P.

PACE. A measure of length containing two feet and a half; the geometrical 
pace is five feet long. The common pace is the length of a step; the 
geometrical is the length of two steps, or the whole space passed over by 
the same foot from one step to another. 

PACIFICATION. The act of making peace between two countries which have teen 
at war; the restoration of public tranquillity. 

TO PACK. To deceive by false appearance; to counterfeit; to delude; as 
packing a jury. (q.v.) Bac. Ab. Juries, M; 12 Conn. R. 262. 

PACT, civil law. An agreement made by two or more persons on the same 
subject in order to form some engagement, or to dissolve or modify, one 
already made, conventio est duorum in idem placitum consensus de re 
solvenda, id. est facienda vel praestanda. Dig. 2, 14; Clef des Lois Rom. 
h.t.; Ayl. Pand. 558; Merl, Rep. Pacte, h.t. 

PACTIONS, International law. When contracts between nations are to be 
performed by a single act, and their execution is at an end at once, they 
are not called treaties, but agreements, conventions or pactions. 1 Bouv. 
Inst. n. 100. 

PACTUM CONSTITUTAE PECUNIAE, civil law. An agreement by which a person 
appointed to his creditor, a certain day, or a certain time, at which he 
promised to pay; or it maybe defined, simply. an agreement by which a person 
promises a creditor to pay him. 
     2. When a person by this pact promises his own creditor to pay him, 
there arises a new obligation which does not destroy the former by which he 
was already bound, but which is accessory to it; and by this multiplicity of 
obligations the right of the creditor is strengthened. Poth. Ob. Pt. 2, c. 
6, s. 9. 
     3. There is a striking conformity between the pactum constitutae 
pecuniae, as above defined, and our indebitatus assumpsit. The pactum 
constitutae pecuniae was a promise to pay a subsisting debt whether natural 
or civil; made in such a manner as not to extinguish the preceding debt, and 
introduced by the praetor to obviate some formal difficulties. The action of 
indebitatus assumpsit was brought upon a promise for the payment of a debt, 
it was not subject to the wager of law and other technical difficulties of 
the regular action of debt; but by such promise, the right to the action of 
debt was not extinguished nor varied. 4 Rep. 91 to 95; see 1 H. Bl. 550 to 
655; Doug. 6, 7; 3 Wood. 168, 169, n. c; 1 Vin. Abr. 270; Bro. Abr. Action 
sur le case, pl. 7, 69, 72; Fitzh. N. B. 94, A, n. a, 145 G; 1 New Rep. 295; 
Bl. Rep. 850; 1 Chit. Pl. 89; Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 4, u. 
388, 396. 

PACTUM DE NON PETANDO, civil law. An agreement made, between a creditor and 
his debtor that the former will not demand, from the latter the debt due. By 
this agreement the debtor is freed from his obligation. This is not unlike 
the covenant not to sue, (q.v.) of the common law. Wolff, Dr. de la Nat. 
Sec. 755. 

PACTUM DE QUOTA LITIS. An agreement by which a creditor of a sum difficult 
to recover, promises a portion, for example, one-third, to the person who 
will undertake to recover it. In general, attorneys will abstain from, 
making such a contract, yet it is not unlawful. 

PAGODA, comm. law. A denomination of money in Bengal. In the computation of 
ad valorem duties, it is valued at one dollar and ninety-four cent's. Act of 
March 2, 1799, s. 61, 1 Story's L. U. S. 626. Vide Foreign Coins. 

PAIS, or PAYS. A French word signifying country. In law, matter in pais is 
matter of fact in opposition to matter of record: a trial per pais, is a 
trial by the country, that is, by a jury. 

PALFRIDUS, A palfrey; a horse to travel on. 1 Tho. Co. Litt. 471; F. N. B. 
93. 

PANDECTS, civil law. The name of an abridgment or compilation of the civil 
law, made by order of the emperor Justinian, and to which he gave the force 
of law. It is also known by the name of Digest. (q.v.) 

PANEL, practice. A schedule or roll containing the names of jurors, summoned 
by virtue of a writ of venire facias, and annexed to the writ. It is 
returned into the court whence the venire issued. Co. Litt. 158, b. 

PANNEL, Scotch law. A person, accused of a crime; one indicted. 

PAPER-BOOK, practice. A book or paper containing an abstract of all the 
facts and pleadings necessary, to the full understanding of a case. 
     2. Courts of error and other courts, on arguments, require that the 
judges shall each be furnished with such a paper-book in the court of king's 
bench, in England, the transcript containing the whole of the proceedings, 
filed or delivered between the parties, when the issue joined, in an issue 
in fact, is called the paper-book. Steph. on Pl. 95; 3 Bl. Com. 317; 3 Chit. 
Pr. 521; 2 Str. 1131, 1266; 1 Chit. R. 277 2 Wils, R. 243; Tidd, Px. 727. 

PAPER DAYS, Eng. law. Days on which special arguments are to take place. 
Tuesdays and Fridays in term time are paper days appointed by the court. 
Lee's Dict. of Pr. h.t.; Arch. Pr. 101. 

PAPER MONEY. By paper money is understood the engagements to pay money which 
are issued by governments and banks, and which pass as money. Pardes. Dr. 
Com. n. 9. Bank notes are generally considered as cash, and win answer, all 
the purposes of currency; but paper money is not a legal tender if objected 
to. See Bank note, Specie, Tender. 

PAR, comm. law. Equal. It is used to denote a state of equality or equal 
value. Bills of exchange, stocks, and the like, are at par when they sell 
for their nominal value; above par, or below par, when they sell for more or 
less. 

PARAGE. Equality of name or blood, but more especially of land in the 
partition of an inheritance among co-heirs, hence comes disparage and 
disparagement. Co. Litt. 166. 

PARAGIUM. A Latin term which signifies equality. It is derived from the 
adjective par, equal, and made a substantive by the addition of agium; 1 
Tho. Co. Litt. 681. 
     2. In the ecclesiastical law, by paragium is understood the portion 
which a woman gets on her marriage. Ayl. Par. 336. 

PARAMOUNT. That which is superior.
     2. It is usually applied to the highest lord of the fee, of lands, 
tenements, or hereditaments. F. N. B. 135. Where A lets lands to B, and he 
underlets them to C, in this case A is the paramount, and B is the mesne 
landlord. Vide Mesne, and 2 Bl. Com. 91; 1 Tho. Co. Litt. 484, n. 79; Id. 
485, n. 81. 

PARAPHERNALIA. The name given to all such things as a woman has a right to 
retain as her own property, after her husband's death; they consist 
generally of her clothing, jewels, and ornaments suitable to her condition, 
which she used personally during his life. 
     2. These, when not extravagant, she has a right to retain even against 
creditors; and, although in his lifetime the husband might have given them 
away, he cannot bequeath such ornaments and jewels by his will. 2 Bl. Com. 
430; 2 Supp. to Ves. jr. 376; 5 Com. Dig. 230; 2 Com. Dig. 212; 11 Vin. Ab. 
176; 4 Bouv. Inst. n. 8996-7. 

PARATITLA, civil law. An abbreviated explanation of some titles or books of 
the Code or Digest. 

PARATUM HABEO. A return made by the sheriff to a capias ad respondendum, 
which signified that he had the defendant ready to bring into court. This 
was a fiction where the defendant was at large. Afterwards be was required 
by statute to take bail from the defendant, and he returned cepi corpus and 
bail bond. But still he might be ruled to bring in the body. 7 Penn. St. 
Rep. 535. 

PARAVAIL. Tenant paravail is the lowest tenant of the fee, or he who is the 
immediate tenant to one who holds of another. He is called tenant paravail, 
because it is presumed he has the avails or profits of the land. F. N. B. 
135; 2 Inst, 296. 

PARCEL, estates. Apart of the estate. 1 Com. Dig. Abatement, H 511 p. 133; 5 
Com. Dig. Grant, E 10, p. 545. To parcel is to divide an estate. Bac, Ab. 
Conditions, 0. 

PARCENARY. The state or condition of holding title to lands jointly by 
parceners, before the common inheritance has been divided. Litt. sec. 56. 
Vide 2 Bl. Com. 187; Coparcenary; Estate In coparcenary. 

PARCENERS, Eng. law. The daughters of a man or woman seised of lands and 
tenements in fee simple or fee tail, on whom, after the death of such 
ancestor, such lands and tenements descend, and they enter. Litt. s. 243; 
Co. Litt. 164 2 Bouv. Inst. n. 1871-2. Vide Coparceners. 

PARCO FRACITO, Eng. law. The name of a writ against one who violently 
breaks a pound, and takes from thence beasts which, for some trespass done, 
or some other just cause, were lawfully impounded. 

PARDON, crim. law, pleading. A pardon is an act of grace, proceeding from 
the power entrusted with the execution of the laws, which exempts the 
individual on whom it is bestowed, from the punishment the law inflicts for 
a crime he has committed. 7 Pet. S. C. Rep. 160. 
     2. Every pardon granted to the guilty is in derogation of the law; if 
the pardon be equitable, the law is, bad; for where legislation and the 
administration of the law are perfect, pardons must be a violation of the 
law, But as human actions are necessarily imperfect, the pardoning power 
must be vested somewhere in order to prevent injustice, when it is 
ascertained that an error has been committed. 
     3. The subject will be considered with regard, 1. To the kinds of 
pardons. 2. By whom they are to be granted. 3. For what offences. 4. How to 
be taken advantage of 5. Their effect. 
     4.-Sec. 1, Pardons are general or special. 1. The former are express, 
when an act of the legislature is passed expressly directing that offences 
of a certain class; shall be pardoned, as in the case of an act of amnesty. 
See Amnesty. A general pardon is implied by the repeal of a penal statute, 
because, unless otherwise provided by law, an offence against such statute 
while it was in force cannot be punished, and the offender goes free. 2 
Overt. 423. 2. Special pardons are those which are granted by the pardoning 
power for particular cases. 
     5. Pardons are also divided into absolute and conditional. The former 
are those which free the criminal without any condition whatever; the. 
fatter are those to which a condition is annexed, which must be performed 
before the pardon can have any effect. Bac. Ab. Pardon, E; 2 Caines, R. 57; 
1 Bailey, 283; 2 Bailey 516. But see 4 Call, R. 85. 
     6.-Sec. 2. The constitution of the United States gives to the, 
president in general terms, "the power to grant reprieves and pardons for 
offences against the United States." The same power is given generally to 
the governors of the several states to grant pardons for crimes committed 
against their respective states, but in some of them the consent of the 
legislature or one of its branches is required. 
     7.-Sec. 3. Except in the case of impeachment, for which a pardon 
cannot be granted, the pardoning power may grant a pardon of all offences 
against the government, and for any sentence or judgment. But such a pardon 
does not operate to discharge the interest which third persons may have 
acquired in the judgment; as, where a penalty was incurred in violation of 
the embargo laws, and the custom house officers became entitled to one-half 
of the penalty, the pardon did not discharge that. 4 Wash. C.C.R. 64. See 2 
Bay, 565; 2 Whart. 440; 7 J. J. Marsh. 131. 
     8.-Sec. 4. When the pardon is general, either by an act of amnesty, 
or by the repeal of a penal law, it is not necessary to plead it, because 
the court is bound, ex officio, to take notice of it. And the criminal 
cannot even waive such pardon, because by his admittance, no one can give 
the court power to punish him, when it judicially appears there is no law to 
do it. But when the pardon is special, to avail the criminal it must 
judicially appear that it has been accepted, and for this reason it must be 
specially pleaded. 7 Pet. R. 150, 162. 
     9.-Sec. 5. The effect of a pardon is to protect from punishment the 
criminal for the offence pardoned, but for no other. 1 Porter, 475. It seems 
that the pardon of an assault and battery, which afterwards becomes murder 
by the death of the person beaten, would not operate as a pardon of the 
murder. 12 Pick. 496. In general, the effect of a full pardon is to restore 
the convict to all his rights. But to this there are some exceptions: 1st. 
When the criminal has been guilty of perjury, a pardon will not qualify him 
to be a witness at any time afterwards. 2d. When one was convicted of an 
offence by which he became civilly dead, a pardon did not affect or annul 
the second marriage of his wife, nor the sale of his property by persons 
appointed to administer on his estate, nor divest his heirs of the interest 
acquired in his estate in consequence of his civil death. 10 Johns. R. 232, 
483. 
    10.-Sec. 6. All contracts, made for the buying or procuring a pardon 
for a convict, are void. And such contracts will be declared null by a court 
of equity, on the ground that they are opposed to public policy. 4 Bouv. 
Inst. n. 3857. Vide, generally, Bac. Ab. h.t.; Com. Dig. h.t.; Nels. Ab. 
h.t.; Vin. Ab. h.t.; 13 Petersd. Ab. h.t.; Dane's Ab. h.t.; 3 lust. 233 
to 240; Hawk. b. 2, c. 37; 1 Chit. Cr. L. 762 to 778; 2 Russ. on Cr. 595 
Arch. Cr. Pl. 92; Stark. Cr. Pl. 368, 380. 

PARENTAGE. Kindred. Vide 2 Bouv. Inst. n. 1955; Branch; Line. 

PARENTS. The lawful father and mother of the party spoken of. 1 Murph. R. 
336; 11 S. & R. 93. 
     2. The term parent differs from that of ancestor, the latter embracing 
not only the father and mother, but every per ascending line. It differs 
also from predecessor, which is applied to corporators. Wood's Inst. 68; 7 
Ves. 522; 1 Murph. 336; 6 Binn. 255. See Father; Mother. 
     3. By the civil law grandfathers and grandmothers, and other 
ascendants, were, in certain cases, considered parents. Dict. de Jurisp. 
Parente. Vide 1 Ashm. R. 55; 2 Kent, Com. 159; 5 East, R. 223; Bouv. Inst. 
Index, h.t. 

PARES. A man's equals; his peers. (q.v.) 3 Bl. Com. 349. 

PARES CURIE, feudal law, Those vassals who were bound to attend the lord's 
court were so called. Ersk. Inst. B. 2, tit. 3, s. 17. 

