PART.-" Part" of a Book, Copyright Act, 1842; V. "Part of a Drama," inf: Vf, Re Cooper, 64 L. J. Ch. 403; 1895, 1 Ch. 567; 72 L. T. 390; 43 W. R. 444.

"Part" of a Cause of Action or Claim, s. 74, Co. Co. Act, 1888; V. CAUSE OF ACTION.

A" part" of a Drama within the Dramatic Copyright Act, 1833, 3 & 4 W. 4, c. 15, s. 2, does not mean a particle of it, but a substantial or material part (Chatterton v. Cave, 47 L. J. C. P. 545; 3 App. Ca. 483: Vf, Walter v. Steinkopff, 1892, 3 Ch. 489; 61 L. J. Ch. 521). V. DRAMATIC.

Part" of an Estate; V. Re Fuller and Leathley, cited ESTATE. Vƒ, ANY: Power of Sale of "any Part, " inf.

Part of a "House" or " Manufactory" within s. 92, Lands C. C. Act, 1845; V. HOUSE: MANUFACTORY: Caledonian Ry v. Turcan, cited ROAD.

"Part" of "Houses, Walls, Buildings, Lands, Tenements, and Heredits," may be acquired compulsorily by a Metropolitan Local Authority under ss. 80, 81, 82, Michael Angelo Taylor's Act; but that only authorizes the taking of such a "Part" as will not so sensibly and substantially alter the character and condition of the property from which it is to be taken that such property could no longer be occupied and used for its existing purposes (Gordon v. St. Mary Abbotts, 1894, 2 Q. B. 742; 63 L. J. M. C. 193: Gibbon v. Paddington, 1900, 2 Ch. 794; 69 L. J. Ch. 746; 83 L. T. 136; 49 W. R. 8; 64 J. P. 727).

Part of a "House," quà Rep People Act, 1832; V. HOUSE: DWELLING HOUSE: SEPARATE OCCUPATION.

"Any Part" of Land; V. ANY.

"Parts of the Machinery"; V. DANGEROUS.

"Part of a Mine," within the Coal Mines Regulation Act, 1872, 35 & 36 V. c. 76, means, "a part having a separate system of ventilation which, by the terms of the statute, is a separate mine" (per Day, J., Wales v. Thomas, 55 L. J. M. C. 61; 16 Q. B. D. 340; 55 L. T. 400; 50 J. P. 516; 2 Times Rep. 53).

"Part Ownership "; V. PARTNERSHIP.

"Part of a Parish"; V. PARISH, towards end.

Part Payment; V. EARNEST: PAYMENT.

"Part of a Promissory Note, Bill of Exchange, or Bank Post Bill, PURPORTING to be a Bank Note," &c, s. 16, Forgery Act, 1861, 24 & 25 V. c. 98, is not confined to the obligation contained in such a document but, means the thing as it is commonly regarded, including e.g. an engraved ornamental border (R. v. Keith, 24 L. J. M. C. 110; 3 W. R. 412; 25 L. T. O. S. 118).

Building" used in Part for PURPOSES of Trade or Manufacture and in Part as a Dwelling-house," s. 74 (2), London Bg Act, 1894, "applies to the case of a SHOP with living rooms above it" (per Lawrence, J.,

Carritt v. Godson, 1899, 2 Q. B. 193; 68 L. J. Q. B. 799; 80 L. T. 771; 63 J. P. 644), and does not apply to a PUBLIC HOUSE, because a Publican carries on his business all through the Licensed Premises " (per Day, J., Ib.).

Services are rendered "in Part within British Waters in saving life " from a British or Foreign Vessel, s. 544, Mer Shipping Act, 1894, if the crew of a Foreign Vessel (in distress outside British Waters) are there taken off the vessel and are thence brought to an English Port where they are landed (The Pacific, 1898, P. 170; 67 L. J. P. D. & A. 65; 79 L. T. 125; 46 W. R. 686). V. SALVAGE.

As to "Part of a STREET"; V. Mile-End Old Town v. Whitechapel Union, 45 L. J. M. C. 75; 46 Ib. 138.

"Part of the UNITED KINGDOM," quà Medical Act, 1886, 49 & 50 V. c. 48, " means, according to circumstances, England, Scotland, or Ireland" (s. 27).

"A Codicil is in its nature part of the WILL" (per Hardwicke, C., St. Alban's v. Beauclerk, 2 Atk. 639: Va, Fuller v. Hooper, 2 Ves. sen. 242: Crosbie v. Macdoual, 4 Ves. 610). V. HEREIN.

A Power to apply the whole or part of Income; V. WHOLE.
A Power to Lease "any Part" of an Estate; V. ANY, p. 95.
A Power to resume Possession of

V. ANY, p. 92.

any Part of demised premises;

A Power of Sale of "any Part" of an Estate; V. ANY, p. 95.
V. Re Fuller and Leathley, cited ESTATE.

