Page:Black's Law Dictionary (Second Edition).djvu/951

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PRIVILEGIA QUE RE VERA

Age." Bract. I01. 209. Now called "privileged copyhold," including the tenure in ancient ilemesne. 2 Bl. Comm. 99, 100

Priv-ilegla qua: re vex-a aunt in pre- judlciuni I-eipublicze, magi: [amen hit- bent Ipeclosa fr-outispicia, et bani pub- lici pratextum, qunm Imna et legales eoncessiones; sed pl-atextu lioiti non de- but admitti illictnm. 11 Coke, 88. Privileges v\hich are truiy in prejudice of public good have, however, a more specious trout and pretext of public good than good and le- gai grants; but, under pretext of legality, that: which is illegal ought not to be admitted.

PRIVILEGIUM. In Roman law. A special constitution by which the Roman emperor conferred on some single person some anomalous or irregular right, or imposed upon some single person some anomalous or irregular obligation, or inflicted on some sin- gie person some anomalous or irreguiar pun- lshment. When such priivilcma. conferred anomalous rights, they were styled "favor- ab ." When they imposed anomalous obligations, or intlicted anomalous punishments, they were styled “o(lious." Aust. Jur. § 743.

In modern civil law, “p1~iviicgium" is said to denote, in its general sense, every pecullnr right or favor granted by the law, contrary to the common rule. Mackeld. Rom. Law, § 197.

A species of lien or claim upon an article of property, not dependent upon possession, but continuing until either satisfied or re- leased. Such is the lien. recognized by modern maritime law, of seamen upon the ship for their \\ ages. 2 Pars. l\Iar. Law, 561.

PRIVILEGIUM C L E B I C A L E. benefit of clergy, (q. 17.)

The

P1-ivileg-iu:m est beneflcium per-souale, at extingiiitur cum persona. 3 Iiulst. 8. A privilege is a personal benefit, and dies with the person.

Privilegium est quasi private lex. 2 Bulst 189. Privilege is, as it were, a pri- vate law.

Pi-iv-ileg-ium non valet contra x-empub- licnm. Privilege is of no force against the commonwealth. Even necessity does not ex- cuse, where the act to be done is against the commonweaith. Bac. Max. p. 32, in reg. 5.

PRIVIIEGIUM, PROPERTY PROP- TER. A qualified property Ln animals ferw mzturne; I. 3., a privilege of huntiw. taking, and killing them, in exclusion of others. 2 Bl. Comm. 391; 2 Steph. Comm. 9.

PRIVITY. The term "privity" means mutual or successive relationship to the same rights of property. The executor is Ln privity with the testator, the heir with the ances-

943

PRIZE

tor, the assignee with the assignor, the dunes with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 Ili. 510, 14 N. E. 859; Hunt v. Haven. 52 N. H. 169; Mygatt v. Coe, 124 N. Y. 212, 26 N. E. (311, 11 L. R. A. 6-16; Strayer v. Johnson, 110 Pa. 21, 1 Atl. 222; Litchfield V. Crane, 123 U. S. 549, 8 Sup. Ct. 210, 31 L. Ed. 199.

Privity of contract is that connection or relationship which exists between two or more contractLng parties. It is essential to the maintenance of an action on any contract that there should subsist a privity between the plaintlft and defendant in respect of the matter sued on. Brown.

Privity of estate is that which exists between lessor and lessee. tenant for life and rem.ii.nder-man or reversioner, etc., and their respective assignees, and between joint tenants and coparceners. Privity of estate is required for a release by enlargement. Sweet.

Privity of blood exists between an heir and his ancestor. (privity in blood i.nheritable,) and between coparceners. This privity was formerly of importance in the law of descent cast. 00. Litt. 271a, 242a; 2 Inst. 516; 8 Coke, 42!).

PRIVY. A person who is in privity with another. See Pnivrizs: Paivrrr.

As an adjective, the word has practically the same meaning as "private."

—Privy counciL In English law. The Fricnipal council of the sovereign, composed of the cabinet ministers, and other persons chosen by the king or quoen as privy councillors. 2 Staph. Comm. 479, 480. The judicial committee of the priiy council acts as a court of ultimate appeal in various cascs—Privy councillor-. A mom- her of the privy councils-Privy purse. In English law. The income set apart for the surei-eign‘s personal use.—Pi-ivy seal. in Eu, ish law. A seni used in making out grants or letters patent, preparatory to their passing under the great seal. . Comm. 3-i'i‘.—Pi-ivy nignet. In English law. The signet or seal which is first used in making out grants and letters patent, and which is always in the custody of the principal secretary of state. 2 Bl. Comm. 347.—Px-ivy taken. A false mark or sign. forged obiect. countericited letter. key. ring, etc.. used to dcceiie persons, and thors-bv fraud- ulently get possession of property. St. 3'! Hen. VIII. c. 1. A false privy token is a false 111‘!- vnte document or sign, not such as is calcu- lated to deceive men generally, but designed to defraud one or more individuals. Cheating by such false token was not indictable at common law. Pub. St. Mass. 1882. . 12!’/4.—Privy verdict. In. practice. A vet ict given privily to the judge out of court, but which was of no force unlcss afterwards affirmcd by a public verdict given openly in court. 3 Bl. Comm. 377. Kramer v. I\ star, 187 Pa. %. 40 All. mos, 44 L, R. A. 4522: Barrett v. State. ] Wis. 175: Young v. Seymour. 4 I\'eb. 89: Com. v. Heller. 5 Phila. (Pa.) 123. _ generaily eu- perscded by the "sealed verdict." i. e.. one written nut. sealed up, and delivered to the judge or the clerk of the court.

PRIZE. In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured at

sea by a war-vessel or privatecr of the other