Legal Term Dictionary

A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or Immunity held by * a person or class, against or beyond the course of the law. Privilege More...

A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or Immunity held by * a person or class, against or beyond the course of the law. Privilege is an exemption from some burden or attendance, with which certain persons are indulged, from a supposition of law that the stations they fill, or the offices they are engaged in, are such as require all their time and care, and that, therefore, without this indulgence, it would be impracticable to execute such offices to that advantage which the public good requires. See Lawyers' Tax Cases, 8 Heisk. (Tenn.) 649; U. S. v. Patrick (C. C.) 54 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; Com. v. Henderson, 172 Pa. 135, 33 Atl. 368; Tennessee v. Whitworth (C. C.) 22, Fed. 83; Morgan v. Louisiana, 93 U. S. 217, 23 L. Ed. 800; Corfleld v. Coryell, 6 Fed. Cas. 551; State v. Oilman, 33 W. Va. 146, 10 S. E. 283, 6 L. R. A. 847. In the dvil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Civil Code La. art 3186. In maritime law. An allowance to the master of a ship of the same general nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge of such usage by the parties. 8 Chit Commer. Law, 431. In the law of libel and slander. An exemption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made In the performance of a duty, political, judicial, social, or personal. Privilege is either absolute or conditional. The former protects the speaker or publisher without reference to his motives or the truth or falsity of the statement This may be claimed in respect, for instance, to statements made in legislative debates, in reports of ofiicers to their superiors in the line of their duty, and statements made by judges, witnesses, and jurors in trials in court Conditional privilege will protect the speaker or publisher unless actual malice and knowledge of the falsity of the statement Is shown. This may be claimed where the communication related to a matter of public interest, or where it was necessary to protect one's private interest and was made to a person having an interest in the same matter. Ramsey v. Cheek, 109 N. C. 270, 13 S. E. 775; Nichols v. Eaton, 110 Iowa. 509, 81 N. W. 792, 47 L. R. A. 483, 80 Am. St. Rep. 319; Knapp A Co. v. Campbell, 14 Tex. Civ. App. 199, 86 S. W. 765; Hill v. Drainage Co., 79 Him, 335; 29 N. Y. Supp. 427; Cooley v. Galyon, 109 Tenn. 1, 70 S. W. 607, 60 L. Rv A. 139, 97 Am. St Rep. 823; Ruohs v. Backer, 6 Heisk. (Tenn.) 405, 19 Am. Rep. 598; Cranflll v. Hayden, 97 Tex. 544, 80 S. W. 613. In parliamentary law. The right of a particular question, motion, or statement to take precedence over all other business he-fore the house and to be considered immediately, notwithstanding 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, immunities, or dignity of the entire body, or of "constitutional privilege," where it relates to some action to be taken or some order of proceeding expressly enjoined by the constitution. -Privilege from arrest. A privilege extended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of government, whereby they are exempted from arrest on civil process, and, in some cases, on criminal charges, either permanently, as In the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and witnesses engaged in a particular suit etc.-Privilege) tan. A tax on the privilege of carrying on a business for which a license or franchise ia required. Adams v. Colonial Mortgage Co., 82 Miss. 263. 34 South. 482, 100 Am. St. Rep. 633: Gulf & Ship Island R. Co. v. Hewes, 183 U. S. 66, 22 Sup. Ct 26, 46 L. Ed. 86; St Louis v. Western Union Tel. Co.. 148 U. S. 92,13 Sup. Ct 485, 37 L. Ed. 380.-Real privilege. In English law. A privilege granted to, or concerning, a particular place or locality. -Special privilege. In constitutional law. A right, power, franchise, immunity, or privilege granted to, or vested in, a person or class of persons, to the exclusion of others, and in derogation of common right See City of Elk Point v. Vaughn, 1 Dak. 118> 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 release of a person arrested in a civil suit contrary to his privilege. Less...

