Page:Black's Law Dictionary (Second Edition).djvu/950

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PRIVIGNUS

N PBIVIGNUS. Lat. In the civil law. A sou of a husband or wife by a former marriage; a step-son. Calvin.

PRIVILEGE. A particular and peculiar bcnelit or :i(i\'ai.it.-ige enjoyed by I1 person. cunipziiiy, or class. beyond the common ad- \-iint.iges of other citizens. An exceptional or exrraordjnaiy power or exemption. A right, power, franchise, or immunity held by a person or class, against or beyond the

P course of the liiW.

1'1-ii'i‘ic.-;e is an exemption from some burden or attendance, with which certain peisons are iiidiiiged, from a supposition of law that the stations they fill, or the offices they are eiig- ed in. me such as require all their time and care, unii that, therefore, without this indulgence. it wonid be impracticable to execute such othces to that advantage which the pub- lic good requires See Lawyers’ Tax Cases, 8 I-Ieish. (Tenn.) 649; U. S. v. Patrick (C. C.) 5-1 Fed. 348; Dike v. State. 38 Minn. 366, 38 N. W. 95; International Trust Co. v. American L. & T. Co., 62 Minn. 501, 65 N. W. 78; Cum. r. Henderson. 172 Pa. 135, 33 Atl. 368; Tennessee v. Whitirorth (C. C.) 22 Fed. 83,- hiiirgan v. Louisiana. 93 U. S. 217, 23 L. Ed. 860: Gorfield v. coryell, 6 Fed. Cas. 551, State v. Giiman, 36 W. V . 146, I0 S. E. 283, 6 L. R. A. 847.

In the civil law. A right which the nature of a debt gives to a creditor, and which entities him to be preferred i-i-l‘oie other cred- itors. Civii Code La. art. 3186.

In maritime law. An allowance to the master of a ship of the same general nature with priiiiage. being coinpensation, or rather a gratuity, customary in certain trades, and which the i.iw assumes to be :1 fair and equitable aiiiiu once, because the coutlact on both sides is made under the knovrledge of such usage by the paities. 3 Chit. Commer. Law, 431.

In the law of libel and slander. An ex- emption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in the pei-foriuiiiice of 21 duty, political. judicial. social, or personal. Privi- lege is either almo-lute or comliliumil_ The former protects the speaker or publisher without reference to his motives or the truth or falsity of the statement. This may be claim- ed in respect, for instance, to statements made in legislative (ieb:il.es, in reports of officeis to their superiors in the line of their duty, and . einents made by judges, wit- nesses, and jurors in trials in court. Conditionui privilege will protect the speaker or publisher unless actuni malice and knowledge of the falsity at the statement is shown. This may be claimed where the communication related to a matter or.‘ public interest. or where it was necessary to protect one's pi i- viite interest and was made to :1 person h:iving an interest in the same matter. Rum-

942

PR IVILEGED

sey v. Cheek, 109 N. C. 270, 13 S. E. Til: Nichols v. Eaton, 110 Iowa. 500, Si N. W. 792, 47 L. R. A. 433, 80 Am. St. Rep. 319; Lmipp & Co. v. Campbell, 14 Tex. Giv. App. 199, 36 S. W. 70.); Hill v. Drainage Co., 79 Him, 335. 29 N. Y. Supp. 4:27; Caiiiey r. Galyon, 109 Tenn. 1, 70 S. W. 607. 60 II. R. A. 139, 97 Am. St. Rep. 823; Ruohs 17. Back- er, 6 Heisk. (‘Teiin.) 405, 19 Am. Rep. 595; Cranflll v. Hayden, 97 Tex. 544. 80 S. W. (313

In parliamentary law. The right of II particular question. motion, or statement to take precedence over all other business before the house and to be consiilei-ed immediately, notwithstnnrling any consequent interference with or setting aside the rules of procedure adopted by the house. The matter may be one of “personal privilege." where it concerns one member of the house in his capacity as a legislator, or of the "privilege of the house." where it concerns the rights, iinniunities, or dignity of the entire body, or of "constitutional pi-iiiiege." where it relates to some action to be taken or some order of proceeding expressly enjoined by the constitution.

—P1-ivilege from an-est. A privilege extended to certain clnsses of persons. either by the ruins of international law, the policy of the law, or the necessities of justim or of the ad- ministration of government, whereby they are exempted from arrest on civil process, and. in some cases. on criminal charges. either perma- nently, as in the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and iiimcsses engaged in a paiiiculnr suit. etc —Px-ivilege tax. A tax on the privilege of carrying on B business for which a license or fmntiiise is required. Adams v. Colonial Mortgiige C0,. 82 Miss. 263. .54 South. 4782. 100 Am. S

(:33 Gulf & Ship Island It. Co. v. Eiewe us 66.22 Sup.

In English law. A priviie,-:e gninteri to, or concerning. 3 paiticular place or locality. —Specin.1 privilege. In constitutional law. A right. power. franchise, immunity, or privi- lege granted to, or vested in, a person or class of persons, to the exclusion of others, and in derogation of common right. See (‘ity of Elk Point v. Vaughn. 1 Diik. 113, 46 N. W. 577: Ex parte Douglass, 1 Utah, 111.—Writ of privilege. A process to enforce or maintain a privilege; particularly to secure the re- lease of a person arrested in 3 civil suit contrary tc his privilege.

PRIVILEGED. Possessing or enjoying I privilege; exempt from burdens; entltied to priority or precedence.

—Pii-ivileged communications. See Con- lilll‘lICAT10N.—PI‘ivi1eged copyholds. Sec C0PrIioLn.—Privx'leged debts. Those which nn executor or administriitor mny pay in preference to others; such as funeral expenses. serr- ants' wages, and doctors’ hills during last sick- nr-ss, eic.—Privileged deed. In Scotch law. An instrument, for example. a testament. in the execution of which certain statutory furnmllfies usually required are dispensed with. either from necessity or expediency. Ersk. Inst. 3 2, 22; Bell.—P:-ivileged villexlnge. in old English law. A species of vilienaize in which the tenaiits held by certain and (lPil‘|‘-

minate services; otherwise called "villcin-soc-