An Appointment under a Power of a sum "part of" a larger sum subject to the Power, only indicates the fund out of which the Appointment is to have effect, so that if the larger sum is not wholly realized the sum appointed will not have to abate (Booth v. Alington, 6 D. G. M. & G. 613; 26 L. J. Ch. 138; 5 W. R. 107; 28 L. T. O. S. 211: Vthc, Re Saunders-Davies, 34 Ch. D. 482; 56 L. J. Ch. 492; 35 W. R. 493; 56 L. T. 153). Vf, REMAINDer.

Although it has been held that the words 'Part' or 'SHARE' will not carry an Accrued Share, it was laid down in Douglas v. Andrews (14 Bea. 347) that the words 'Part, Share, and INTEREST' would carry an accrued share" (per Jessel, M. R., Re Henriques, W. N. (75) 187, 188, following Douglas v. Andrews).

A Devise of "my Part," even before the Wills Act, 1837, would generally carry the fee (2 Jarm. 285: Woodhouse v. Herrick, 1 K. & J. 352; 24 L. J. Ch. 649; 3 W. R. 303).

"Part thereof"; V. Hewitt v. George, 18 Bea. 522.

"Wholly or in Part "; V. WHOLLY.

PART WITH.-V. ASSIGN: MORTGAGE: UNDERLEASE.

If donee in fee "shall not have disposed of and parted with" the property; V. Doe d. Stevenson v. Glover, cited DISPOSE OF.

PARTIAL ACCEPT'E 1413 PART'LAR BREACH

PARTIAL ACCEPTANCE. A Partial Acceptance is, "an AcCEPTANCE to pay part only of the amount for which the Bill is drawn " (s. 19 (2b), Bills of Ex. Act, 1882).

PARTIAL INCAPACITY.-Compensation for Partial Incapacity, Sch 1 (16), Workmen's Comp Act, 1897; V. Irons v. Davis, 1899, 2 Q. B. 330; 68 L. J. Q. B. 673; 80 L. T. 673; 47 W. R. 616: Pomphrey v. Southwark Press, 45 S. J. 59; 70 L. J. Q. B. 48: DISABLE: EARNINGS. Cp, INCAPACITAted.

PARTIAL LOSS.

This expression includes both a deterioration of all or any part of, and a total destruction of a part of, the subject of insurance" (Wood, 359, citing 2 Phillips, No. 1422. Vf, Park, ch. 6, 215: Maude & P. 525 et seq: Francis v. Boulton, 73 L. T. 578; 65 L. J. Q. B. 153; 44 W. R. 222; 8 Asp. 79).

V. TOTAL Loss: Loss: TRANSHIPMENT.

PARTIALITY.-V. IMPARTIALITY.

PARTICATA TERRA.-A Rood (Elph. 606).

"

in a

PARTICIPATE. Where beneficiaries are to "participate trust property, and there is no direction as to the shares to be taken, they take as tenants in common, in equal shares and proportions (Liddard v. Liddard, 29 L. J. Ch. 619; 28 Bea. 266). In Robertson v. Fraser (40 L. J. Ch. 776; 6 Ch. 696), Hatherley, C., said, "the word 'participate' clearly implied a sharing or division, and a tenancy in common was the natural consequence."

V. SHARE.

PARTICULAR.-"If a Condition of Sale provide compensation for any mistake in the description of the lots or for any error or misstatement in this particular,' the latter words will be construed in these particulars,' so as to embrace an error in the Particulars" (Sug. V. & P. 15, citing White v. Cuddon, 8 Cl. & F. 766; 4 Y. & C. Ex. 25: Sug. Real Prop. Law, 591). V. ERROR.

"Essential Particular"; V. ESSENTIAL.

PARTICULAR AVERAGE.-V. Gt. Indian Peninsular Ry v. Saunders, 30 L. J. Q. B. 218; 31 Ib. 206; 1 B. & S. 41; 2 Ib. 266: Kidston v. Empire Mar Insrce, 35 L. J. C. P. 250; 36 Ib. 156; L. R. 1 C. P. 535; 2 Ib. 357: 1 Maude & P. 426, n (y): Arn. Part 3, ch. 5. V. GENERAL AVERAGE: AVERAGE: F. P. A.

PARTICULAR BREACH.-V. Fletcher v. Nokes, and Penton v. Barnett, cited NOTICE, p. 1293.

PARTICULAR CHARGES.-V. Kidston v. Empire Mar Insrce, 35 L. J. C. P. 250; 36 Ib. 156; L. R. 1 C. P. 535; 2 Ib. 357.

PARTICULAR CHURCH. V.

CHURCH FOUNDATION.

ECCLESIASTICAL

CHARITY:

PARTICULAR DAMAGE.-V." Special Damage," sub SPECIAL.