PARI DELICTO crim. law. In a similar offence or crime; equal in guilt. A 
person who is in pari delicto with another, differs from a particeps 
criminis in this, that the former always includes the latter but the latter 
does not always include the former. 8 East, 381, 2. 

PARI MATERIA. Of the same matter; on the same subject; as, laws pari materia 
must be construed with reference to each other. Bac. Ab. Stat. I. 3. 

PARI PASSU. By the same gradation.

PARISH. A district of country of different extents. In the ecclesiastical 
law it signified the territory committed to the charge of a parson, vicar, 
or other minister. Ayl. Parerg. 404; 2 Bl. Com. 112. In Louisiana, the state 
is divided into parishes. 

PARIUM JUDICIUM. The trial by jury, or by a man's peers, or equals, is so 
called. 

PARK, Eng. law. An enclosed chase (q.v.) extending only over a man's own 
grounds. The term park signifies an enclosure. 2 Bl. Com. 38. 

PARLIAMENT. This word, derived from the French parlement, in the English 
law, is used to designate the legislative branch of the government of Great 
Britain, composed of the house of lords, and the house of commons. 
     2. It is an error to regard the king of Great Britain as forming a part 
of parliament. The connexion between the king and the lords spiritual, the 
lords temporal, and the commons, which, when assembled in parliament, form 
the, three states of the realm, is the same as that which subsists between 
the king and those states -- the people at large -- out of parliament; 
Colton's Records, 710; the king not being, in either case, a member, branch, 
or co-estate, but  standing solely in the relation of sovereign or head. 
Rot. Par. vol. iii,. 623 a.; 2 Mann. & Gr. 457 n. 

PAROL. More properly parole. A French word, which means literally, word or 
speech. It is used to distinguish contracts which are made verbally or in 
writing not under seal, which are called, parol. contracts, from those which 
are under seal which bear the name of deeds or specialties (q.v.) 1 Chit. 
Contr. 1; 7 Term. R. 3 0 351, n.; 3 Johns. Cas. 60; 1 Chit. Pl. 88. It is 
proper to remark that when a contract is made under seal, and afterwards it 
is  modified verbally, it becomes wholly a parol contract. 2 Watts, 451; 9 
Pick. 298; 13 Wend. 71. 
     2. Pleadings are frequently denominated the parol. In some instances 
the term parol is used to denote the entire pleadings in a cause as when in 
an action brought against an infant heir, on an obligation of his ancestors, 
he prays that the parol may demur, i. e., the pleadings may be stayed, till 
he shall attain full age. 3 Bl. Com. 300; 4 East, 485 1 Hoffm. R. 178. See a 
form of a plea in abatement, praying that the parol may demur, in 1 Wentw. 
Pl. 43; and 2 Chit. Pl. 520. But a devisee cannot pray the parol to demur. 4 
East, 485. 
     3. Parol evidence is evidence verbally delivered by a witness. As to 
the cases when such evidence will be received or rejected, vide Stark, Ev. 
pt. 4, p. 995 to 1055; 1 Phil. Ev. 466, c. 10, s. 1; Sugd. Vend. 97. 

PAROL LEASES. An agreement made verbally, not in writing, between the 
parties, by which one of them leases to the other a certain estate. 
     2. By the English statute of frauds of 29 Car. III, c. 3, s. 1, 2, and 
3, it is declared, that "all leases, estates, or terms of years, or any 
uncertain interest in lands, created by livery only, or by parol, And not 
put in writing, and signed by the party, should have the force and effect of 
leases or estates at will only, except leases not exceeding the term of 
three years, whereupon the rent reserved during the term shall amount to two 
third parts of the full improved value of the thing demised." "And that no 
lease or estate, either of freehold or term of years, should be assigned, 
granted, or surrendered, unless in writing." The principles of this statute 
have been adopted with some modifications, in nearly all the states of the 
Union. 4 Kent, Com. 95; 1 Hill. Ab. 130 

PAROLE, 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 during the continuance of the war. 
Vattel, liv. 3, c. 8, Sec. 151. 

PARRICIDE, civil law. One who murders his father; it is applied, by 
extension, to one who murders his mother, his brother, his sister, or his 
children. The crime committed by such person is also called parricide. Merl. 
Rep. mot Parricide; Dig. 48, 9, 1, 1. 3, 1. 4. 
     2. This offence is defined almost in the same words in the penal code 
of China. Penal Laws of China, B. 1, s. 2, Sec. 4. 
     3. The criminal was punished by being scourged, and afterwards sewed in 
a sort of sack, with a dog, a cock, a viper, and an ape, and then thrown 
into the sea, or into a river; or if there were no water, he was thrown in 
this manner to wild beasts. Dig. 48, 9, 9; C. 9, 17, 1, 1. 4, 18, 6; Bro. 
Civ; Law, 423; Wood's Civ. Law, B. 3, c. 10, s. 9. 
     4. By the laws of France parricide is the crime of him who murders his 
father or mother, whether they, be the legitimate, natural or adopted 
parents of the individual, or the murder of any other legitimate ascendant. 
Code Penal, art. 297. This crime is there punished by the criminal's being 
taken to the place of execution without any other garment than his shirt, 
barefooted, and with his head covered with a black veil. He is then exposed 
on the scaffold while an officer of the court reads his sentence to the 
spectators; his right hand is then cut off, and he is immediately put to 
death. Id. art. 13. 
     5. The common law does not define this crime, and makes no difference 
between its punishment, and the punishment of murder. 1 Hale's P. C. 380; 
Prin. Penal Law, c. 18, Sec. 8, p. 243; Dalloz, Dict. mot Homicide. 

PARSON, eccl. law. One who has full possession of all the rights of a 
parochial church. 
     2. He is so called because by his person the church, which is an 
invisible body, is represented: in England he is himself a body corporate it 
order to protect and defend the church (which he personates) by a the 
minority, if required to bring Story on Partn. Sec. 489. 1 Bouv. Inst. n. 
1217. 398; 5 Com. Dig. 346. 

PARTICEPS FRAUDIS. fraud. Both parties be in pari delicto is not allowed to 
allege his own turpitude in such cases, when defendant at law, or prevented 
from alleging it, when plaintiff in equity, whenever the refusal to execute 
the contract at law, or the refusal to relieve against it in equity, would 
give effect to the original purpose, and encourage the parties engaged, in 
such transactions. 4 Rand. R. 372; 1 Black. R. 363; 2 Freem. 101. 

PARTICULAR AVERAGE. This term, particular average, has been condemned as not 
being exact. See Average. It denotes, in general, every kind of expense or 
damage, short of total loss which regards a particular concern, and which is 
to be borne by the proprietor of that concern alone. Between the insurer and 
insured, the term includes losses of this description, as far as the 
underwriter is liable. Particular average must not be understood as a total 
loss of a part; for these two kinds of losses are perfectly distinct from 
each other. A total loss of a part may be recovered, where a particular 
average would not be recoverable. See Stev. on Av. 77. 

PARTICULAR AVERMENT, pleading. Vide Averment.

PARTICULAR CUSTOM. A particular custom is one which only affects the 
inhabitants of some particular district. To be good, a particular custom 
must possess these requisites: 1. It must have been used so long that the 
memory of man runneth not to the contrary. 2. It must have been continued. 
3. It must have been peaceable. 4. It must be reasonable. 5. It must be 
certain. 6. It must be consistent with itself. 7. lt must be consistent with 
other customs. 1 Bl. Com. 74, 79. 

PARTICULAR ESTATE. An estate which is carved out of a larger and which 
precedes a remainder; as, an estate for years to A, remainder to B for life; 
or, an estate, for life to A, remainder to' B in tail: this precedent estate 
is called the particular estate. 2 Bl. Com. 165; 4 Kent, Com. 226; 16 Vin. 
Abr. 216; 4 Com. Dig. 32; 5 Com. Dig. 346. 

PARTICULAR, LIEN, contracts. A right which a person has to retain property 
in respect of money or labor expended on such particular property. For 
example, when a tailor has made garments out of cloth delivered to him for 
the purpose, he is not bound to part with the clothes until his employer, 
has paid him for his services; nor a ship carpenter with a ship which he has 
repaired; nor can an engraver be compelled to deliver the seal which he has 
engraved for another, until his compensation has been paid. 2 Roll. Ab. 92; 
3 M. & S. 167; 14 Pick. 332; 3 Bouv. Inst. n. 2514. Vide Lien. 

PARTICULARS, practice. The items of which the accounts of one of the parties 
is composed, and which are frequently furnished to the opposite party in a 
bill of particulars. (q.v.) 

PARTIES, contracts. Those persons who engage themselves to do, or not to do 
the matters and things contained in an agreement. 
     2. All persons generally can be parties to contracts, unless they labor 
under some disability. 
     3. Consent being essential to all valid contracts, it follows that 
persons who want, first, understanding; or secondly, freedom to exercise 
their will, cannot be parties to contracts. Thirdly, persons who in 
consequence of their situation are incapable to enter into some particular 
contract. These will be separately considered. 
     4.-Sec. 1. Those persons who want understanding, are idiots and 
lunatics; drunkards and infants, 
     5.-1. The contracts of idiots and lunatics, are riot binding; as they 
are unable from mental infirmity, to form any accurate judgment of their 
actions; and consequently, cannot give a serious and sufficient 
consideration to any engagement. And although it was formerly a rule that 
the party could not stultify himself; 39 H. VI. 42; Newl. Contr. 19 1 Fonb. 
Eq. 46, 7; yet this rule has been so relaxed, that the defendant may now set 
up this defence. 3 Camp. 128; 2 Atk. 412; 1 Fonb. Eq. n. d.; and see Highm. 
on Lun. 111, 112; Long on Sales, 14; 3 Day's Rep. 90 Chit. on Contr. 29, 
257, 8; 2 Str. 1104. 
     6.-2. A person in a state of complete intoxication has no agreeing 
mind; Bull. N. P. 172; 3 Campb. 33; Sugd. Vend. 154 Stark. Rep. 126; and his 
contracts are therefore void, particularly if he has been made intoxicated 
by the other party. 1 Hen. & Munf. 69; 1 South. Rep. 361; 2 Hayw. 394; see 
Louis. Code, art. 1781; 1 Clarke's R. 408. 
     7.-3. In general the contract of an infant, however fair and 
conducive to his interest it may be, is not binding on him, unless the 
supply of necessaries to him be the object of the agreement; Newl. Contr. 2; 
1 Eq. Cas. Ab. 286; l Atk. 489; 3 Atk. 613; or unless he confirm the 
agreement after he shall be of full age. Bac. Abr. Infancy; I 3. But he may 
take advantage of contracts made with him, although the consideration were 
merely the infant's promise, as in an action on mutual promises to marry. 
Bull. N. P. 155; 2 Str. 907; 1 Marsh. (Ken.) Rep. 76; 2 M. & S. 205. See 
Stark. Ev. pt. iv. page 724; 1 Nott & McCord, 197; 6 Cranch, 226; Com. Dig. 
Infant; Bac. Abr. Infancy and Age; 9 Vin. Ab. 393, 4; Fonb. Eq. b. 1 c. 2; 
Sec. 4, note b; 3 Burr. 1794; 1 Mod. 25; Str. 937; Louis. Code, article 
1778. 
     8.-Sec. 2. Persons who have understanding, who, in law, have not 
freedom to exercise their will, are married women; and persons under duress. 
     9.-1. A married woman has, in general, no power or capacity to 
contract during the coverture. Com. Dig. Baron & Feme, W; Pleader, 2 A 1. 
She has in legal contemplation no separate existence, her husband and 
herself being in law but one person. Litt. section 28; see Chitty on Cont. 
39, 40. But a contract made with a married woman, and for her benefit, where 
she is the meritorious cause of action, as in the instance of an express 
promise to the wife, in consideration of her personal labor, as that she 
would cure a wound; Cro. Jac. 77; 2 Sid. 128; 2 Wils. 424; or of a bond or 
promissory note, payable on the face thereof to her, or to herself and 
husband, may be enforced by the husband and wife, though made during the 
coverture. 2 M. & S. 396, n. b.; 2 Bl. Rep. 1236; 1 H. Black. 108. A married 
woman has no original power or Authority by virtue of the marital tie, to 
bind her husband by any of her contracts. The liability of a husband on his 
wife's engagements rests on the idea that they were formed by his authority; 
and if his assent do not appear by express evidence or by proof of 
circumstances from which it may reasonably, be inferred, he is not liable. 1 
Mod. 125; 3 B. & C. 631; see Chitty on Cont. 39 to 50. 
    10.-2. Contracts may be avoided on account of duress. See that word, 
and also Poth. Obl. P. 1, c. 1, s. 1, art. 3, Sec. 2. 
    11.-Sec. 3. Trustees, executors, administrators, guardians, and all 
other, persons who make a contract for and on behalf of others, cannot 
become, parties to such contract on their own. account; nor are they allowed 
in any case to purchase the trust estate for themselves. 1 Vern. 465; 2 Atk. 
59; 10 Ves. 3; 9 Ves. 234; 12 Ves. 372, 3 Mer. Rep. 200; 6 Ves. 627; 8 Bro. 
P. C. 42 10 Ves. 381; 5 Ves. 707; 13 Ves. 156; 1 Pet. C. C. R. 373; 3 Binn. 
54; 2 Whart. 53; 7 Watts, 387; 13 S. & R, 210; 5 Watts, 304; 2 Bro. C. C. 
400; White's L. C. in Eq. *104-117; 9 Paige, 238, 241, 650, 663; 1 Sandf. R. 
251, 256; 3 Sandf. R. 61; 2 John. Ch. R. 252; 4 How. S. C. 503; 2 Whart. 53, 
63; l5 Pick. 24, 31. As to the transactions between attorneys and others in 
relation to client's property, see 2 Ves. jr. 201; 1 Madd. Ch. 114; 15 Ves. 
42; 1 Ves. 379; 2 Ves. 259. The contracts of alien enemies may in, general 
be avoided, except when made under the license of the government, either 
express or implied. 1 Kent, Com. 104. See 15 John. 6; Dougl. 641. As to the 
persons who make contracts in equity, see Newl. Cont. c. 1, pp. l to 33. 