Possessing or enjoying a privilege; exempt from burdens; entitled to priority or precedence. -Privileged eommunieations. See COMMUNICATION.-Privileged copyhold. See COPYHOLD.-Privileged debts. Those which , an executor or administrator may pay in preference to others; such as funeral expenses, servants' wages, and doctors' bills during last sickness, etc.-Privileged deed. In Scotch More...

Possessing or enjoying a privilege; exempt from burdens; entitled to priority or precedence. -Privileged eommunieations. See COMMUNICATION.-Privileged copyhold. See COPYHOLD.-Privileged debts. Those which , an executor or administrator may pay in preference to others; such as funeral expenses, servants' wages, and doctors' bills during last sickness, etc.-Privileged deed. In Scotch law. An instrument for example, a testament hi the execution of which certain statutory formalities usually required are dispensed with, either from necessity or expediency. Ersk. Inst 3. 2, 22: Bell-Privileged villenage. ID old English law. A species of villenage in which the tenants held by certain and determinate services; otherwise called "villein-eoc- age." Bract fol. 209. Now called "privileged copyhold/' including the tenure in ancient demesne. 2 Bl. Comm. 99, 100. Privilegia qua* re vera sunt ia prav Judieium reipnbliose, magis tamen ha-bent speciosa frontispieia, et boni pub-lici pravtextum, qnam bona) et legales eoneesslones; aed praetextu lieiti non debet admitti illietum. 11. Coke, 8a Privileges which are truly in prejudice of public good have, however, a more specious front and pretext of public good than good and legal grants; but under pretext of legality, that which is illegal ought not to be admitted. Less...

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 single person some anomalous or irregular punishment When such privilegia conferred anomalous rights, they More...

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 single person some anomalous or irregular punishment When such privilegia conferred anomalous rights, they were styled "favorable." When they imposed anomalous obligations, or inflicted anomalous punishments, they were styled "odious." Aust Jur. ? 748. In modern civil law, "priiHlegium" is said to denote, in its general sense, every peculiar 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 released. Such is the lien, recognized by modern maritime law, of seamen upon the ship for their wages. 2 Pars. Mar. Law, 561. Less...

The benefit of clergy, (g. v.) Privilegium est beneficium personals, et entingnitnr onm persona. 3 Bulst. 8. A privilege is a personal benefit and dies with the person. Privilegium est quasi private leas. 2 Bulst. 189. Privilege is, as it were, a private law. Privilegium non valet contra rempub-lioam. Privilege More...

The benefit of clergy, (g. v.) Privilegium est beneficium personals, et entingnitnr onm persona. 3 Bulst. 8. A privilege is a personal benefit and dies with the person. Privilegium est quasi private leas. 2 Bulst. 189. Privilege is, as it were, a private law. Privilegium non valet contra rempub-lioam. Privilege is of no force against the commonwealth. Even necessity does not excuse, where the act to be done is against the commonwealth. Bac. Max. p. 32, in reg. 5. Less...

A qualified property in animals feres natura; i. e., a privilege of hunting, taking, and killing them, in exclusion of others. 2 Bl. Comm. 394 ; 2 Steph. Comm. 9.

A qualified property in animals feres natura; i. e., a privilege of hunting, taking, and killing them, in exclusion of others. 2 Bl. Comm. 394 ; 2 Steph. Comm. 9. Less...

The term "privity" means mutual or successive relationship to the same rights of property. The executor is in privity with the testator, the heir with the ancestor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 More...

The term "privity" means mutual or successive relationship to the same rights of property. The executor is in privity with the testator, the heir with the ancestor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 111. 510, 14 N. E. 859; Hunt v. Haven, 52 N. H. 169; Mygatt v. Coe, 124 N. Y. 212, 26 N. E. 611,11 L. R. A. 646; Strayer v. Johnson, 110 Pa. 21, 1 Aa 222; Litchfield v. Crane, 123 U. S. 549, 8 Sup. Ct 210, 31 L. Ed. 199. Privity of contract Is that connection or relationship whicfi exists between two or more contracting parties. It is essential to the maintenance of an action on any contract that there should subsist a privity between the plaintiff 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 remainder-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 inheritable,) and between coparceners. This privity was formerly of Importance in the law of descent cast Co. Litt 271a, 242a; 2 Inst 516; 8 Coke, 426. Less...

