Page:Black's Law Dictionary (Second Edition).djvu/949

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PRISON

oned debtor, who is out on bonds, may go at will. See GAOL.—Pr-ison-breaking. The common-law offense of one who. beim lawfully in custody, escapes from the place “here he

in caniined, by the employment of force_ and violence. This oifcnse is to be distii_i_-guislied ironi “i'escue," (41. v..) which is a Licliveraiice of a prisoner from lawful custody by a thir person. 1 Dish. Criin. Law. § 1065.

PRISONAM FRANGENTIBUS. STATUTE DE. The English statute 1 Edw. II. St. 2, (in Rev. st. 23 Edw. I.,) a still unrepealed statute, whereby it is felony for a felon to brcai; piison, but misdemeanor only for a misdemezmaut to do so. 1 Hale, P. C. 612.

PRISONER. One who is deprived of his liberty; one who is against his will Lept in confinement or ciistotiy.

A person restrained of his liberty upon any action, ciiii or criminal, or upon command- ment. Cowell.

A person on trial for crime. “The prisoner

at the bar." The jurors are told to “look upon the prisoner." The court, after passiig sentence, gives orders to “remove the prisoner." See Hairston v Com, 97 Va 754, 32 S. E. 797; Royce v. Salt Lake City, 15 Utah. 401. 49 Pac. 290. -1’:-isoner at the has-. A.n accused person. while on trial before the court. is so called.- Prisoner of war. One who has been captured in “air while fighting in the army of the public enemy.

PRIST. L. Fr. Ready. In the old forms of oral pleading, this term expressed a tender or joinder of issue.

I-‘tins vitiis labaxuvirnus, nnnn legi- Ims. 4 Inst. 76. We labored first with vices, now with laws.

PRIVATE. Aifecting or belonging to pri- vate individuals, as distinct from the public generally. Nor oficial.

-1’:-ivate person. An individual who is not the incumbent of an oilice.

As to private “Act," “Agent," “Bi1i." “Boundary." “Brlilge." "Carrier." “Chapel,” "Corporation." “l«)nsement,“ “Examination," v" "Nuiszince," ‘1'i'operty." "Prosecu- .< "Road," “ ‘ ie," “Sciiooi," “Si'al'ute." “Sti-eam," “'1‘riist." "War," “Way," and “\\’rongs," see those titles.

PRIVATE LAW. As used in contradi'stlnction to public law, the term means all that part of the law which is administered between citizen and citizen, or which is cocnerned with the definition. regulation, and enforcement of rights in cases where both the person in whom the i-iglit inheres and the person upon whom the obligation is in-

cident are private individuals. See Pnnuo Law. PRIVAT]-IE3. A vessel owned. equipped.

and armed by one or more pri_vate individ-

941

PRIVIGN A

uals, and duly commissioned by a belligerent power to go on cruises and make war upon the enemy, usually by preying on his com- merce.

Privntio pruasnppunit liahitnm. 2 Rolls, 419. A deprivation presupposes a possession.

PRIVATION. A taking away or with- drawing. Co. Litt. 239.

Privntis pactionibns non dnhinm est non liaeili Jun caster-oi-um. There is no doubt that the rights of others [third parties] cannot be preyuiliced by private agreements. Dig. 2, 15, 3, pr.; Broom, Max. 697.

Pr-ivatoram cunventio Jun-i puhlicu nun dex-ogat. The agreement of private individ- uals does not derognte from the public right, [iaw.] Dig. 50, 17, 45, 1; 9 Coke, 1-11; Broom, Max. 695.

PRIVATUM. jus, private law.

Lat. Private. Priuatum Inst. 1, 1, 4.

Privatum cnmmodnm pnblico cedit. Private good yields to public. Jenk. Cent. 1). 223, case 80. The interest or an individ- ual should give place to the public good. Id.

Privatnm innommndnm pnblicn bonn pcxisatur. Private inconvenience is made up for by public benefit. Jenk. Cent. p. 85. case 65; Broom, Max. 7.

PRIVEMENT ENC]-JINTE. Fr. Pregnant privateiy. The term is applied to a woman who is pregnant, but not yet quick with child.

PRIVIES. Persons connected together. or having a mutual interest in the same action or thing, by some rel-ition other than that of :1I:iu.il contract between them: persons whose interest in an estate is derived from the contract or conveyance or others.

Those who are partairers or have an interest in any action or thing, or any relation to an- other. 'l‘i_iey are of six kinds:

(1) Primes of blood; such as the heir to his ancestor.

(21 Privies in representation: as executors or administrators to their deceased tesiator or intestate.

(3) Privics in estate: as grantor and grantee, lessor nnd lessee, assi,-:nor and assignee. etc.

(4) Privilies, in respect of contract, are personal privilies, and extend only to the persons of the lessor and lessee.

(5) Privies in respect of estate and contract: as where the lessee assigns his interest; but the contract between lessor and lessee continues, the lessor nnt having accepted of the assignee.

(G) Pi-ivies in law: as the lord by esclieat. a tenant by the Plltteiiy, or in dower, the incum- heat of a beneficc. a husband suing or defending in right of his wife, etc. Wharton.

PRIVIGNA. Int. In the civil law. A

step-daughter.