PARTIES TO ACTIONS. Those persons who institute actions for the recovery of 
their rights, and those persons against whom they are instituted, are the 
parties to the actions; the former are called plaintiffs, and the latter, 
defendants. The term parties is understood to include all persons who are 
directly interested in the subject-matter in issue, who have right to make 
defence, control the proceeding, or appeal from the judgment. Persons not 
having these rights are regarded as strangers to the cause. 20 How. St. Tr. 
538, n.; Greenl. Ev. Sec. 523 
     2. It is of the utmost importance in bringing actions to have proper 
parties, for however just and meritorious the claim may be, if a mistake has 
been made in making wrong persons, either plaintiffs or defendants, or 
including too many or too few persons as parties, the plaintiff may in 
general be defeated. 
     3. Actions are naturally divided into those which arise upon contracts, 
and those which do not, but accrue to the plaintiff in consequence of some 
wrong or injury committed by the defendant. This article will therefore be 
divided into two parts, under which will be briefly considered, first, the 
parties to actions arising upon contracts; and, secondly, the parties to 
actions arising upon injuries or wrongs, unconnected with contracts, 
committed b the defendant. 
    4.-Part I. Of parties to actions arising on contracts. These are the 
plaintiffs and the defendants. 
    5.-Sect. 1. Of the plaintiffs. These will be considered as follows: 
    Sec. 1. Between the original contracting parties. An action. on a 
contract, whether express or implied, or whether it be by parol, or under 
seal, or of record, must be brought in the name of the party in whom the 
legal interest is vested. 1 East, R. 497; and see Yelv. 25, n. l; 13 Mass. 
Rep. 105; 1 Pet. C. C. R. 109; 1 Lev. 235; 3 Bos. & Pull. 147; 1 ii. Bl. 84; 
5 Serg. & Rawle, 27; Hamm. on Par. 32; 2 Bailey's R. 55; 16 S. & R. 237,; 10 
Mass. 287; 15 Mass. 286 10 Mass. 230; 2 Root, R. 119. 
     6.-Sec. 2. Of the number of plaintiffs who must join. When a contract 
is made with several, if their legal interests were joint, they must all, if 
living, join in the action for the breach of the contract. 1 Saund. 153, 
note 1; 8 Serg. & Rawle, 308; 10 Serg. & Rawle, 257; 10 East, 418; 8 T. R. 
140; Arch. Civ. Pl. 58; Yelv. 177, note 1. But dormant partners need not 
join their copartners. 8 S. & R. 85; 7 Vern. 123; 2 Vern. 65; 6 Pick. 352; 4 
Wend. 628; 8 Wend. 666; 3 Cowen, 84; 2 Harr. & Gill, 159. When a contract is 
made and a bond is given to a firm by a particular name, as A B and Son, the 
suit must be brought by the actual partners, the two sons of A B, the 
latter having been dead several years at the time of making the contract. 2 
Campb. 548. When a person who has no interest in the contract is joined with 
those who have, it is fatal. 19 John. 213 2 Penn. 817; 2 Greenl. 117. 
     7.-Sec. 3. When the interest of the contract has been assigned. Some 
contracts are assignable at law; when these are assigned, the assignee may 
maintain an action in his own name. Of this kind are promissory notes, bills 
of exchange, bail-bonds, replevin-bonds; Hamm. on Part. 108; and covenants 
running with the land pass with the tenure, though not made with assigns. 5 
Co. 24; Cro. Eliz., 552; 3 Mod. 338; 1 Sid. 157; Hamm, Part. 116; Bac. Abr.; 
Covenant, E 5. When a contract not is signable at law has been assigned, and 
a recovery on such contract is sought, the action must be in the name of 
the assignor for the use of the assignee. 
     8.-Sec. 4. When one or more of several obligees, &c., is dead. When 
one or more of several obligees, covenantees, partners or others, having a 
joint interest in the contract; not running with the land, dies, the action 
must be brought in the name of the survivor, and that fact averred in the 
declaration. 1 Dall. 65, 248; 1 East, R. 497; 2 John. Cas. 374; 4 Dalt. 354; 
Arch. Civ. Pl. 54, 5; Addis. on Contr. 285; 1 Chan. Rep. 31; Yelv. 177. 
     9.-Sec. 5. In the case o executors and administrators. When a 
personal contract, or a covenant not running with the land, has been made 
with one person only, and he is dead, the action for the breach of it must 
be brought in the name of the executor or administrator in whom the legal 
interest in the contract is vested; 2 H. Bl. 310; 3 T. R. 393; and all the 
executors or administrators must join. 2 Saund. 213; Went.95; 1 Lev.161; 2 
Nott & McCord, 70; Hamm. on Part. 272. 
    10.-Sec. 6. In the case of bankruptcy or insolvency. In the case of 
the bankruptcy or insolvency of a person who is beneficially interested in 
the performance; of a contract made before the act of bankruptcy or before, 
the assignment under the insolvent laws, the action should be brought in the 
name of his assignees. 1 Chit. Pl. 14; 2 Dall. 276; 3 Yeates, 520; 7 S. & R. 
182; 5 S. & R. 394; 9 S, & R. 434. See 3 Salk. 61; 3 T. R. 779; Id. 433; 
Hamm. on Part. 167; Com. Dig. Abatement, E 17. 
    11.-Sec. 7. In case of marriage. This part of the subject will be 
considered with reference to those cases. 1st. When the husband and wife, 
must join. 2d. When the husband must sue alone. 3d. When the wife must sue 
alone. 4th. When they may join or not at their election. 5th. Who is to sue 
in the case of the death of the husband or wife. 6th. When a woman marries, 
lis pendens. 
    12.-1. To recover the chose in action of the wife, the husband must, 
in general, join, when the cause of action would survive. 3 T. R. 348; 1 M. 
& S. 180; Com. Dig. Baron & Feme, V; Bac. Ab. Baron & Feme, K; 1 Yeates' R. 
551; 1 P. A. Browne's R. 263; 1 Chit. Pl. 17. 
    13.-2. In general the wife cannot join in any action upon a contract. 
made during coverture, as for work and labor, money lent, or goods sold by 
her during that time, 2 Bl. Rep. 1239; and see 1 Salk. 114; 2 Wils. 424.; 9 
East, 412; 1 Str. 612; 1 M. & S. 180; 4 T. R. 516; 3 Lev. 103; Carth. 462; 
Ld. Raym. 368; Cro, Eliz. 61; Com. Dig. Baron & Feme, W. 
    14.-3. When the husband is civiliter mortuus, see 4 T. Rep. 361; 2 
Bos. & Pull. 165; 4 Esp. R. 27; 1 Selw. N. P. 286; Cro. Eliz. 1519; 9 East, 
R. 472; Bac. Ab. Baron & Feme, M.; or, as has been decided in England, when 
he is an alien and has left the country, or has never been in it, the wife 
may, on her own separate contracts, sue alone. 2 Esp. R. 544; 1 Bos. & Pull. 
357; 2 Bos. & Pull. 226; 1 N. R. 80; 11 East, R. 301; 3 Camp. R. 123; 5 T. 
R. 679. But the rights of such husband being only suspended, the disability 
may be removed, in one case, by a pardon, and, in the other, by the 
husband's return, and then: he must be joined. Broom on Part. s. 114. 
    15.-4. When a party being indebted to a wife dum sola, after the 
marriage gives a bond to the husband and wife in consideration of such debt, 
they may join, or the husband may sue alone on such contract. 1 M. & B. 180; 
4 IT. R. 616 1 Chit. Pl. 20. 
    16.-5. Upon the death of the wife, if the husband survive, he may sue 
for, anything he became entitled to during the coverture; as for rent 
accrued to the wife during the coverture. 1 Rolle's Ab. 352, pl. 5; Com. 
Dig. Baron & Feme, Z; Co. Litt. 351, a, n. 1. But the husband cannot sue in 
his own right for the choses in action of the wife, belonging to her before 
coverture. Hamm. on Part. 210 to 215. 
    17. When the wife survives the husband, she may sue on all contracts 
entered into with her before coverture, which remain unsatisfied; and she 
may recover all arrears of rent of her real estate, which became due during 
the coverture, or their joint demise. 2 Taunt. 181; 1 Roll's Ab. 350 d. 
    18.-6. When a suit is instituted by a single woman, or by her and 
others, and she afterwards marries, lis pendens, the suit abates. 1 Chit. 
Pl. 437; 14 Mass. R. 295; Brayt. R. 21. 
    19.-Sec. 8. When the plaintiff, is a foreign government, it must have 
been recognized by the government of this country to entitle it to bring an 
action. 3 Wheat. R. 324; Story, Eq. Pl. Sec. 55. See 4 Cranch, 272; 9 Ves. 
347; 10 Ves. 354; 11 Ves. 283; Harr. Dig. 2276. 
    20.-Sect. 2. Of the defendants. These will be considered in the 
following order: Sec. 1. Between the original parties. The action upon an 
express contract, must in general be brought against the party who made it. 
8 East, R. 12. On implied contracts against the person subject to the legal 
liability. Hamm. Part. 48; 2 Hen. Bl. 563. Vide 6 Mass. R. 253; 8 Mass. Rep. 
198; 11 Mass. R. 335; 6 Binn. R. 234; 1 Chit. Pl. 24. 
    21.-Sec. 2. Of the number of defendants. For the breach of a joint 
contract made by several parties, they should all be made defendants; 1 
Saund: 153, note 1; Id. 291 b, n. 4; even though one be a bankrupt or 
insolvent. 2 M. & S. 23. Even an infant must be joined, unless the contract 
as to him be entirely void. 3 Taunt. 307; 5 John R. 160. Vide 5 John. R. 
280; 11 John. R. 101; 5 Mass. R. 270; 1 Pick. 500. When a joint contractor 
is dead, the suit should be brought against the survivor, 1 Saund. 291, note 
2. The misjoinder of defendants in an action ex contractu, by joining one 
who is not a contractor, is fatal. 3 Conn. 194; Pet. C. C. 16; 2 J. J. 
Marsh. 88; 1 Breese, 128; 2 Rand. 446; 10 Pick. 281. 
    22.-3. In case of a change of credit, and of covenants running with 
the land, &c. In general in the case of a mere personal contract, the action 
for the breach of it, cannot be brought against the person to whom the 
contracting party has assigned his interest, and the original party can 
alone be sued; for example, if two partners dissolve their partnership, and 
one of them covenant with the other that he will pay all the debts, a 
creditor may nevertheless sue both. Upon a covenant running with land, which 
must concern real property, or the estate therein; 3 Wils. 29; 2 H. Bl. 133; 
10 East, R. 130; the assignee of the lessee is liable to an' action for a 
breach of the covenant after the assignment of the estate to him, and while 
the estate remain in him, although he have not take possession. Bac. Ab. 
Covenant, E 34; 3 Is. 25; 2 Saund. 304, n. 12; Woodf. L. & T. 113; 7 T. R. 
312; Bull. N. P. 159; 3 Salk. 4; 1 Dall. R. 210,; 1 Fonb. Eq. 359, note y; 
Hamm. N. P. 136. 
    23.-Sec. 4. When one of several obligers, &c. is dead. When the 
parties were bound by a joint contract, and one of them dies, his executor 
or administrator is at law discharged from liability, and the survivor alone 
can be sued. Bac. Ab. Obligation, D 4; Vin. Ab. Obligation, P 20; Carth. 
105; 2 Burr. 1196. And when the deceased was a mere surety, his executors 
are not liable even in equity. Vide 1 Binn. R. 123. 
    24.-Sec. 5. In the case of executors an administrators. When the 
contracting  party is dead, his executor or administrator, or, in case of a 
joint contract, the executor or administrator of the survivor, is the party 
to be made defendant. Ham. on Part. 156. On a joint contract, the executors 
of the deceased contractor, the other surviving, are discharged at law, and 
no action can be supported against them; 6 Serg. & R. 262; 2 Whart. R. 344; 
2 Browne, Rep. 31; and, if the deceased joint contractor was a mere surety, 
his representatives are not liable either at, law or in equity. 2 Serg. & R. 
262; 2 Whart. 344; P. A. Browne's R. 31. All the executors must be sued 
jointly; when administration is taken on the debtor's estate, all his 
administrators must be joined, and if one be a married woman, her husband 
must also be a party. Cro. Jac. 519. 
    25.-Sec. 6. In the case of bankruptcy or insolvency. A discharged 
bankrupt cannot be sued. A discharge under the insolvent laws does not 
protect the property of the insolvent, and he may in general be sued on his 
contracts, though he is not liable to be arrested for a debt which was due 
and not contingent at the date. of his discharge. Dougl. 93; 8 East, R. 311; 
1 Saund. 241, n. 5; Ingrah. on Insol. 377. 
    26.-Sec. 7. In case of marriage. This head will be divided by 
considering, 1. When the husband and wife must be joined. 2. When the 
husband must be sued, alone. 3. When the wife must be sued alone. 4. When 
the husband and wife may be joined or not at the election of the plaintiff. 
5. Who is to be sued in case of the death of the husband or wife. 6. Of 
actions commenced against the wife dum sola, which are pending at her 
marriage. 
    27.-1. When a feme sole who has entered into a contract marries, the 
husband and wife must in general be jointly sued. 7 T. R. 348; All. 72; 1 
Keb. 281; 2 T. R. 480; 3 Mod. 186; 1 Taunt. 217; 7 Taunt. 432; 1 Moore, 126; 
aid, s6e 8 Johns. R. 2d ed. 115.; 15 Johns. R. 403, 483; 17 Johns. Rep, 
16't; 7 Mass. R. 291, Com. Dig. Pleader, 2 A 2; 1 Bing. R. 60. But if 
the husband be away, or live separate from his wife, she may, on a contract 
of which she is the meritorious cause, bring an action in the Paine of her 
husband, on indemnitying the latter for costs. 4 B. & A. 419; 2 C. & M. 388 
Addis. on Contr. 342. And, on such contract, she may sue as a feme sole when 
her husband is civiliter mortuus. Addis. on Contr. 342 1 Salk. 116; 1 Lord 
Raym. 147; 2 M. & W. 65; Moore, 851. 
    28.-2. When the wife cannot be considered either in person, or 
property as creating the cause of action, as in the case of a mere personal 
contract made during the coverture, the husband must be sued alone. Com. 
Dig. Pleader, 2 A 2; 8 T. R. 545; 2 B. & P. 105; Palm. 312; 1 Taunt. 217; 4 
Price, 48; 16 Johns. R. 281. 
    29.-3. The wife can in general be sued alone, in the same cases where 
she can sue alone, the cases being reversed. 
    30.-4. When the husband, in consequence of some new consideration, 
undertakes to pay a debt of the wife dum sola, he may be sued alone, or the 
husband and wife. may be made joint defendants. All. 73; 7 T. R. 349; vide 
other cases in Com. Dig. Baron & Feme, Y; 1 Rolle's Ab. 348, pl. 45, 50; 
Bac. Ab. Baron & Feme, L. 
    31.-5. Upon the death of the wife, her executor, when she has 
appointed one under a power, or her administrator, is alone responsible for 
a debt or duty she contracted dum sola. The husband, as such, is not liable. 
Com. Dig. Baron & Feme, 2 C; 3 Mod. 186; Rep. Temp. Talb. 173; 3 P. Wms. 
410. When the wife survives, she may be sued for her contracts made before 
coverture. 7 T. R. 350; 1 Camp. R. 189. 
    32.-6. When a single woman, being sued, marries lis pendens, the 
plaintiff may proceed to judgment, as if she were a feme sole. 2 Rolle's R. 
53; 2 Str, 811. 
    33. Part 2. Of parties to actions in form ex delicto. These are 
plaintiffs and defendants. 
    34.-Sect. 1. Of plaintiffs. These will be separately, considered as 
follows: 
    35.-Sec. 1. With reference to the interest. Of the plaintiff. The 
action for a tort must, in general, be brought in the name of the party 
whose legal right has been affected, 8 T. R. 330; vide 7 T. R. 47; 1 East, 
R. 244; 2 Saund. 47 d; Hamm. on Part. 35, 6; 6 Johns. R. 195;.10 Mass. R. 
125 10 Serg. & Rawle, 357. 
    36.-Sec. 2. With reference to the number of plaintiffs. It is a 
general rule that when an injury is done to the property of two or more 
joint owners, they must join in the action; and even when the property is 
several, yet when the wrong has caused a joint damage, the parties must join 
in the action. 1 Saund. 291, g. When suits are brought by tenants in common, 
against strangers for the recovery of the land, inasmuch as they have 
several titles, they cannot agreeably to the rules of the common law, join, 
but must bring separate actions; and this seems to be the rule in Missouri. 
1 Misso. R. 746. This rule has been changed in some of the states. In 
Connecticut, when the plaintiff claims on the title of all the tenants, he 
recovers for their benefit, and his possession will be theirs. 1 Swift's 
Dig. 103. In Massachusetts, Mass. Rev. St. 611, and Rhode Island, R. I. 
Laws, 208, all the tenants or any two may join or any one may sue alone. In 
Tennessee they usually join. 2 Yerg. R. 228. 
    37. When personal reputation is the object affected, two or more cannot 
join as plaintiffs in the action, although the mode of expression in which 
the slander was couched comprehended them all; as when a man addressing 
himself to three, said, you have murdered Peter. Dyer, 191, pl. 112; Cro. 
Car. 510; Goulds. pl. 6, p. 78. The reason of this is obvious, no one has 
any interest in the character of the others, the damages are, therefore, 
several to each. 
    38.-Sec. 3. In general, rights or causes of action arising ex delicto 
are not assignable. 
    39.-Sec. 4. When one of several parties who had an interest is dead. 
In such case the action must be instituted by the survivor. 1 Show. 188; S. 
C. Carth. 170. 
    40.-Sec. 5. When the party injured is dead. The executors or 
administrators cannot in general recover damages for a tort, when the, 
action must be ex delicto, and the plea to it is not guilty. Vide the 
article Actio personalis moritur cum persona, where the subject is more 
fully examined. 
    41.-Sec. 6. In case of insolvency. The statutes generally authorize 
the trustee or assignee of an insolvent to institute a suit in his own name 
for the recovery of the rights and property of the insolvent. 6 Binn. 189; 8 
Serg. & Rawle, 124. But for torts to the person of the insolvent, as for 
slander, the trustee or assignee cannot sue. W. Jones' Rep. 215. 
    42.-Sec. 7. When the tort has been committed, against a woman dum sola 
who afterwards married. A distinction is made between those injuries 
committed before and those which take place during coverture. For injuries 
to the person, personal or real property of the wife, committed before 
coverture, when the cause of action would survive to the wife, she must join 
in the action. 3 T. R. 627; Rolle's Ab. 347; Com. Dig. Baron & Feme, V. For 
an injury to the person of the wife during coverture, by battery, or to her 
character, by slander, or for any other such injury, the wife must be joined 
with her husband in the suit; when the injury is such that the husband 
receives a separate damage or loss, as if in consequence of the battery, he 
has been deprived of her society or been put to expense, he may bring a 
separate action, in his own name; and for slander of the wife, when words 
are not actionable of themselves, and the husband has received some special 
damages, the husband must sue alone. 1 Lev. 140; 1 Salk. 119; 3 Mod. 120. 
    43.-Sect. 2. Of the defendants. Sec. 1. Between the original parties. 
All natural persons are liable to be sued for their tortious acts, 
unconnected with or in disaffirmance of a contract; an infant is, therefore, 
equally liable with an adult for slander, assaults and batteries, and the 
like; but the plaintiff cannot bring an action ex delicto which arose out of 
a contract, and by that means charge an infant for a breach of a contract. 
The form is of no consequence; the only question is whether the action arose 
out of contract or otherwise. A plaintiff who hired a horse to an infant, 
and the infant by hard, improper and injudicious driving, killed the horse,, 
cannot maintain an action ex delicto to recover damages for a breach of this 
contract. 8 Rawle's R. 351; 6 Watts' R. 9; 8 T. R. 385; Hamm. N. P. 267. But 
see contra, 6 Cranch,226; 15 Mass. 359; 4 McCord, 387. Vide Infant. 
    44.-Sec. 2. As to the number of defendants. There are torts which, 
when committed by several, may authorize a joint action against all the 
parties; but when in legal contemplation several cannot concur in the act 
complained of, separate actions must be brought against each; the cases of 
several persons joining in the publication of a libel, a malicious 
prosecution, or an assault and battery, are cases of the first kind verbal 
slander is of the second. 6 John. R: 32. In general, When the parties have 
committed a tort which might be committed by several, they may be jointly 
sued, or the plaintiff may sue one or more of them and not sue the others, 
at his election. Bac Ab. Action Qui Tam, D; Roll. Ab. 707; 3 East, R. 62. 
    45.-Sec. 3. When the interest has been assigned. A liability for a 
tort cannot well be assignee; but an estate may be assigned on which was 
erected a nuisance, and the assignee will be liable for continuing it, after 
having possession of the estate. Com. Dig. Case, Nuisance, B; Bac. Ab. 
Actions, B; 2 Salk. 460; 1 B. & P. 409. 
    46.-4. When the wrongdoer is dead. In this case the remedy for wrongs 
ex delicto, and unconnected with contract, cannot in general be maintained. 
Vide Actio personalis moritur cum persona. 
    47.-Sec. 5. In case of insolvency. Insolvency does not discharge the 
right of action of the plaintiff in any case; it merely liberates the 
defendant from arrest when he has received the benefit of, and been 
discharged under, the insolvent laws; an insolvent may therefore be sued for 
his torts committed before his discharge. 
    48.-Sec. 6. In case of marriage. Marriage does not affect or change 
the liabilities of the husband and he is alone to be sued for his torts 
committed either before or during the coverture. But it is otherwise with 
the wife; after her marriage she has no personal property to pay the damages 
which may be recovered, and she cannot even appoint an attorney to defend 
her. For her torts committed by her before the marriage, the action must be 
against the husband and wife jointly. Bac. Ab. Baron and Feme, L; 5 Binn. 
43. They must also be sued jointly for the torts of the wife during the 
coverture, as for slander, assault and battery, &c. Bac. Ab. Baron and Feme, 
L. See, generally, as, to parties to actions,, 3 United States Dig. 
Pleading, I, and Promissory Note, XVI.; Bouv. Inst. Index, h.t. 

