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Parturition

wall, expense and birth

PARTURITION. The act of giving birth to a child. See BIRTH.

PART1713 (Lat.). The child just before it is born, or immediately after its birth.

Offspring. See Mexims, Partus sequitur, etc.

A jury de medietate linguce, which title see.

A wall erected on the line between two adjoining estates, belonging to different persons, for the use of both estates. 2 Bouvier, 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 ad joining owners, at their joint expense, hilt 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 plaza his joists in it and use it for the support of his roof. See 4 Sandf. N. Y. 480 ; 24 Mo. 69 ; 12 La. Ann. 785. 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 neigh bour ; and, having done so, he is not answer able for any consequential damages -Ai& may vague. 17 Johns. N. Y. 92; 12 Mass. '220 ;

2 N. H. 534, See 1 Da11. Penn. 346 ; 5 Serg. & R. Penn. 1.

3. When such a wall exists between two buildings, belonging to different persons, and one of them takes it down with Ins buildings, he is required to erect another in its place in a reasonable time and with the least incon venience ; 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, Comm. 436 ; 6 Den. N. Y. 717. When the wall is taken down, it must he done with care ; but it is not the duty of the person taing 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, au action will lie. 1 Mood. & M. 362; 15 N. Y. 601. Consult Washburn, Easements ; 2 Washburn, Real Prop. ; 4 Carr. & P. 161 ; 9 Barnew. & C. 725 ; 3 Barnew. & Ad. 874 ; 2 Ad. & E. 493 ; 1 Crompt. & J. Exch. 20; 4 Paige, Ch. N. Y. 169 ; 1 Pick. Mass. 434 ; 12 Mass. 220 ; 2 &lie, Abr. 564.