Page:Black's Law Dictionary (Second Edition).djvu/946

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PRICKING NOTE

impartiality, as it is said, lets the point oi.‘ it fall upon one of the three names nomi- nated for each county, etc., and the peison upon whose name it chances to fall is sherili for the ensuing year. This is called “pricking for sheriffs." Atli. Sher. 18.

PRICKING NOTE. W'heI'e goode Intended to lie exported are put direct from the station of the warehouse into a ship alongside, the exporter fills up a document to authorize the receiving the goods on board. This document is called a “pricking note," from a practice of pricking holes in the pa- per correspondlng with the number of.‘ pack-

ages counted into the ship. Hamel, Cust. 181. PRIEST. A minister of a church. A per-

son in the second order of the ministry, as distinguished from bishops and deacons.

PRIMA FACIE. Lat. At first sigh an the first appearance; on the face of i so far as can be judged from the firat disclosure; presnmabiy.

A litigating party is said to have a prima fizcie case when the evidence in his favor is suificiently strong for his opponent to be culled on to nnsiver it. A prima. fucic case, then, is one which is established by suiiicient evidence, and can he overthrown only by rebutting evi- dence ndduccd on the other side. In some cases the only question to be considered is whether there is a prima facie case or no. Thus a grand jury are bound to find a true hill of indictment, if the evidence before them creates a piima faoie case against the accused; and for thi

purpose, therefore, it is not necessary for them .

to hear the evidence for the defense. Mozley & “'liltli=_v. Ami sce State v. Hardeleln, 160 l\Io. 579, 70 S. W. 130; State v. Luivlot, 28 Minn. 216. 9 N. W. 698. —Px-lina fscie evidence. See VIDENCE.

PRIMA TONSURA. The first mowing: Ii grant of a right to have the first crop of grass. 1 Chit. Pr. 131.

PRIMIE IMPRESSIONIS. A case prime: «zmprcssianis (of the first impression) is a case of a new liind, to which no estab- lished principle of law or precedent directly applies, and which must he decided entirely by reason as distliigulshed from authority.

PRIMIE PREGES. Lat. In the civil law. An imperial prerogative by which the emperor exercised the right of naming to the first prelwend that became vacant after his

accession. in every church of the empire. 1 Bl. Comm. 331. - PRIMAGE.}} In merczintile law. A small

aliowance or compcnsntion paynble to the muster nnd mariners of a ship or vessel; to the former for the use of his cables and ropes to discharge the goods of the mer- chant; to the latter for lsding and unlnding in any port or haven. Ahli. Shipp. 40-L; Peters v. Speights, 4 Md. Ch. 381; Blake v. Morgan, 3 Mart. 0. S. (L-.1.) 381.

938

PRIMO EXCUTIENDA

PRIMARIA EGCLESIA. The inotlier

church. 1 Steph. Comm. (7th Ed.) 118. PRIMARY. First; principal; chief; leading.

_—Priimu-y allegation. The opening pleading in a suit in the ecclesiastical court it is also called a "primary plea."—Priniary dil- pi_zs.i_i.l of the soil. In acts of cungre.-*s sil- mitting territories as states, and providing that no_ laiis shall be passed interfering with the primary disposal of the soil, this means the disposal of it by the United States government when it parts with its title to private persons or corporzitiuns acquiring the right to a patent or deed in accordance with law. Sec Oury i'. Goodwin, 3 Ariz. 255, 26 Pac. 377; Topeka Commerciai Secunl Co. v. McPherson, 7 (wt. 33:2, 54 Pac. .—P1'1ma:i-y powers. ’lI; principal authority given by a principal to his agent. It diiiers from “mediate powers." Story, Ag. § 58.

As to primary "Conveyance," "Election." “Evidence," and "Obligation," see those titles.

PRIMATE. A diiet ecciesiastic; part of the style and title of an archbishop. Thus. the archbishop of Canterbury is styled "Primate of all England ;" the archbishop of Yorli is “Primate of England" Wharton.

PRIME. Fr. In French law. The price of the risk assumed by an insurer; premium of insumnce. Emerig. Trnite des Assur. c. 3, 5 1. nn. 1, 2.

PRIME, v. To stand first or paramount to tnlie precedence or priority 01.‘; to out- rank; as, in the sentence “taxes prime all other liens."

PRIME SERJEANT. In English law. The king's first serjeiint at law.

PRIMER. A law French word, signifying first; primzuy. —Px-inier election. A term used to si_:nii_i- first choice; e. 9., the right of the eldest co- parcener to flrnt choose. a purport —Pi-iiner

ne. On suing out the writ or pi-wcipe called ii “writ of covenant," there was due to the crown, by ancient prerogative. a prwncr fine, or a noble for every five marks of land sued inr. Phat vias one-tenth of the annual value. 1 Staph. Comm. (7th Ed.) 5(50.—Px-imer selsin, See SEISIN.

PRIMICERTUS. In old English The first of nny degree of men. 1 Angl. 838.

law. Mon

PRIMITIE. In English law. First fruits; the first year's whole profits of a spiritual preferment. 1 Bl. Comm. 284.

PRIMO BENEFICIO. Lot. A Writ di- recting a grant of the first benefice in the sorereign's gift. Cowell.

Prime excntlenda est verhi vis, ne sermoriis vitlo ohstrnntnr orntio, live

lex sine s.x-g-iimentis. Co. Litt. 68. The