(单词翻译:单击)
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 applied1 to practice, by party is understood either the plaintiff or defendant2. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Vide Parties to contrads; Parties to 'actions; Parties to a suit in equity3.
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. Techn. h. t.
PARTY WALL. A wall erected5 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 joint6 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 consequential7 damages which may ensue. 17 Jobn. 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 erect4 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 prop8 the.,house of his neighbor, to prevent it from falling; if, however, the work be done with negligence9, by which injury accrues10 to the neighboring house, an action will lie. 1 Moody11 & 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. §500. In the excellent treatise12 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 illustrate13 our law. See also Poth. Contr. de Societe, prem. app. n. 207; 2 Hill.: Ab. 119; Toull. liv. 2, t. 2, c. 3.
1
applied
![]() |
|
adj.应用的;v.应用,适用 | |
参考例句: |
|
|
2
defendant
![]() |
|
n.被告;adj.处于被告地位的 | |
参考例句: |
|
|
3
equity
![]() |
|
n.公正,公平,(无固定利息的)股票 | |
参考例句: |
|
|
4
erect
![]() |
|
n./v.树立,建立,使竖立;adj.直立的,垂直的 | |
参考例句: |
|
|
5
ERECTED
![]() |
|
adj. 直立的,竖立的,笔直的 vt. 使 ... 直立,建立 | |
参考例句: |
|
|
6
joint
![]() |
|
adj.联合的,共同的;n.关节,接合处;v.连接,贴合 | |
参考例句: |
|
|
7
consequential
![]() |
|
adj.作为结果的,间接的;重要的 | |
参考例句: |
|
|
8
prop
![]() |
|
vt.支撑;n.支柱,支撑物;支持者,靠山 | |
参考例句: |
|
|
9
negligence
![]() |
|
n.疏忽,玩忽,粗心大意 | |
参考例句: |
|
|
10
accrues
![]() |
|
v.增加( accrue的第三人称单数 );(通过自然增长)产生;获得;(使钱款、债务)积累 | |
参考例句: |
|
|
11
moody
![]() |
|
adj.心情不稳的,易怒的,喜怒无常的 | |
参考例句: |
|
|
12
treatise
![]() |
|
n.专著;(专题)论文 | |
参考例句: |
|
|
13
illustrate
![]() |
|
v.举例说明,阐明;图解,加插图 | |
参考例句: |
|
|