.) In English law. A punishment formerly inilicted in England on a person who, being arraigned of felony, refused to plead and p