A person who Is in privity with another. See PRIIVIES; PRIVITY. As an adjective, the word has practically the same meaning as "private." -Privy oouneiL In English* Jaw. The principal council of the sovereign, composed of the cabinet ministers, and other persons chosen by the king or queen as privy More...

A person who Is in privity with another. See PRIIVIES; PRIVITY. As an adjective, the word has practically the same meaning as "private." -Privy oouneiL In English* Jaw. The principal council of the sovereign, composed of the cabinet ministers, and other persons chosen by the king or queen as privy councillors. 2 Steph. Comm. 479, 480. The judicial committee of the privy council acts as a court of ultimate appeal in various cases.-Privy councillor. A member of the privy council.-Privy purse. In English law. The income set apart for the sovereign's personal use.-Privy seaL In English law. A seal used in making out grants or letters patent, preparatory to their passing under the great seal 2 Bl. Comm. 347.-Privy signet. 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. 847.-Privy token. A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to deceive persons, and thereby fraudulently get possession of property. St. 33 Hen. VIII. c. 1. A false privy token is a false private document or sign, not such as is calculated 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, p. 1294.-Privy verdict. In practice. A verdict given privily to the judge out of court but which was of no force unless afterwards affirmed by a public verdict given openlv in court. 3 Bl. Comm. 377. Kramer v. Kister, 187 Pa. 227, 40 Atl. 1008, 44 L. R. A. 432; Barrett v. State. 1 Wis. 175; Young v. Seymour. 4 Neb. 89; Com. v. Heller, 5 Phila. (Pa.) 123. Now generally superseded by the "sealed verdict," I. e.. one written out sealed up. and delivered to the judge or the clerk of the court. Less...

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 privateer of the other belligerent, and claimed as enemy's property, and therefore liable to appropriation and condemnation under the laws of war. See 1 C. Rob. More...

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 privateer of the other belligerent, and claimed as enemy's property, and therefore liable to appropriation and condemnation under the laws of war. See 1 C. Rob. Adm. 228. Captured property regularly condemned by the sentence of a competent prize court 1 Kent, Comm. 102. In contracts. Anything offered as a reward of contest; a reward offered to the person who, among several persons or among the public at large, shall first (or best) perform a certain undertaking or accomplish certain conditions. -Prize courts. Courts having jurisdiction to adjudicate upon captures made at "oa in time of war, and to condemn the captureo property as prize if lawfully subject to that sentence. In . England, the admiralty courts have jurisdiction as prize courts, distinct from the jurisdiction on the instance side. In America, the federal district courts have jurisdiction in cases of prize. 1 Kent, Comm. 101-103, 353-360. See Penhallow v. Doane, 3 Dall. 91, 1 L. Ed. 507 ; Maley v. Shattuck, 3 Cranch, 488, 2 U Ed. 498; Cushing v. Laird. 107 U. S. (59. 2 Sup. Ct 196, 27 L. Ed. 391.-Prize goods. Goods which are taken on the high seas, jure belli, out of the hands of the enemy: The Adeline, 9 Cranch, 244, 284, 3 L. Ed. 719. -Prise law. ? The system of laws and rules applicable to the capture of prize at sea; its condemnation, rights of the captors, distribution of the proceeds, etc. The Buena Ventura fD. C;> 87 Fed. 929.-Prise money. A dividend from the proceeds of a captured vessel, etc., paid to the captors. U. S. v. Steever, 113 U. S. 747, 5 Sup. Ct. 765, 28 L. Ed. 1133. Less...

For; in respect of; on account of; In behalf of. The introductory word of many Latin phrases.

For; in respect of; on account of; In behalf of. The introductory word of many Latin phrases. Less...

For and against. A phrase descriptive of the presentation of arguments or evidence on both sides of a disputed question.

For and against. A phrase descriptive of the presentation of arguments or evidence on both sides of a disputed question. Less...