PARTIES TO A SUIT IN EQUITY. The person who seeks a remedy in chancery by 
suit, commonly called a plaintiff, and the person against whom the remedy is 
sought, usually denominated the defendant, are the parties to a suit in 
equity. 
     2. It is of the utmost importance, that there should be proper parties; 
and therefore no rules connected with the science of equity pleading, are so 
necessary to be attentively considered and observed, as those which relate 
to the persons who are to be made parties. to a suit, for when a mistake in 
this respect is discovered at the hearing of the cause, it may sometimes be 
attended with defeat, and will, at least, be followed by delay and expense. 
3 John. Ch. R. 555; 1 Hopk. Ch. R. 566; 10 Wheat. R. 152. 
     3. A brief sketch will be here given by considering, 1. Who may be 
plaintiffs. 2. who may be made defendants. 3. The number of the parties. 
     4.-Sec. 1. Of the plaintiff. Under this head will be considered who 
may sue in equity: and, 
     5.-1. The government, or as the style is in England, the crown) may 
sue in a court of equity, not only in suits strictly on behalf of the 
government, for its own peculiar rights and interest, but also on behalf of 
the rights and interest of those, who partake of its prerogatives, or claim 
its peculiar protection. Mitf. Eq. Plead. by Jeremy, 4, 21-24; Coop. Eq. 21, 
101. Such suits  are usually brought by the attorney general. 
     6.- 2. As a general rule all persons, whether natural or artificial, as 
corporations, may sue in equity; the exceptions are persons who are not sui 
juris, as a person not of full age, a feme covert, an idiot, or lunatic. 
     7. The incapacities to sue are either absolute, or partial. 
     8. The absolute, disable the party to sue during their continuance; the 
partial, disable the party to sue by himself alone, without the aid of 
another. In the United States, the principal ab solute incapacity, is 
alienage. The alien, to be disabled to sue in equity, must be an alien 
enemy, for an alien friend may sue in chancery. Mitf. Equity, PI, 129; Coop. 
Equity Pl. 27. But still the subject matter of the suit may. disable an 
alien to sue. Coop. Eq. Pl. 25; Co. Lit. 129 b. An alien sovereign or an 
alien corporation may maintain a suit in equity in this country. 2 Bligh's 
Rep. 1, N. S.; 1 Dow. Rep.. 179, N. S.; 1 Sim. R. 94; 2 Gall. R. 105; 8 
Wheat. Rep. 464; 4 John. Ch. Rep. 370. In case if a foreign sovereign, he 
must have been recognized by the government of this country before he can 
sue. Story's Eq. pl. Sec. 55; 3 Wheat. Rep. 324; Cop. Eq. Pl. 119 
     9. Partial incapacity to sue exists in the case of infants, of married 
women, of idiots and lunatics, or other persons who are incapable, or are by 
law specially disabled to sue in their own names; as for example, in 
Pennsylvania, and some other states, habitual drunkards, who are under 
guardianship. 
    10.-1. An infant cannot, by himself, exhibit a bill, not only on account 
of his want of discretion, but because of his inability to bind himself for 
costs. Mitf. Eq. Pl. 25. And when an infant sues, he must sue by his next 
friend. Coop, Eq. 27; 1 Sm. Chan. Pl. 54. But as the next friend may 
sometimes bring a bill. from improper motives, the court will, upon a proper 
application, direct the master to make inquiry on this subject, and if there 
be reason to believe it be not brought for the benefit of the infant, the 
proceedings will be stayed. 3 P. Wms. 140; Mitf. Eq. Pl. 27; Coop. Eq. Pl. 
28. 
    11.-2. A feme covert must, generally, join with her husband; but when 
he has abjured the realm, been transported for felony, or when he is civilly 
dead, she may sue as a feme sole. And when she has a separate claim, she may 
even sue her husband, with the assistance of a next friend of her own 
selection. Story's Eq. Pl. Sec. 61; Story's Eq. Jur. Sec. 1368; Fonb. Eq. 
b. 1, c. 2, Sec. 6, note p. And the husband may himself sue the wife. 
    12.-3. Idiots and lunatics are generally under the guardianship of 
persons who are authorized to bring a suit in the idiot's name, by their 
guardian or committee. 
    13.-Sec. 2. Of the defendant. 1. In general, those persons who may sue 
in equity, may be sued. Persons sui juris may defend themselves, but those 
under an absolute or partial inability, can make defence only in a 
particular manner. A bill may be exhibited against all bodies politic or 
corporate, against all persons not laboring under any disability, and all 
persons subject to such incapacity, as infants, married women, and lunatics, 
or habitual drunkards.  
    14.-2. The government or the state, like the king in England, cannot 
be sued. Story, Eq. Pl. Sec. 69. 
    15.-3. Bodies politic or corporate, like persons sui juris, defend a 
suit by themselves. 
    16.-4. Infants institute a suit, as has been seen, by next friend, but 
they must defend a suit by guardian appointed by the court, who is usually 
the nearest relation, not concerned in interest, in the matter in  question. 
Mitf. Eq. Pl. 103; Coop. Eq. Pl. 20, 109; 9 Ves. 357; 10 Ves. 159; 11 Ves. 
563; 1 Madd. R. 290; Vide Guardian, n. 6. 
    17.-5. Idiots and lunatics defend by their committees, who, in 
ordinary circumstances, are appointed guardians ad litem, for that purpose, 
as a matter of course. Mitf. Eq. Pl. 103; Coop. Eq. Pl. 30, 32; Story's Eq. 
Pl. SS70; Shelf on Lun. 425.; and vide 2 John. Ch. R. 242, where, Chancellor 
Kent held, that the idiot need not be made a party as defendant to a bill 
for the payment of his debts, but his committee only. When the idiot or 
lunatic has no committee, or the latter has an interest adverse to that of 
the lunatic or idiot, a guardian ad litem will be appointed Mitf. Eq. Pl. 
103;; Story's Eq. Pl. Sec. 70. 
    18.-6. In general, a married woman, when she is sued, must be joined 
with her husband, and their answer must also be joint. But there axe 
exceptions to this rule in both its requirements. 
    19.-1. A married woman may be made a defendant, and answer as a feme 
sole, in some instances, as when her husband is plaintiff in the suit, and 
sues her as defendant, and from the like necessity, when the husband is an 
exile or has abjured the realm, or has been transported under a criminal 
sentence, or is an alien enemy. She may be sued and answer as a feme sole. 
Mitf. Eq. Pl. 104, 105; Coop. Eq. Pl. 30. 
    20.-2. When her husband is joined, or ought to be joined, she cannot 
make a separate defence, without a special order of court. The following are 
instances where such orders will made. When a married woman claims as 
defendant in opposition to her husband, or lives separate from him, or 
disapproves of the defence he wishes her to make, she may obtain an order of 
court for liberty to answer, and defend the suit separately. And when the 
husband is abroad, the plaintiff may obtain, an order that she shall answer 
separately; and, if a woman obstinately refuses to join a defence with her 
husband, the latter may obtain an order to compel her to make a separate 
answer. Mitf. Eq: Pl.: 104; Coop. Eq. Pl. 30; Story's Eq 71. 
    21.-3. As to the number of parties. It is a general rule that every 
person who is at all interested in the subject-matter of the suit, must be 
made a party. It is, the constant aim of a court of equity, to do complete 
justice by deciding upon and settling the rights of all persons interested 
in the subject of the suit, to make the performance of the order of the 
court perfectly safe to those who are compelled to obey it, and, to prevent 
future litigation. For this purpose, all persons materially interested in 
the subject ought to be parties to the suit, plaintiffs or defendants, 
however numerous they may be, so that a complete decree may be made binding 
on those parties. Mitford's Eq. Pl. 144; 1 John. Ch. R. 349; 9 John. R. 442; 
2 Paige's C. R. 278; 2 Bibb, 184; 3 Cowen's R. 637; 4 Cowen's R. 682 9 
Cowen's R. 321; 2 Eq. Cas. Ab. 179; 3 Swans. R. 139. When a great number of 
individuals are interested as in the instance of creditors seeking an 
account of the estate of their deceased debtor for payment of their demands, 
a few suing on behalf of the rest may substantiate the suit, and the other 
creditors may come in under the decree. 2 Ves. 312, 313. In such case the 
bill should expressly show that it is fifed as well on the behalf of other 
members as those who are really made the complainants; and the parties must 
not assume a corporate, name, for if they assume the style of a corporation, 
the bill cannot be sustained. 6 Ves. jr. 773; Coop. Eq. Pl. 40; 1 John. Ch. 
R. 349; 13 Ves. jr. 397 16 Ves. jr. 321; 2 Ves. sen. 312 S. & S. 18; Id. 
184. In some cases, however, when all the persons interested are, not made 
parties, yet, if there be such privily between the plaintiffs and 
defendants, that a complete decree may be made, the want of parties is not a 
cause of demurrer. Mitf. El q. Pl. 145. Vide Calvert on Parties to Suits in 
Equity; Edwards on Parties to Bills in Chancery; Bouv Inst. Index, h.t. 

