Page:Black's Law Dictionary (Second Edition).djvu/940

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PREMISES

b1icher's Estate, 168 Pa. 158, 32 ALI. 30; Cum- mings v. Dearbnrn, 56 Vt. -141; State v. Frmch, l2U lnd. ' J‘, 22 N. E. 105.

The -word is also used to denote the sub jcct-matter insured in a policy. 4 Campb. 89.

In equity pleading. The statlng part of .i bill. It contains 3 narrative of the facts and cii-cumstances of the pl:iIntiJ'1"s case, and the wrongs of which he complains, and the names of the poisons by whom done and agaiiisl; whom he seeks redress. Story. Eq.

P PI. 3: 27.

PREMIUM. The sum paid or agreed to be paid by an assured to the u.Llderwr1ter as the consideration 1oi- the insurance; being a certain rate per cent. on the amount insured. 1 I-'bll. Ins. 205; State v. lflittsbnig, etc., lty. Co., 68 Ohio St. 9, 67 N. h). 93, 64 L. It. A. £05, 96 Am St. ltep. 635; Hill V. Insurance Uo., 129 hliLh. 141, as N. W. 392.

A bounty or bonus; a consider.it1on glven to Invite (I ionu or a bargain; as the consideration ]).l)|] to the assignor by the asslgnee of a ieuse, or to the transferrer by the transferee of shares of St0Llk. etc. so stock is said to be "at a p1'e.i.umm" when Its market price exceeds its nominal or face value. lthode lsiand lluspltai Trust Co. v. Arming- ton, .'l R. I. '33, 4.1 At]. 571; White v. Williams, 510 Am. 719. 45 Atl. 1001; Washington, etc., Assn v. Stanley, 38 Or. 319, 63 Pac. 48‘). 53 L. B. A. 816, 84 Am. St. Rep. 793; Bliilding Ass'n v. Eklund, 190 Ill. 257, (30 N. E. 5'.’.1, 5.’. L. R. A. 637. See I-‘AB.

In granting 3 lease, part of the rent ls

sometimes capitalized and pn.l(l in 3 lump sum at the tlnie the lease ls granted. This is called 3 “pi-ei.i.iinin." —Preminm note. A promissory note given hy the insured for part or all of the amount of the pi-eu.innn.—Px-eminm pudicitise. The price of chastity. A Lumpensntion for the loss of chnsuty, paid or piumised to, or for the benefit of, a seduced female.

PREMUNIRE. See Pizaairnnralt.

PRENDA. In Spanish law. Pledge. W'bite, New Recop. b. 2, tlt. 7. PRENDEE, PBJENDRE. L. Fl‘. To

take. The power or right of taking a thing without waiting for it to be ol1'ered. See A PBENDEB.

PRENDER DE BARON. L. Fr. In Old English law. A taking of husband; marriage. An exception or plea which might be used to disable a woman from pursuing an appeal of murder against the killer of her former husband Staundet. P. O. lib. 3, c. 59.

PREPENSE. Forethought; preconceived; preniedlbited. See 'l‘eriltory v. Bannigfln. 1 Dak. 451, 46 N. W. 597; People V. Clark, 7 N. Y. 385.

932

PREROGATIVE

PREPONDERANCE. This word means something more than "wel,ght;" it deuum 3 superiority of weight, or outweiglilng. T words are not synonymous, but substnntl ly dil1'erent. {mere is generally 3 "weig- of evidence on each slde In case 01' contested facts. But juries cannot properly acl. upon the weight of evidence, in tin-or of the 0119 having the onus. unless It overhear. In some degree, the weight upon the oiher Shinn v. Tucker, 37 Ark. 588. And see Hod» man v. Loud. 111 Mich. 158, 69 N. W. 23]; Wiiicox v. Hines, 100 Tenn. 51A, -15 S. W. 781. I56 Am. St. Rep. 761; Mortimcr v. lilo- Mulien, 202 I11. 413, 67 N. E; 20; Bryan V. Chicago, etc., It. 00., 63 Iowa, -164.. 19 H. W. 295.

PREROGATIVE. An exclusive or pecu- ilar prlviiege. The special power, privilefig Immunity, or advantage vested in an clai person, either generally, or in re-‘pat to the things of his office, or in an i-ldgi body, 3s a court or Ieglslnture See Attorney General v. Blossom. 1 W15. 317; Attorney Generai v. Eau Ciaire, 37 Wis. 4-43.

In English law. That speclal pre-enil- nence which the king (or queen) has over and above aii other persons, in right of his (or her) regai dignity. A term used to de- note those rights and capacltles whlch the sovereign enjoys alone, in contradlstlnction to others. 1 Bl. Comm. 269.

—Pl'e'rogative court. In Eiigllsh law. A court established for the trial of all testamentary causes, where the deceased left bomz mito- biha viithin two different dioceses: in which case the probate of wills beloriged to the arrh- bisbop of the province, by way of special preki- slive. And all causes relating to the wiils, a - niinistrations, or legacies of such peisnns wen originally cugnizable herein, before a judge 3]) pointed by the archbishop, called the "jurlgv of the prerogiitlve court," from whom an appeal lay to the privy council. 3 Bl. Comm. 66; 3 Staph. Comm. -152. In New Jersey the prerogative court is the court of appeal from dmrees of the orphans‘ courts in the several counties of the state. The court is held before the chancellor. under the title of the “ordinary." See In re Coursen’s Will. 4 N. J. l-iii. 413; Flnnigan v. Guggenheim smelting C0,, 63 N . Law, 647, 44 At]. 762; Robinson v. Fair. 128 U. S. 53. 9 Sup. Ct. 30, 32 L. Ed. 4-J5.—Pre- rogative law. That part of the common law of England which is more particularly applicable to the king. Com. Dig. tit. "Ley," A.- Px-eragative wx-its. In English law, the name is given to certain judicial writs issued by the courts only upon proper cause shown, never as a mere matter of right, the theory heing that they Involve a direct interference by the government with the liberty and property of the subject, and therefore are justihed only as an exercise of the extraordinary power (prr rogatlve) of the crown. In America, a theory has sometimes been advanced that these writ: siiould issue only in cases publiti iur1'.i and those affecting the sovereignty of the state, or ltl franchises or prerogatives, or the liberties of the people. But their issuance is new generally regulated by statute, and the use of the term ‘prero.-zative," in describing them. ainonnts only to a reference to their origin and iiistnry. These writs are the writs of man mus, procadeniln prohibition, quo warrauto, haheas COl‘pIlS,.li.|l

certlorari. See 3 Staph. Comm. 62‘); Territory