Particular

This term, as used in law, la almost always opposed to "general," and means either individual, local, partial, special or belonging to a single person, place or thing.

— Particular statement. This term, in use in Pennsylvania, denotes a statement which a plaintiff may be required to file, exhibiting in detail the items of his claim, (or its nature, lf single,) with the dates and sums. It is a species of declaration, but ls informal and not required to be methodical. Dixon v. Sturgeon. 6 Serg. & R. (Pat) 28.

— Particular tenant. The tenant of a particular estate. 2 Bl. Comm. 274. See Estate. As to particular "Average," "Custom," "Estate," "Lien," "Malice," and "Partnership," sce those tities.

Pertainirtg to a distinct ticular average: in the law of short of a total loss, which regards is to be borne by the proprietors of estate: an estate precedent to an lien: a specific lien on the particular tenant: the tenant of a particular

! Pertaining to a distinct thing, person or party. 1. Involving title to a part only of the •whole inheritance: as, a particular estate, which is precedent to an estate in remain- •der,2 q. v. 3. Respecting a distinct portion or thing: as, particular average, q.v.,a, particular lien, ^. V., and opposed, respectively, to total and general, qq. v. 3. Directed to one fact, thing, or individual person: as, a particular — averment or state- Tjaent, or malice, gg. v. 4. Affecting a limited district: as, a particular custom, q. v. Particulars. Distinct parts, minutiae; ■details, items; specific allegations. Bill of particulars. An amplification, or more particular specification, of the matter set forth in a pleading.' Gives precise information as to the nature and extent of the demand made in the declaration. Is demandable of right where there are general counts in the declaration, and as to one or all counts. May be voluntarily furnished by the plaintiff. In effect, is an amendment or amplification of the count or counts.^ The scope of an order for particulars must ordinarily be a question of discretion.^ Independently of statutes, the courts have inherent power to order a bill of particulars in either a civil or a, criminal proceeding.

Occurs, without material deviation from the vernacular meaning, in some phrases which are technical. Particular average. Particular ave^ age is the damage or loss, short of total, falling directly upon specific property; while general average is the liabi Uty of property to contribute to the loss of or damage to something else. Bargett v. Orient Mut. Ins. Co., 3 Bosw. 385, 395. " Particular average," as used in a policy, may mean partial loss, and " free of Parone kind in one ship are insured by one description and valuation against total loss only, the total loss of some of them, though in separate packages, is considered but a partial loss of one entire subject of insurance, and gives no right to recover agajpst the insurers as for a total loss of that part. In all the cases in which part of a cargo has been treated as a distinct subject of insurance, the goods lost have been either of a different kind from those saved, or so valued or described, by packages or otherwise, as to distinguish them. Pierce v. Columbian Ins. Co., 14 Allen, 320. Particular estate. A limited legal interest or property in lands or tenements, as distinguished from the absolute property or fee-simple therein, is usually so termed; and he who holds or enjoys such a limited interest therein is thence sometimes called the particular tenant. Thus, if A has the absolute property or fee-simple in certain lands, and he demises them to B for a term of seven years, or life, the legal interest which B would thus acquire therein would be called the particular estate with reference to A's estate in fee-simple; i.e., it would be a particle or portion carved or cut out of A's fee-simple. Brown. Particular lien. A lien which is confined to a debt due for or on account of a specific article, as in ordinary sales for cash. Brooks V. Bryce, 21 Wend. 14. A general lien is the right to retain a thing, not only for charges specifically arising out of or connected with that identical thing, but also for a general balance of accounts between the parties, in respect to other dealings of the like nature. Story Agency, § 354; Me Kenzie v. Nevius, 22 Me. 138, 150. Particular tenant. One who holds a limited estate which has been carved out of the fee. See Paeticdlak Estate. Particulars. This signifies details of grounds of claim; items of demand; a statement of what specific things axe alleged against or demanded from a defendant. Such a statement is termed the particulars; or a bill of particulars; or, in English practice, a particular. In ordinary actions, a creditor who sues for a debt, pleading it in general terms, may be compelled to give the defendant a bill of particulars of his demand; that is, to set forth the items of which it is composed, giving dates, consideration, sum charged, &c. In like manner, if defendant pleads payment, plaintiff may, in some courts, have a bill of particulars of sums and dates; patent law, Stat. 15 & 16 Vict. ch. 83, § 16, required that plaintiff suing for an infringement "shall deliver with his declaration particulars of the breaches complained of in the said action; and the defendant, on pleading thereto, shall deliver with his pleas, and the prosecutor in any proceedings by scire facias to repeal letters-patent shall deliver with his declaration, particulars of any objections on which he means to rely at the trial in support of the pleas in the said action, or of the suggestions of the said declaration in the proceedings by scire facias respectively; and, at the trial of such action or proceedings by scire facias, no evidence shall be allowed to be given in support of any alleged infringement or of any objection impeaching the validity of such letters-patent which shall not be contained in the particulars delivered." In the English criminal practice, when the charge is preferred in general terms, the prosecution may be ordered to furnish the accused with a statement of the particulars of the acts intended to be proved. In ejectment, if there is any reasonable doubt as to the lands, &c., for which the action is brought, defendant may obtain an order calling upon the plaintiff to give him a bin of particulars; and a defendant may be ordered to give particulars of the premises for which he defends. In New York, a court in which an action for criminal conversation is pending has power, in a proper case, to require plaintiff to furnish defendant before trial with a bill of particulars of the acts he expects to prove. Many statutes exist, in different jurisdictions, authorizing and regulating the grant of an order for particulars; but it is generally considered that the power to require one is not the creature of statute; that tte courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of the defence, to be given, that surprise may be avoided and substantial justice promoted. Particulars of sale. The conditions of a sale at auction, details of the propr