PARTITION, conveyancing. A deed of partition is, one by which lands held in 
joint tenancy, coparcenary, or in common, are divided into distinct 
portions, and allotted to the several parties, who take them in severalty. 
     2. In the old deeds of partition, it was merely agreed that one should 
enjoy a particular part, and the other, another part, in severalty; but it 
is now the practice for the parties mutually to convey and assure to each 
other the different estates which they are to take in severalty, under the 
partition. Cruise Dig. t. 32, c. 6, s. 15. 

PARTITION, ?states. The division which is made between several persons, of 
lands, tenements, or hereditaments, or of goods and chattels which belong to 
them as co-heirs or co-proprietors. The term is more technically applied to 
the division of real estate made between coparceners, tenants in common or 
joint tenants. 
     2. The act of partition ascertains and fixes what each of the co-
proprietors is entitled to have in severalty 
     3. Partition is either voluntary, or involuntary, by compulsion. 
Voluntary partition is made by the owners of the estate, and by a conveyance 
or release of that part to each other which is to be held by him in 
severalty. 
     4. Compulsory partition is made by virtue of special laws providing 
that remedy. "It is presumed," says Chancellor Kent, 4 Com. 360, "that the 
English statutes of 31 and 32 Henry VIII. have been generally reenacted and 
adopted in this country, and probably, with increased facilities for 
partition." In some states the courts of law have jurisdiction; the courts 
of equity have for a long time exercised jurisdiction in awarding partition. 
1 Johns. Ch. R. 113; 1 Johns. Ch. R. 302; 4 Randolph's R. 493; State Eq. 
Rep. S. C. 106. In Massachusetts, the statute authorizes a partition to be 
effected by petition without writ. 15 Mass. R. 155; 2 Mass. Rep. 462. In 
Pennsylvania, intestates' estates, may be divided upon petition to the 
orphans' court. By the civil code of Louisiana, art. 1214, et seq., 
partition of a succession may be made. Vide, generally, Cruise's Dig. tit. 
32, ch. 6, s. 1 5; Com. Dig. Pleader, 3 F; Id. Parcener, C; Id. vol. viii. 
Append. h.t. 16 Vin. Ab. 217; 1 Supp. to Yes. jr. 168, 171; Civ. Code of 
Louis. B. 3, t. 1, c. 8. 
     5. Courts of equity exercise jurisdiction in cases of partition on 
various grounds, in cases of such complication of titles, when no adequate 
remedy can be had at law; 17 Ves. 551; 2 Freem. 26; but even in such cases 
the remedy in equity is more complete, for equity directs conveyances to be 
made, by which the title is more secure. "Partition at law, and in equity," 
says Lord Redesdale, "are very different things. The first operates by the 
judgment of a court of law, and delivering up possession in pursuance of it, 
which concludes all the parties to it. Partition in equity proceeds upon 
conveyances to be executed by the parties; and if the parties be not 
competent to execute the conveyance, the partition cannot be effectually 
had." 2 Sch. & Lef. 371. See 1 Hill. Ab. c. 55, where may be found an 
abstract of the laws of the several states on this subject. 

PARTNERS, contracts. Persons who have united together and formed a 
partnership. 
     2. Every person sui juris is competent to contract the relation of a 
partner. An infant may by law be a partner. 5 B & A. 159; but a feme covert, 
not being capable of contracting, cannot enter into partnership; and 
although married women are not unfrequently entitled to shares in banking 
houses, and other mercantile concerns, under positive covenants, yet when 
this happens, their husbands are entitled to such shares, and become 
partners in their steads. Whether a feme sole trader in Pennsylvania could 
enter into such contract, seems not settled. See 2 Serg. & Rawle, 189; see 
also, 2 Nott & McC. R. 242; 2 Bay, 162, 333; Code Civ. par Sirey, art. 220. 
     3. Partners are considered as ostensible, dormant, or nominal partners. 
1. An actual ostensible partner is a party who not only participates, in the 
profits and contributes to the losses, but.who appears and exhibits himself 
to the world as a person connected with the partnership, and as forming a 
component member of a firm. He is clearly answerable for the debts and 
engagements of, the partnership; his right to a share of the, profits, or 
the permitted exhibition of his name as partner, would be sufficient to 
render him responsible. 6 Serg. & Rawle, 259, 337; Barnard. 343; 2 Blackst. 
R. 998; 17 Ves. 404;. 18 Ves. 301; 1 Rose, 297; 16 Johns. R. 40; 3 Hayw. R. 
78. 
     4.-2. A dormant partner is one who is a participant in the profile of 
the trade, but his name being suppressed and concealed from the firm, his 
interest is consequently not apparent. He is liable as a partner, because he 
receives and takes from the creditors a part of that fund which is the 
proper security to them for the satisfaction of debts, and upon which they 
rely for payment. 16 Johns. R. 40. Another reason assigned for subjecting a 
dormant partner to responsibility is, that if he were exempted he would 
receive usurious interest for his capital, without its being attended with 
any risk. 1 Dougl. 371; 4 East, R. 143; 10 Johns. R. 226; 4 B. & A. 663; 8 
Man. Gr. & Scott, 641, 650. But in order to render one liable as a partner, 
he must receive the profits as such, and not merely his wages; to be paid 
out of the profits. Vide Profits. 
     5.-3. A, nominal partner is one who has not any actual interest in 
the trade or its profits, but, by allowing his name to be used, he holds 
himself out to the world as having an apparent interest. He is liable as a 
partner, because of these false appearance he holds forth to the world in 
representing himself to be jointly concerned in interest with those with 
whom he is apparently associated. 2 H. Bl. 235; 1 Esp. N. P. O. 29; 6 Serg. 
& R. 338; Watts. Partn. 26. 
     6. A partner in a private commercial partnership cannot introduce a 
stranger into the firm as a partner without the consent of all the 
copartners. If he should attempt to do so, this may make such stranger a 
partner with the partner who has associated with such third person; this 
will be a partnership, distinct from the first, and limited to the share of 
that partner who has so joined himself with another. 2 Rose 255; Domat, de 
la Societe, tit. 8, s. 2, n. 5. 
     7. As between the members of a firm and the persons having claims upon 
it, each individual member is answerable in solido for the amount of the 
whole of the debts contracted by the partnership, without reference either 
to the extent of his own separate beneficial interest in the concern, or. to 
any private arrangement or agreement that may exist between himself and his 
copartners, stipulating for a restricted responsibility. 1 Ves. & Bea. 157; 
9 East, 527; 5 Burr. 2611; 2 Bl. R. 947; 1 East, R. 20; 1 Ves. sen. 497; 2 
Desaus. R. 148; 4 Serg. & Rawle, 356; 6 Serg. & Rawle, 333; Kirby, 53, 77, 
147. In Louisiana, ordinary partners are not bound in solido for the debts 
of the partnership; Civ. Code of Lo. art. 2843; each partner is bound for 
his share of the partnership debts, calculating such share in proportion to 
the number of the partners, without any attention to the proportion of the 
stock or profits each is entitled to id. art. 2844. 
     8. Partners are bound by what is done by one in the course of the 
business of the partnership. Their liability under contracts is commensurate 
and coextensive with their rights. Although the general rule of law is, that 
no one is liable upon any contract except such as are privy to it; yet this 
is not contravened by the liability of partners, as they are imagined 
virtually present at and sanctioning the proceedings they singly enter. into 
in the course of trade; or as each is vested with a power enabling him to 
act, at once as principal and as the authorized agent of his copartners. 
Wats. Partn. 167; Gow. Partn. 53. It is doubtful, however, whether one can 
close the business by a general assignment of the partnership property for 
the benefit of creditors. Pierpont and Lord v. Graham. Cir. Court, April 
1820, MS. Whart. Dig. 453, 1st ed.; 4 Wash. C. C. R. 232; see 1 Brock. R. 
456; 3 Paige's R. 517; 5 Paige's R. 30; 1 Desaus. R. 537; 4 Day's. R. 425; 5 
Cranch, 300; 1 Hoffm. R. 08, 511; Sto. Partn. Sec. 101; 2 Washb. R. 390. 
     9. One partner can, in simple contracts, bind his copartners in 
transactions relative to the partnership. 7 T. R. 207; 4 Dall. 286; 1 Dall. 
269. But a security given by, one partner, in the partnership name, known to 
be for his individual debt, does not bind the firm. 2 Caines' R. 246; 4 
Johns. R. 251; 4 Johns. R. 262, in note; 2 Johns. R. 300; 16 Johns. R. 34; 4 
Serg. & Rawle, 397. Nor can one partner bind his copartners by deed; and 
this both for technical reason and the general policy of the law. Wats. 
Partn. 218; Gow on Partn. 83; 3 Murph. 321; 4 Sm. & Marsh. 261; 7 N. H. Rep. 
549; 1 Pike, 206; 2 Harr. 147; 2 B. Monr. 267; 5 B. Monr. 47; 4 Miss. 417; 1 
McMullen, 311; 3 Johns. Cas. 180; Taylor's R. 113; 2 Caines' R. 254; 2 
Caines' Err. 1;. 2 Johns. R. 213; 19 Johns. R. 513; 1 Dall. 11,9. But see 6 
Watts & Serg. 165, where it is said this rule admits of some 
qualifications. The rule does not however apply to cases where the object is 
to discharge a debt as due to it; as to give a general release by deed. 3 
John. 68; 7 N. H. Rep. 550; 1 Wend. 326; 20 Wend. 251; 22 Wend. 324. It 
seems to be an admitted principle, that one partner has no power to submit 
to arbitration any matters whatsoever, concerning or arising out of the 
partnership business. Story, Partn. Sec. 114; Com. Dig. Arbitrament, D 2; 3 
Bing. R. 101; 1 C. M. & R. 681; 1 Pet. R. 222; 19 John. R. 137; 3 Kent, Com. 
49, 4th ed. But in Pennsylvania, 12 S. & R. 243, and Kentucky, 3 Mont. R. 
433, one, partner may by an unsealed, instrument refer any partnership 
matter to arbitration, though he has no implied authority to consent to an 
order for a judgment in an action against himself and his copartner. 3 Mann. 
G. & Scott, 742. Nor has one partner the power to confess a judgment, or 
authorize the confession of a judgment against the firm, when no writ has 
been issued against both. 1 Wend. 311; 9 Wend. 437; 1 Blackf. 252; 1 Scamm. 
428, 442. Such a judgment, however is binding on the one who confessed it. 2 
Bl. R. 1133; 1 Dall. 119; 1 W. & S. 340, 519; 7 W. & S. 142; 2 Caines, 254; 
20 Wend. 609; and see 7 Watts, 331; 1 W. & S. 519, 525; 2 Miles, 436; 1 
Hoff. Ch. R. 525. 
    10. With regard to the tight of the majority of, the partners, when 
there is a dissent among them, it may be laid down, 1. That when there are 
stipulations on this subject, they must govern. Tum. & Russ. 496, 517. 2. In 
the absence of all agreement on the subject, each partner has an equal 
voice, though their interests be different, and a majority have a right to 
conduct the business. 3 John. Ch. R. 400; 3 Chit. Com. Law, 236; Colly. 
Partn. B. 2, c. 2, s. 1; Id. B. 3, c. 1, s. 262, Story Partn. 123. 3. When 
there are only two partners, and they dissent, neither can bind the 
partnership, when the person with whom they deal has notice of such 
disagreement. 1 Stark. R. 164. See 1 Camp. R. 403; 10 East, R. 264; 7 Price, 
Rep. 193; 6 Ves. 777; 16 Vin. Ab. 244. But this right of the majority is 
confined to transactions in the usual scope of the business, and not to a 
change of the articles of the partnership, for in such case all the partners 
must consent, 4 John. Ch. R. 573. 
    11. The stock used in a joint undertaking by way of partnership in 
trade, is always considered in common and not as joint property, and 
consequently there is no survivorship therein; jus accrescendi inter 
mercatores, pro beneficio commercii, locum non habet. On the death of one 
partner, therefore, his representatives become tenants in common with the 
survivor, of all the partnership effects in possession. But with respect to 
choses in action, survivorship so far exists at law, as that the remedy or 
right to reduce them into possession vests exclusively in the survivor; 
although when they are recovered, the representatives of the deceased 
partner have, in equity, the same right of sharing and participating in them 
which their testator or intestate would have possessed had he been living. 1 
Ld. Raym. 340. See 2 Dall. 65, 66, in note; 1 Dall. 248; 4 Dall. 354; 2 
Serg. & Rawle, 494. 
    12. When real estate is owned by a partnership, it is held by the 
partners subject in all respects to the ordinary incident's of land held in 
common. 1 Sumn. R. 174; 7 Conn. 11; 5 Hill, (N. Y.) Rep. 118; 4 Mete. 537. 
But in equity the partners may by agreement, express or implied, affect real 
estate with a trust as, a partnership property, and, by that means, render 
it in, equity subject to the rules applicable to partnership property as 
between the partners themselves and all claiming under them. 2 Edw. R. 28; 2 
Rand. R. 183; 7, S. & R. 438, 441; Conn. 11; 5 Metc. 582; 6 Yerg. 20. 
     See, generally, as to partners, 5 Com. Dig. Merchant, D; Bac. Abr. 
Merchant, C; Wats. on Partn. passim; Gow on Partn. passim; Supp. to Ves. jr. 
vol. 1, p. 36, 279 281, 312, 389, 449, 503; Id. vol. 2, p. 40, 314, 315, 
317, 362, 364, 377, 384, 456; 1 Salk. 291, 392; 1 Swanst. R. 506, 9; 10 East 
R. 265; 4 Ves. 396; 1 Hare & Wall. Sel. Dec. 292, 304; Civ. Code of Lo. B. 
3, t. 11; Code Civ. L. 3, t. 9; Code de Proc. Civ. L. 1, t. 3; Chit. Contr. 
66 to 82; Poth. Contrat de Societe; Bouv. Inst. Index, h.t. Vide Articles 
of Partnership; Death of. a partner; Dissolution; Firm; Partnership. 