PARTICULAR ESTATE. — A Particular Estate is an Estate less than a FEE SIMPLE; thus it is said " a Reversion is where the residue of the estate always doth continue in him that made the Particular Estate, or where the Particular Estate is derived out of his estate," e.g. where a" tenant in fee simple maketh gift in taile" (Co. Litt. 22 b). V. Contingent Remainders Act, 1877, 40 & 41 V. c. 33. V. REMAINDER.

PARTICULAR MANNER. V. DISTINCTIVE.

11

PARTICULAR PROVISION. As to this phrase in s. 59, 6 G. 4, c. 125, and in s. 370 (3), Mer Shipping Act, 1854, repld s. 618 (1, iii), Mer Shipping Act, 1894; V. The Killarney, Lush. 427; 30 L. J. P. M. & A. 41: Hadgraft v. Hewith, L. R. 10 Q. B. 350; 44 L. J. M. C. 140: The Hankow, 4 P. D. 197; 48 L. J. P. D. & A. 29: Vƒ, 1 Maude & P. 261, n (s): TRINITY HOUSE OUTPORT DISTRICTS.

PARTICULAR SEARCH. - V. SEARCH.

PARTICULAR TRUST.-"Particular and Specific Trust "; V. per Romilly, M. R., Sons of Clergy Corp v. Sutton, 29 L. J. Ch. 393; 27 Bea. 651 and per North, J., Sons of Clergy Corp v. Skinner, 1893, 1 Ch. 178; 62 L. J. Ch. 148. Cp, "Express Trust," sub EXPRESS.

PARTITION.-"It is clear that a power to make Partition of an Estate will not authorize a Sale or Exchange of it; but it has frequently been a question amongst conveyancers, whether the usual Power of Sale and Exchange does not authorize a Partition, and several partitions have been made, by force of such powers, under the direction of men of eminence " (Sug. Pow. 856). The learned author proceeds to discuss Abell v. Heathcote (4 Bro. C. C. 278; 2 Ves. 98), Re McQueen and Farquhar (11 Ves. 467), A-G. v. Hamilton (1 Mad. 214), and Bradshaw v. Fane (3 Drew. 534; 2 Jur. N. S. 247; 25 L. J. Ch. 413); but his conclusion is (p. 857),—" Until the question shall receive further decision, it can scarcely be considered clear that a Power to Exchange will authorize a Partition." That further decision was, however, furnished in Re Frith and Osborne (3 Ch. D. 618; 45 L. J. Ch. 780), in which Jessel, M. R.,

PARTITION

1415

PARTNERSHIP

reviewed all the authorities hereon, and, without hesitation, ruled that a Partition may be effected through a Power of Sale and Exchange.

On Partition generally, V. Partition Acts, 1868 and 1876, 31 & 32 V. c. 40; 39 & 40 V. c. 17: 1 White & Tudor, 181-222: Walker on Partition: Seton, 1853-1892: 9 Encyc. 437-451: SEVERANCE.

PARTNER. - The prohibition, in R. 316, Bankry Rules, 1886, that a Trustee or Member of a Committee of Inspection shall not purchase any part of a bankrupt's estate, either "by" himself or "any Partner, Clerk, Agent, or Servant," does not extend to such Partner, &c, who becomes such a purchaser on his own account (Re Gallard, 1897, 2 Q. B. 8; 66 L. J. Q. B. 484; 76 L. T. 327; 45 W. R. 556).

"Partner of a company "includes "the members of such bodies," quà Bankry (Scot) Act, 1856, 19 & 20 V. c. 79 (s. 4).

PARTNERSHIP.—“An agreement that something shall be attempted with a view to gain, and that the gain shall be shared by the parties to the agreement, is the grand characteristic of every partnership" (Lindley, P., 5 ed., 1); and "to use the word 'partnership' to denote a society not formed for gain, is to destroy the value of the word " (Ib. 2).

For a discussion of the various definitions of "Partnership"; V. Pooley v. Driver, 46 L. J. Ch. 466; 5 Ch. D. 458: Badeley v. Consolidated Bank, 34 Ch. D. 536; 38 Ib. 238: 40 S. J. 46.

The Partnership Act, 1890, 53 & 54 V. c. 39, provides that:
:-

I. "Partnership' is the relation which subsists between persons carrying on a business in common, with a view of PROFIT"; but membership in a Registered or Incorporated Co does not create a partnership (s. 1). II. "In determining whether a partnership does or does not exist, regard shall be had to the following rules:

"(1) JOINT TENANCY, TENANCY IN COMMON, Joint Property, Common Property, or Part Ownership, does not, of itself, create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof.

"(2) The sharing of Gross Returns does not, of itself, create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the use of which the returns are derived.

"(3) The receipt by a person of a Share of the Pronts of a business is prima facie evidence that he is a partner in the business; but the receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not, of itself, make him a partner in the business; and in particular "(a) The receipt by a person of a DEBT or other Liquidated