part

any article designed or manufactured for the special purpose of being used as, or to replace, a component part of such vehicle, and which by reason of some characteristic is not such a commercial article as ordinarily would be sold for general use, but is primarily adapted for use as a component part of such vehicle

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 purpart. This word is also used in contradistinction to counterpart, and is synonymous with section. 9 111. App. 407. Covenants were formerly made in a script and rescript, or part and counterpart.

A share; a purpart. This word is also used in contradistinction to counterpart: covenants were formerly made in a script and rescript, or part and counterpart.

A portion, share or purpart One of two duplicate originals of a conveyance or covenant, the other being called "counterpart" Also, in composition, partial or incomplete; as part payment, part performance. 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 "Performance," see those titles.

1. A share, a portion; a purpart. See Portion. Admission of a part involves an admission of the whole of a document; as, when ofie writing refers to another. This includes all the parts of an account, all indorsements, etc., but not detached items, nor memoranda.'* Bipartite. In two parts — counterparts, q. V. Purpart; purparty. A share of an estate allotted by partition to a coparcener, q. v. Keasonable part. In the time of Henry H (1154-89), a man's goods were viewed as divided into three parts: one each for his lineal descendants, his wife, and himself. If he left children only, or a wife only, they or she took a moiety. The shares of the wife and children were called their reasonable part — pars rationabilis.^ 2. Of part, in part; partial, partially^ as, part — owner, payment, performance, qq. v. Partial. (1) Pertaining to apart: as, partial — balance, eviction, loss, qq. v. (3) Biased, prejudiced. See Impartial. ' Church of Our Savior v. Montgomery County, 10

A portion; share. Bouvier says that the terms part and counterpart were formerly in use for the two copies, interchanged, of a written covenant. In modern practice, part is not much in use in this sense; the two papers are indifferently called countering them, the terms original and duplicate are more usual designations. In some connections, part seems equivalent to partial; as in the phrases partowner, part performance; unless such phrases are to be explained as inversions, for sake of conciseness or emphasis, — of owner of part, performance of part. Part may appropriately apply to an undivided part. Vrooman v. Weed, 2 Barb. -330. Where a testator bequeathed the residue of his estate to he divided between a son and two daughters, the son to have half a part, and the daughters the remainder, it was held that the word part meant share, and that the son therefore took one-sixth. Fulford V. Hancocli, 1 Busb. Eq. 55. Under the laws of the United States authorizing foreign coin to pass current at certain rates for each dollar and parts of a dollar, the phrase, parts of a dollar, is to be construed in reference to the division of a dollar as established in the coinage of the United States; and a twenty-cent piece is not within the act. United States v. Gardner, 10 Pet. 618. An enactment authorizing the purchase of any railroad partly or wholly completed was held not to include a private railroad built from mines to iron-works, wherefrom the rails had been removed by an order of court. Mc Candless's Appeal, 70 Pa. St. 210. Part owner. One of several persons ■who own a thing in common. The term is particularly applied to co-proprietors of vessels. Vessels are generally owned by several persons, and the adjustment of their authority and interest is important; yet they are not partners. Hence " part owners " is in constant use in that branch of the law. Part performance. The doing some portion, yet not the whole, of what either party to a contract has agreed to do. This has an important effect in curing the objection that the contract was not reduced to writing; also, in entitling the party to enforce a specific performance by the other. Partial loss. A term of marine insurance, signifying damage to a thing insured not amounting to entire destruction nor construed as equivalent to that. If the res is destroyed or rendered wholly valueless, this is actual total loss; and if not, yet if the injury is so great as to entitle the insured to abandon what remains to the underwriters, and claim the less than either of these is a partial loss. The expression, in its application to portions of cargo which are the subject of distinct ownership, is equivalent to "particular average." Partial loss implies a damage sustained by the ship or cargo, which falls upon the respective owners of the property so damaged; and, when happening from any peril insured against by the policy, the owners are to be indemnified by the underwriters, unless in cases excepted by the express terras of the policy. Padelford v. Boardman, 4 Mass. 548. The terms " partial loss " and " average " are understood, in this country, to mean the same thing. "Partial loss" includes both general and particular average. Wadsworth V. Pacific Ins. Co., 4 Wend. 33, 39. A total loss of a part of the interest — e.g. if one of twenty hogsheads of sugar insured is washed out — is a partial loss. American Ins. Co. v. Griswold, 14 Wend. 399, 472. Where an injury results to a vessel from a peril insured against, but the loss is neither actually nor constructively total, it is a partial loss. Globe Ins. Co. v. Sherlock, 25 Ohio St. 50. Partial loss is one in which the damage done to the thing insured is not so complete as to amount to a total loss, either actual or constructive. In every such case the imderwriter is Uable to pay such proportion of the sum which would be payable on total loss, as the damage sustained by the subject of insurance bears to the whole value at the time of- insurance. {2 Steph. Com. 132, 133; Crump Mar. Ins. § 331.) Mozley ^ W.

In English law. That portion of the effects of a deceased person which, by the custom of London andf York, is allowed to the administrator; being, where the deceased leaves a widow and children, onethird; where he leaves only a widow or only children, one-half; and where he leaves neither, the whole. This portion the administrator was wont to apply to his ovm use, till the statute 1 Jac. II. c. 17, declared that the same should be subject to the statute of distributions. 2 BL Com. 518. 2 Stepk, Com. 254. 4 Reeves' Hist, 83. A similar portion in Scotch law is called dead's part, (q. v.)

A share; a purpart, (q- v.), PARTICEPS CRIMINIS, in crim. law, are partners in crime, whether in the same degree or in part delicto, (q. v.) or in different degree: for one may be a principal and the other an accessary. Russ. on Cr. 21; 8 East, 381, 2; 2Supp. to Ves. jr. 122, 393; 5 Com. Dig. 346.