PARTNERSHIP, contracts. An agreement between two or more persons, for 
joining together their money, goods, labor and skill, or either or all of 
them, for the purpose of advancing fair trade, and of dividing the profits 
and losses arising from it, proportionably or otherwise, between them. 2 
Bouv. Inst. n. 1435; Watson on Partn. 1; Gow on Partn. 2; see Civ. Code of 
Lo. art. 2772; Code Civ. art. 1832; Forbes. Inst. of Scotch Law, part 2, B. 
3, s. 3, p. 184; edit. Edin. 1722, 12mo.; Dolmat, Civ. Law, vol. 1, p. 85; 
9. John. R. 488; Puffend. B. 5, c. 8; 2 H. Bl. 246; 1 H. Bl. 37; Ersk. Inst. 
B. 3, t. 3, Sec. 18; Tapia, Elementos de Jurisp. Mercantil, p. 86; 5 Duv. 
Dr. Civ. Fr. tit. 9, c. 1, n, 17; 4 Pard. Dr. Com. n. 966; 2 Bell's Com. 
611, 5th ed.; Aso & Mann. Inst. B. 2, tit. 
     1. Sometimes partnership signifies a moral being composed of the 
reunion of all the partners. 4 Pard. n. 966. As a partnership has a separate 
existence as a person, it becomes liable to fulfill all its engagements, and 
the partners are individually bound and responsible only on its default, as 
sureties. 2 Bell's Comm. B. 6, c. 1, n. 4, p. 619, 5th ed. 
     2. Partnerships will be considered, 1st. In respect to their character 
and extent, as they regard property. 2d. With relation to the number and 
character of parties. 3d. As they are divided by the French code. 4th. As to 
their creation. 5th. As to their object. 6th. As to their duration. 7th. As 
to their dissolution. 8th. As to partnerships in Louisiana. 
     3.-Sec. 1. In respect to their character and extent, as they regard 
property, partnerships maybe divided into three classes, namely: universal 
partnerships; general partnerships; and limited or special partnerships. 1. 
A universal partnership is one where the parties agree to bring into the 
firm all their property, real, personal and mixed, and to employ all their 
skill, labor, and services, in the trade, or business, for their common 
benefit. This, kind of partnership is perhaps unknown in the United States. 
5 Mason, R. 176. 
     4.-2. General partnerships are properly such, where the parties carry 
on all their trade and business for their joint benefit and profit; and it 
is not material whether the capital stock be limited or not, or the 
contributions of the partners be equal or unequal. Cowp. 814. The game 
appellation is given to a partnership where the parties are engaged in one 
branch of trade only. 
     5.-3. Special partnerships, are those formed for a special or 
particular branch of business, as contradistinguished from the general 
business or employment of the parties, or of one of them. When they extend 
to a single transaction or adventure only, such as the purchase and sale of 
a particular parcel of goods, they are more commonly called limited 
partnerships. The appellation is however given to both classes of cases 
indiscriminately. Story, Partn. Sec. 75 
     6.-Sec. 2. When considered in relation to the number and character of 
the parties, partnerships are divided into private partnerships and public 
companies. 1. Private partnerships are those which consist of two or more 
partners for some private undertaking, trade, or business. 
     7.-Sec. 2. Public companies are those where a greater number of 
persons are concerned, and the stock is divided into a considerable number 
of shares, the object embracing generally public as well as private 
interests. This term is, however, perhaps loosely applied, as these 
companies have for the most part the character of private associations. They 
are either incorporated or not. The incorporated are to be governed by the 
rules established in their respective charters. See Corporation. The 
unincorporated are in general subject, to all the regulations of a common 
private partnership. 
     8.-Sec. 3. In the French law, partnerships are divided into three 
kinds, namely: 1. Partnerships under a collective name, that is, where the 
name of the firm contains the names of all or some of the partners. 
     9.-2. Partnerships en commandite or in commendam; these are limited 
partnerships, where one or more persons are general partners, and are 
jointly and severally responsible with all their estates, and one or, more 
other persons who furnish a part or the whole of the capital, who are liable 
only to the extent of the capital they have furnished. The business is 
carried on in, the name of the general partners. This species of 
partnership, with some modifications, has been adopted in several of the 
states of the American union. 3 Kent, Com. 34, 4th ed.; 2 Bouv. Inst. n. 
1473, et seq. 
    10.-3. Anonymous partnerships are those in which all the partners are 
engaged in the business, there is no social name or firm, but a name 
designating the object of the association. The business is managed by 
syndics or directors. Vide Poth. de Societe, h.t.; 5, Duv. Dr. Civ., Fr. 
h.t.; Pardes. Dr: Com. h.t.; Code de Com. h.t.; Merl. Repert. h.t. In 
Louisiana a similar division has been made. Civ. Code of Lo. h.t. 
    11.-Sec. 4. Partnerships are created by mere act of the parties; and 
in this they differ from, corporations which require the sanction of public 
authority, either express or implied. Aug. & Ames on Corp. 23. The consent 
of the parties may be testified, either in express terms, as by articles of 
partnership, or positive agreement; or the assent may be tacit, and to be 
implied solely from the act of the parties. An implied or presumptive assent 
has equal operation with one that is express and determined. And it may be 
laid down as a general and undeniable proposition, that persons having a 
mutual interest in the profits and loss of any business, or particular 
branch of business, carried on by them, or persons appearing ostensibly to 
the world as joint traders, are to be recognized and treated as partners, 
whatever may be the nature of the agreement under which they act, or 
whatever motive or inducement may prompt them to such an exhibition. 1 Dall. 
269. 
    12. A community of property does not of itself create a partnership, 
however that property may be acquired, whether by purchase, donation, 
accession, inheritance or prescription. Civ. Code of Louis. art. 2777. Hence 
joint tenants or tenants in common of lands, goods, or chattels, under 
devises or bequests in last wills or testaments, and deeds or donations 
inter vivos, and inheritances or successions, are not partners. Story, 
Partn. Sec. 3. 
    13. Joint owners of ships are not, in consequence of such ownership, to 
be considered as partners. Abbot on Ship. 68; 3. Kent, Com. 25, 4th ed.; 15 
Wend. 187; and see Poth. De Societe, n. 2; 4 Pard. Dr. Com. n. 969; 17 Dur. 
Dr. Fr. n. 320; 5 Duv. Dr. Civ. Fr. n. 33. 
    14.-The free and personal choice of the contracting parties is so 
essentially necessary to the constituting of a partnership, that even 
executors and representatives of deceased partners do not, in their 
representative capacity, succeed to the state and condition of partners; 2 
Ves. sen. 34; Wats. on Partn. 6; although a community of interest 
necessarily exists between them and the surviving partners, until the 
affairs of the partnership are wound up. 11 Ves. 3. When there is a positive 
agreement at the commencement of the partnership, that the personal 
representative or heir of a partner shall succeed him in the partnership, 
the obligation will be considered valid. Coll. on part. B. 1; ch. 1, Sec. 
11; Story, Partn. Sec. 5. 
    15.-Sec. 5. The object of the partnership must be legal. All 
partnerships, therefore, which are formed for any purpose forbidden by law 
or good morals, are null and void. But all the partners in such a 
partnership  are jointly liable to third persons who may contract with them 
without a knowledge of the illegal or immoral object of the partnership. 
Civ. Code of Lo. art. 2775; 5 B. & A. 341 2 B. & P. 371; 3 T. R. 454; Poth. 
Oblig. by Evans, vol. 2, page 3; Gow on Partn. 8; Wats. Partn. 131. 
Partnerships are not confined to mere commercial trade or business; but 
generally extend to, manufactures and, to all other lawful occupations and 
employments, or to professional or other business. They may extend to all 
the business of the parties; to a single branch of such business; to a 
single adventure; or to a single thing. But there cannot lawfully be a 
partnership in a mere, personal office, especially when it is of a public 
nature, requiring the personal confidence in the skill and integrity of the 
officer. Story, Partn. Sec. 81; Colly. Partn. 31. 
    16.-Sec. 6. Partnerships may be formed to last for life, or for a 
specific period of time; they may be conditional or indefinite in their 
duration, or for a single adventure or dealing; this depends altogether on 
the will of the parties. The period of duration is either expressed or 
implied, but the law will not presume that it shall last beyond life. 1 
Swanst. 521; 1 J. Wils. R., 181. When a particular term is fixed, it is 
presumed to endure until the period has elapsed; when no term is fixed, it 
is presumed to endure for the life of the parties, unless previously 
dissolved, by the acts of one of them, by mutual consent, or by operation of 
law. Story, Partn. Sec. 84. When no time is limited for the duration of a 
general trading partnership, it is a partnership at will, and may be 
dissolved at any time at the pleasure of any one or more of the partners. 
    17.-Sec. 7. A partnership may be dissolved in several ways: when the 
partnership is formed for a single dealing or transaction, it follows that 
it is at an end so soon as the dealing or transaction in which the partners 
jointly engaged is completed. Gow on Partn. 268; Inst. Lib. 3, tit., 26, s. 
6. 
    18. Where a general partnership is formed, either for a definite, or an 
indefinite period of time, the causes which may operate a destruction of it, 
are various. In the case of a partnership limited as to its duration, it 
may, in the intermediate time, before the restricted period of its 
termination arrives, be dissolved either by the death, the confirmed 
insanity, the bankruptcy of all or one of the partners, or it may endure the 
stipulated period, and expire with the effluxion of time; but where the 
partnership is unlimited as to its existence, although in the instances of 
death or bankruptcy, it is determined, yet if they do not intervene, any 
partner may withdraw himself from it whenever he thinks proper. Code, lib. 
4, t. 37, 1, 5. 
    19. Besides the causes above stated for a dissolution, a partnership, 
limited or unlimited as to its duration, may be dissolved by the decree of a 
court of equity, where the conduct of some or all of the partners has been 
such as not to carry on the trade or undertaking on the terms stipulated; 
Gow on Partn. 269; or by the involuntary or compulsory, sale or transfer of 
the partnership interest of any one of the partners. 17 John. R. 525. 
    20. In New York, it has been held that there is no such thing as an 
indissoluble partnership, and that, therefore, any partner may withdraw at 
any time; and by that act the partnership will be solved; the other party 
having his action against the withdrawing partner upon his covenant to 
continue the partnership; 19 Johns. R. 538. This doctrine is not in 
accordance with the English law. Indeed it is even doubtful in New York. 
Story, Eq. Jur. Sec. 668; Story, Partn. Sec. 275; 3 Kent Com. 61, 4th ed.; 1 
Hoffm. Ch. R. 534. See Gow on Partn. 803, 305, and 4 Wash. C. C. R. 232. 
    21. It may also be dissolved by the extinction of the thing or object of 
the partnership; or by the agreement of the parties. See Civ. Code of Louis. 
art. 2847 Code Civ. B. 3, fit. 9, c 4 art. 1865 to 1872; 2 Bell's Com. 631 
to 6414, 6th ed. See Dissolution. 
    22. The effect of the dissolution of the partnership is to disable any 
one of the partners from contracting new obligations or engagements on 
account of the firm. 1 Pet., R. 351; 3 McCord, 378; 4 Munf. 215; 2 John., 
300; 5 Mason, 56; Harper, R. 470; 4 John. 224; 1 McCord, 338; 6 Cowen, 701. 
But notwithstanding the dissolution there remain, with each of the partners, 
certain powers, rights, duties, authorities, and relations between them, 
which are indispensable to the complete arrangement and final settlement of 
the affairs of the firm. The partnership must, therefore, subsist for many 
purposes, notwithstanding the dissolution. Among these are, 1st. The 
completion of an the unperformed engagements of the partnership. 2d. The 
conversion of all the property, means and assets of the partnership, 
existing at the time of the dissolution, for the benefit of those who, were 
partners, according to their respective shares. 3d. The application of the 
partnership funds, to, the liquidation of the partnership debts. Story, 
Partn. Sec. 324. 
    23.-Sec. 3. By the laws of Louisiana, partnerships are divided, as to 
their object, into commercial partnerships and ordinary partnerships 
Commercial partnerships are such as are formed, 1. For the purchase of any 
personal property, and the sale thereof, either in the same state or changed 
by manufacture. 2. For buying and selling any personal property whatsoever, 
as factors or brokers. 3. For carrying personal property for hire, in ships 
or other vessels. Civ. Code of Lo. art., 2796. 
    24. Ordinary partnerships are, such as are not commercial; they are 
divided into universal or particular partnerships. Id. art. 2797. 
    25. Universal partnership is a contract by which the parties agree to 
make a common stock of all the property they respectively possess; they may 
extend it to all the property real and personal, or restrict it to personal 
only; they may, as, in other partnerships, agree that the property itself 
shall be common stock, or that the fruits only shall be such; but property 
which may accrue to one of the parties, after entering into the partnership, 
by donation, succession, or legacy, does not become common stock, and any 
stipulation to that effect, previous to the obtaining the property 
aforesaid, is void. Code Civ. of Lo.art. 2800. 
    26. Particular partnerships are such as are formed for any business not 
of a commercial nature. Id. art. 2806. The business of this partnership must 
be conducted in the name of all the persons concerned, unless a firm is 
adopted by the articles of partnership reduced to writing, and recorded as 
is prescribed with respect to partnerships in commendam. Id. art 2808. 
    27. There is also a species of partnership which may be incorporated 
with either of the other kinds, called partnership in commendam, or limited 
partnership. Id. art. 799. Partnership in commendam is formed by a contract, 
by which one person or partnership agrees to furnish another person or 
partnership a certain amount, either in property or money, to be employed by 
the person or partnership whom it is furnished, in his or their own name or 
firm, on condition of receiving a share in the profits, in the proportion 
determined by the contract, and of being liable to losses and expenses to 
the amount furnished, and no more. Id. art. 2810. 
    28. Every species of partnership may receive such partners. It is 
therefore a modification of which the several kinds of partnerships are 
susceptible, rather than a separate division of partnerships. Vide Bouv. 
Inst. Index, h.t.: Firm. 

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 quasi 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. Sec. 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 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 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, Ship. 70; 3 Kent Com. 151, 4th ed.; 2 
Bro. Civ. Law, 131; Molloy, B. 2, c. 1, Sec. 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 manifested a disposition to 
support the right of the court to order a sale of the ship. Story Partn. 
Sec. 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 
parturition, 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 true the joint tenants 
are [?] 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, 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. 
Sec. 91. 
     4. At common law, etch of the owners of a chattel 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 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, Ship. 70; 3 Kent, Com. 151, 4th ed.; 2 
Bro. Civ. Law, 131; Molloy, B. 2, c. 1, Sec. 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 Hagg. Ad. 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. 
Sec. 439; Bee's Adm. R. 12 i Gilpin, 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 
parturition, 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 contracts; 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. Tech. 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 John. 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. Sec. 
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 merchant'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. 

PASSENGER, cont. One who has taken a place. in a public conveyance, for the 
purpose of being transported from one place to another. 
     2. By act of Feb. 22, 1847, Minot's Statutes at Large of United States, 
p. 127, it is provided as follows: That if the master of any vessel owned in 
whole or in part by a citizen of the United States of America, or by a 
citizen of any foreign country, shall take on board, such vessel, at any 
foreign port or place, a greater number of passengers than in the following 
proportion, to the space occupied by them and appropriated for their use, 
and unoccupied by stores, or other goods, not being the personal luggage of 
such passengers, that is to say, on the lower deck or platform one passenger 
for every fourteen clear superficial feet of deck, if such vessel is not to 
pass within the tropics during such voyage; but if such vessel is to pass 
within the tropics during such voyage, then one passenger, for every twenty 
such clear superficial feet of deck, and on the poop deck (if any) one 
passenger for every thirty such superficial feet in all cases, with intent 
to bring such passengers to the United States of America, and shall leave 
such port or place with the same or any other number thereof, within the 
jurisdiction of the United States aforesaid, or if any such master of vessel 
shall take on board of his vessel, at any port or place within the 
jurisdiction of the United States aforesaid, any greater number of 
passengers than the proportions aforesaid admit, with intent to carry the 
same to any foreign port or place, every such master shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof before any circuit or 
district court of the United States aforesaid, shall, for each passenger 
taken on board beyond the above proportions, be fined in the sum of fifty 
dollars, and may also be imprisoned for any term not exceeding one year: 
Provided, That this act shall not be construed to permit any ship or vessel 
to carry more than two passengers to five tons of such ship or vessel. 
     3.-Sec. 2. That if the passengers so taken on board of such vessel, 
and brought into or transported from the United States aforesaid, shall 
exceed the number limited by the last section to the number of twenty in the 
whole, such vessel shall be forfeited to the United States aforesaid, and be 
prosecuted and distributed as forfeitures are under the act to regulate 
duties on imports and tonnage. 
     4.-Sec. 3. That if any such vessel as aforesaid shall have more than 
two tiers of berths, or in case, in such vessel, the interval between the 
floor and the deck or platform beneath shall not be at least six inches, and 
the berths well constructed, or in case the dimensions of such berths shall 
not be at least six feet in length, and at least eighteen inches in width, 
for each passenger as aforesaid, then the master of said vessel, and the 
owners thereof, severally, shall forfeit and pay the sum of five dollars for 
each and every passenger on board of said vessel on such voyage, to be 
recovered by the United States aforesaid, in any circuit or district court 
of the. United States where such vessel may arrive, or from which she sails. 
     5.-Sec. 4. That, for the purposes of this act, it shall in all cases 
be computed that two children, each being under the age of eight years, 
shall be equal to one passenger, and that children under the age of one year 
shall not be included in the computation of the number of passengers. 
     6.-Sec. 5. That the amount of the several penalties imposed by this 
act shall be liens on the vessel or vessels violating its provisions; and 
such vessel may be libelled and sold therefor in the district court of the 
United States aforesaid in which such vessel shall arrive. 
     9. By act of March 2, 1847, Minot's Statutes at Large of United States, 
p. 149, it is enacted, That so much of said act as authorizes shippers to 
estimate two children of eight years of age and under as one passenger, in 
the assignment of room, is hereby repealed. 
    10. The act of May 17, 1848, Minot's Statute at Large of United States, 
p. 220, further provides, That all vessels, whether of the United States or 
any other country, having sufficient capacity according to law for fifty or 
more passengers, (other than cabin passengers,) shall, when employed in 
transporting such passengers between the United States and Europe, have on 
the upper deck, for the use of such passengers, a house over the passageway 
leading to the apartment allotted to such passengers below deck, firmly 
secured to the deck, or combings, of the hatch, with two doors, the sills of 
which shall be at least one foot above the deck, so constructed that one 
door or window in such house may, at all times, be left open for 
ventilation; and all vessels so employed, and having the capacity to carry 
one hundred and fifty such passengers, or more, shall have two such houses; 
and the stairs or ladder leading down to the aforesaid apartment shall be 
furnished with a handrail of wood or strong rope: Provided, nevertheless, 
Booby hatches may, be substituted for such houses in vessels having three 
permanent decks. 
    11.-Sec. 2. That every such vessel so employed, and having the legal 
capacity for more than one hundred such passengers, shall have at least two 
ventilators to purify the apartment or apartments occupied by such 
passengers; one of which shall be inserted in the after part of the 
apartment or apartments, and the other shall be placed in the forward 
portion of the apartment or apartments, and one of them shall have an 
exhausting cap to carry off the foul air, and the other a receiving cap to 
carry down the fresh air which said ventilators shall have a capacity 
proportioned to the size of the apartment or apartments to be purified; 
namely, if the apartment or apartments will lawfully authorize the reception 
of two hundred such passengers, the capacity of such ventilators shall each 
of them be equal to a tube of twelve inches diameter in the clear, and in 
proportion for larger or smaller apartments; and all said ventilators shall 
rise at least four feet six inches above the upper deck of any such vessel, 
and be of the most approved form and construction: Provided, That if it 
shall appear from the report to be made and approved., as provided in the 
seventh section of this act that such vessel is equally well ventilated by 
any other means, such other means of ventilation shall be deemed, and held 
to be, a compliance with the provisions of this section. 
    12.-Sec. 3. That every vessel carrying more than fifty such passengers 
shall have for their use on deck, housed and conveniently arranged, at least 
one camboose or cooking range, the dimensions of which shall be equal to 
four feet long and one foot six inches wide for every two hundred 
passengers; and provisions shall be made, in the manner aforesaid in this 
ratio for a greater or less number of passengers: Provided, however, that 
nothing herein contained shall take away the right to make such arrangements 
for cooking between decks, if that shall be deemed desirable. 
    13.-Sec. 4. That all vessels employed as aforesaid shall have on 
board, for the use of such passengers, at the time of leaving the last port 
whence such vessel shall sail, well secured under deck, for each passenger, 
at least fifteen pounds of good navy bread, ten pounds of rice, ten pounds 
of oatmeal, ten pounds of wheat flour, ten pounds of peas and beans, thirty-
five pounds of potatoes, one pint of vinegar, sixty gallons of fresh water, 
ten pounds of salted pork, free of bone, all to be of good quality, and a 
sufficient supply of fuel for cooking; but at places where either rice, 
oatmeal, wheat flour or peas and beans cannot be procured, of good quality 
and on reasonable terms, the quantity of either or any of the other last-
named articles may be increased and substituted therefor; and in case 
potatoes cannot be procured on reasonable terms, one pound of either of said 
articles maybe substituted in lieu of five pounds of potatoes; and the 
captains of such vessels, shall deliver to each passenger at least one-tenth 
part, of the aforesaid provisions weekly, commencing on the day of sailing, 
and daily at least three quarts of water, and sufficient fuel for cooking; 
and if the passengers on board of any such vessel in which the provisions, 
fuel and water herein required shall not have been provided as aforesaid, 
shall at any time be put on short allowance during, any voyage, the master 
or owner of any such vessel shall pay to each and every passenger who shall 
have been put on short allowance the sum of three dollars for each and every 
day they may have been on such short allowance, to be recovered in the 
circuit or district court of the United States; Provided, nevertheless, and 
nothing herein contained shall prevent any passenger, with the consent of 
the captain, from furnishing for himself the articles of food herein 
specified; and, if, put on board in good order, it shall fully satisfy the 
provisions of this act so far as regards food, and provided further, That 
any passenger may also, with the consent of the captain, furnish for himself 
an equivalent for the articles of food required in other and different 
articles: and if, without waste or neglect on the part of the passenger, or 
inevitable accident, they prove insufficient, and the captain shall furnish 
comfortable food to such passengers during the residue of the voyage, this, 
in regard to food, shall also be a compliance with the terms of this act. 
    14.-Sec. 5. That the captain of any such vessel so employed is hereby 
authorized to maintain good discipline, and such habits of cleanliness among 
such passengers, as will tend to the preservation and promotion of health,; 
and to that end, he shall cause such regulations as he may adopt for this 
purpose to be posted up, before sailing, on board such vessel, in a place 
accessible to such passengers, and stall keep the same so posted up during 
the voyage; and it is hereby made the duty of said captain to cause the 
apartment occupied by such passengers to be kept, at all times, in a clean 
healthy state, and the owners of every such vessel so employed are required 
to construct the decks, and all parts of said apartment, so that it can be 
thoroughly cleansed; and they shall also provide a safe, convenient privy or 
water closet for the exclusive use of every one hundred such passengers. And 
when the weather is such that said passengers cannot be mustered on deck 
with their bedding, it shall be the duty of the captain of every such vessel 
to cause the deck occupied by such passengers to be cleaned [cleansed] with 
chloride of lime, or some other equally efficient disinfecting agent, and 
also at such other times as said captain may deem necessary. 
    15.-Sec. 6 That the master and owner or owners of any such vessel so 
employed, which shall not be provided with the house or houses over the 
passageways, as prescribed in the first section of this act; or with 
ventilators, as proscribed in the second section of this act; or with the 
cambooses or cooking ranges, with the houses over them, as prescribed in the 
third section of this act; shall severally forfeit and pay to the United 
States the sum of two hundred dollars for each and every violation of, or 
neglect to conform to, the provisions of each of said sections; and fifty 
dollars for each and every neglect or violation of any of the provisions of 
the fifth section of this act; to be recovered by suit in any circuit or 
district court of the United States, within the jurisdiction of which the 
said vessel may arrive, or from. which it may be about to depart, or at any 
place within the jurisdiction of such courts, wherever the owner or owners, 
or captain of such vessel, may be found. 
    16.-Sec. 7. That the collector of the customs, at any port in the 
United States at which any vessel so employed shall arrive, or from which 
any such vessel shall be about to depart, shall appoint and direct one of 
the inspectors of the customs for such port to examine such vessel, and 
report in writing to such collector whether the provisions of the first, 
second, third and fifth sections of this act have been complied with in 
respect to such vessel; and if such report shall state such compliance, and 
be approved by such collector, it shall be deemed and held as conclusive 
evidence thereof. 
    17.-Sec. 8. That the first section of the act entitled, "An act to 
regulate the carrying of passengers in merchant vessels," approved February 
twenty-second, eighteen hundred and forty-seven, be so amended that, when 
the height or distance between the decks of the vessels referred to in the 
said section shall be less than six feet, and not less than five feet, there 
shall be allowed to each passenger sixteen clear superficial feet on the 
deck, instead of fourteen, as prescribed in said section; and if the height 
or distance between the decks shall be less than five feet, there shall be 
allowed to each passenger twenty-two clear superficial feet on the deck; and 
if the master of any such vessel shall take on board his vessel, in any port 
of the United States, a greater number of passengers than is allowed by this 
section, with the intent specified in said first section of the act of 
eighteen hundred and forty-seven, or if the master of any such vessel shall 
take on board at a foreign port, and bring within the jurisdiction of the 
United, States, a greater number of passengers than is allowed by this 
section, said master shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished in the manner provided for the 
punishment of persons convicted of a violation of the act aforesaid; and in 
computing the number of passengers on board such vessels, all children under 
the age of one year, at the time of embarkation, shall be excluded from such 
computation. 
    18.-Sec. 9. That this act shall take effect, in respect to such 
vessels sailing from ports in the United States, in thirty days from the 
time of its approval; and in respect to every such vessel sailing from ports 
in Europe, in sixty days after such approval; and it is hereby made the duty 
of the secretary of state to give notice, in the ports of Europe, of this 
act, in such manner as he may deem proper. 
    19.-Sec. 10. That so much of the first section of the act entitled "An 
act regulating passenger ships and vessels," approved March second, eighteen 
hundred and nineteen, or any other act that limits the number of passengers. 
to two for every five tons, is hereby repealed. 
    20. By act of March 3, 1849, Minot's Statutes at Large of United States, 
p. 399, it is enacted, That all vessels bound from any port in the United 
States to any port or place in the Pacific Ocean, or on its tributaries, or 
from any such port or place to any port in the, United States on the 
Atlantic, or its tributaries, shall be subject to the provisions of all the 
laws now in force relating to the carriage of passengers in merchant 
vessels, sailing to and from foreign countries, and the regulation thereof; 
except the fourth section of the "Act to provide for the ventilation of 
passenger vessels, and for other purposes," approved May seventeenth, 
eighteen hundred and forty-eight, relating to provisions, water, and fuel; 
but the owners and masters of all such vessels shall in all cases furnish to 
each passenger the daily supply of water therein mentioned, and they shall 
furnish for themselves, a sufficient supply of, good and wholesome food; and 
in case they shall fail so to do, or shall provide unwholesome or unsuitable 
provisions, they shall be subject to the penalty provided in said fourth 
section in case the passengers are put on short allowance of water or 
provisions. 
    21.-Sec. 2. That the act, entitled "An act to regulate the carriage of 
passengers in merchant vessels," approved February twenty-second, eighteen 
hundred and forty-seven, shall be so amended as that a vessel passing into 
or through the tropics shall be allowed to carry the same number of 
passengers as vessels that do not enter the tropics, 
    22. By act of January 31, 1848, Minot's Statutes at Large of United 
States, p. 210, it is enacted, That, from and after the passage of this act, 
all and every vessel and vessels which shall or may be employed by the 
American Colonization Society, or by the Maryland State Colonization 
Society, to transport, and which shall actually transport, from any port or 
ports in the United States to any colony or colonies on the west coast of 
Africa, colored emigrants to reside there, shall be, and the same are 
hereby, excepted out of and exempted from the operation of the act entitled 
"An act to regulate the carriage of passengers in merchant vessels," passed 
twenty-second February, eighteen hundred and forty-seven; and of the act. 
entitled "An act to amend an act entitled 'An act to regulate the carriage 
of passengers in merchant vessels, and to determine the time,' when said act 
shall take effect,"' passed, second March, eighteen hundred and forty-seven. 
    23. No deduction is to be made, in estimating, the number of passengers 
in a vessel, for children or persons not paying. Gilp. R. 334. For his 
rights and duties, vide Common Carriers. 

PASTURES, pastures. The land on which beasts are fed; and by a grant of 
pastures the land itself passes. 1 Thorn. Co, Litt. 202. 

PATENT, construction. That which is open or manifest.
     2. This word is usually applied to ambiguities which are said to be 
latent, or patent. 
     3. A patent ambiguity is one which is produced by the uncertainty, 
contradictoriness or deficiency of the language of an instrument, so that no 
discovery of facts or proof of declaration can restore the doubtful or 
smothered sense without adding ideas which the actual words will not of 
themselves sustain. Bac. Max. 99 T. Raym. R. 411; Roberts on Fr. 15. 
     4. A latent ambiguity may be explained by parol evidence, but the rule 
is, different with regard to a patent ambiguity, which cannot be explained 
by parol proof. The following instance has been proposed by the court as a 
patent ambiguity: "If A B, by deed, give goods to one of the sons of J S, 
who has several sons, he shall not aver which was intended; for by judgment 
of law upon this deed, the gift is void for uncertainty, which cannot be 
supplied by averment." 8 Co. 155 a. And no difference exists between a deed 
and a will upon this subject. 2 Atk. 239. 
     5. This rule, which allows an explanation of latent ambiguities, and 
which forbids the use of parol evidence to explain a patent ambiguity, is 
difficult of application. It is attended, in some instances, with very 
minute nicety of discrimination, and becomes a little unsteady in its 
application. When a bequest is made "to Jones, son of, Jones," or "to Mrs. 
B," it is not easy to show that the ambiguity which this imperfect 
designation creates, is not ambiguity arising upon the face of the will, and 
as such, an ambiguity patent, yet parol evidence is admitted to ascertain 
the persons intended by those ambiguous terms. 
     6. The principle upon which parol testimony is admitted in these cases, 
is probably, in the first of them, a presumption of possible ignorance in 
the testator of the christian name of the legatee; and in the second, a 
similar presumption of his being in the habit of calling the person by the 
name of Mrs. B. Presumptions, which being raised upon the face of the will, 
may be confirmed and explained by extrinsic evidence. Rob' on. Fr. 15, 27; 2 
Vern. 624, 5; 1 Vern. by Raithby, 31, note 2; 1 Rop. Leg. 147; 3 Stark. Ev. 
1000; 3 Bro. C. C. 311 2 Atk. 239; 3 Atk. 257; 3 Ves. Jr. 547. Vide articles 
Ambiguity; Latent. 

PATENT, contracts. A patent for an invention is a giant made by the 
government of the United States to the inventor of any new or useful art, 
machine, manufacture or composition of matter, or any new and useful 
improvement in any art, machine, manufacture or composition of matter not 
known or used by others before his or their discovery or invention thereof, 
and not, at the time of his application for a patent, in public use or on 
sale, with his consent or allowance, as the inventor or discoverer; securing 
to him for a limited time, therein expressed, the full and exclusive right 
and liberty of making, constructing, using, and vending to others to be 
used, the said invention or discovery, on certain conditions, among which is 
the one of at once giving up his secret and making public his discovery or 
invention, and the manner of making and using the same, so that at the 
expiration of his privilege, it may become public property. The instrument 
securing this grant is also called a patent. The subject will be considered 
by taking a succinct view of, 1. The legislation of the United States on the 
subject. 2. The patentee. 3. The subject to be patented. 4. The caveat and 
preliminary proceedings. 5. The proceedings to obtain a patent. 6. The 
patent. 7. The duty or tax on patents. 8. Courts having jurisdiction in 
patent cases. 9. Actions for violations of patents. Sec. 1. Legislation of 
the United States. 
     2. The constitution of the United States authorizes congress to pass 
laws "to, promote the progress of science and the useful arts, by securing, 
for limited times, to authors and inventors, the exclusive right of their 
respective writings and discoveries." Art. 1, s. 8, n. 8. By virtue of this 
authority congress can grant patents to inventors, and it rests in the 
sound, discretion of the legislature to say when, and for what length of 
time, and under what circumstances the patent for an invention shall be 
granted. Congress may, therefore, grant a patent which shall operate 
retrospectively by securing to the inventor the use of his invention, though 
it was in public use and enjoyed by the community at the time this act was 
passed. 3 Sumn. 535; 2 Story, R. 164. The first act passed under this power 
is that which established the patent office on the 10th of April, 1790, 1 
Story, L. U. S. 80. There were several supplements and modifications to this 
first law, namely, the acts passed February 7, 1793, Idem, 300; June 7, 
1794, Idem, 363; April 17, 1800, Idem, 753; July 3,1832, 4 Sharsw. cont. of 
Story, L. U.S. 2300; July 13, 1832, Idem, 2313. 
     3. These acts were repealed by the act of July 4, 1836, 4 Sharsw. cont. 
Story, L. U. S. 2504, which. enacts: 
     Sec. 21. That all acts and parts of acts theretofore passed on this 
subject be, and the same are hereby repealed: Provided, however, That all 
actions and processes, in law or equity sued out prior to the passage of 
this act, may be prosecuted to final judgment and execution, in the same 
manner as though this act had not been passed, excepting and saving the 
application to any such action, of the provisions of the fourteenth and 
fifteenth sections of this act, so far as they maybe applicable thereto. And 
provided, also, That all applications and petitions for patents, pending at 
the time of the passage of this act, in cases where the duty has been paid, 
shall be proceeded with and acted on in the same manner as though filed 
after the passage thereof. 
     4. The existing laws on the subject of patents are the act of July 4, 
1836, already mentioned; the acts of March 3, 1837; Idem, 2546; March 3, 
1839; 9 Laws U. S, 1019; August29,1842; ch. 263, Pamph. Laws, 171; May 27, 
1848. Minot's Stat. at Large, U. S. 231. Sec. 2. Of the patentee. 
     5. Any person or persons having discovered or invented the thing to be 
patented, whether he be a citizen of the United States or an alien, is 
entitled to a patent on fulfilling the requirements of the law. Act of July 
4, 1836, s. 6. 
     6. By the 10th section of the same act it is provided, That where any 
person hath made, or shall have made, any new invention, discovery or 
improvement, on account of which a patent might by virtue of this act be 
granted, and, such person shall die before any patent shall be granted 
therefor, the right of applying for and obtaining such patent shall devolve 
on the executor or administrator of such person, in trust for the heirs at, 
law of the deceased, in case he shall have died intestate; but if otherwise, 
then in trust for his devisees, in as full and ample manner, and under the 
same conditions, limitations, and restrictions, as the same was held, or 
might have been claimed or enjoyed by such in his or her lifetime; and when 
application for a patent shall be made by such legal representatives, the 
oath or affirmation provided in the sixth section of this act, shall be so 
varied as to be applicable to them. 
     7. And by the act of March 3, 1837, section 6, it is enacted, That any 
patent hereafter to be issued, may be made and issued to the assignee or 
assignees of the inventor or discoverer, the assignment thereof being first 
entered of record, and the application therefor being duly made, and the 
specifications duly sworn to by the inventor. And in all cases, hereafter, 
the applicant for a patent shall be held to furnish duplicate drawings, 
Whenever the case admits of drawings, one of which to be deposited in the 
office, and the other to be annexed to the patent, and considered a part of 
the specification. 
     Sec. 3. The subject to be patented 
     8. Patents are granted, 1. For inventions and discoveries. 2. For 
importations. 1. Patents for inventions and discoveries. By the act, of July 
4, 1836, sect. 6, it is enacted, that any person or persons having 
discovered or invented any new and useful art, machine,, manufacture, or 
composition of matter, or any new and useful improvement on any art, 
machine, manufacture, or composition of matter, not known or used by others 
before his or their discovery or invention thereof, and not, at the time of 
his application for a patent, in public use or on sale, with his consent or 
allowance, as the inventor or discoverer, and shall desire to obtain an 
exclusive property therein, may make application in writing to the 
commissioner of patents, expressing such desire, and the commissioner on due 
proceedings had, may grant a patent therefor. 
     9. The thing to be patented must be an invention Or discovery; it must 
be new and useful. 
    10.-1. The invention or discovery must be something which the inventor 
has himself found out; some peculiar device or manner of producing any given 
effect. A patent cannot, therefore, be taken out for the elementary 
principles of motion, which philosophy and science have discovered, but only 
for the manner of applying them. 1 Gallis. 478; 2 Gallis. 51. 
    11. A patent may be taken out for an improvement on a machine which is 
known and used; 3 Wheat. 454; but a mere change of former proportions, will 
not entitle a party to a patent. 1 Gallis. 438; 2 Gallis. 51. 
    12. It is provided by the act of July 4, 1836, s. 13, that whenever the 
original patentee shall be desirous of adding the description and 
specification of any new improvement of the original invention or discovery 
which shall have been invented or discovered by him subsequent to the date 
of his patent, he may, like proceedings being had in all respects as in the 
case of original applications, and on the payment of fifteen dollars, as 
hereinbefore provided, have the same annexed to the original description and 
specification; and the commissioner shall certify, on the margin of such 
annexed description and specification, the time of its being annexed and 
recorded; and the same shall thereafter have the same effect in law, to all 
intents and purposes as though it had been embraced in the original 
description and specification. 
    13. And by the act of March 3, 1837, s. 8, that, whenever application 
shall be made to the commissioner for any addition of a newly discovered 
improvement to be made on an existing patent, or when ever a patent shall be 
returned for correction, and re-issue, the specification of claim annexed to 
every such patent shall be subject to revision and restriction, in the same 
manner as are original applications for patents; the commissioner, shall not 
add any such improvement to the patent in the one case, nor grant the re-
issue in the other case, until the applicant shall have entered a 
disclaimer, or altered his specification of claim in accordance with the 
decision of the commissioner; and in all such cases the applicant, if 
dissatisfied with such decision, shall have the same remedy and be entitled 
to the benefit of the same privileges and proceedings as are provided by law 
in the case of original applications for patents. 
    14.-2. The thing patented must be a new and useful invention, 
discovery or improvement. 
    15. Among inventors, he who is first in time, has a right to the patent 
for the invention. Pet. C. C. R. 394. 
    16. But by the act of March 3, 1839, sect. 7, it is provided, that every 
person or corporation who has, or shill have, purchased or constructed any 
newly invented machine, manufacture, or composition of matter, prior to the 
application by the inventor or discoverer for a patent, shall be held to 
possess the right to use, and vend to others to be used, the specific 
machine, manufacture, or composition of matter so made or purchased, without 
liability therefor to the inventor, or any other person interested in such 
invention; and no patent shall be held to be invalid by reason of such 
purchase, sale, or use, prior to the application for a patent as aforesaid, 
except on proof of abandonment of such invention to the public; or that such 
purchase, sale, or prior use has been f