Blacks Law Dict. 1st ed

928

PREFERENCE

PREMIER SERJEANT, ETC.

larger amount than they would be entitled to receive on a pro rata distribution. Also the right held by a creditor, in virtue of some lien or security, to be preferred above others {i. e., paid first) out of the debtor's assets constituting the fund for creditors. PREFERENCE SHARES. A term used in English law to designate a new issue of shares of stock in a company, which, to facilitate the disposal of them, are accorded a priority or preference over the original shares. Such shares entitle their holders to a pref erential dividend, so that a holder of them is entitled to have the whole of his dividend (or so much thereof as represents the extent to which his shares are, by the constitution of the company, to be deemed preference shares) paid before any dividend is paid to the ordinary shareholders. Mozley & Whit ley. PREFERENTIAL ASSIGNMENT. An assignment of property for the benefit of creditors, made by an insolvent debtor, in which it is directed that a preference (right to be paid first in full) shall be given to a creditor or creditors therein named. PREFERRED CREDITOR. A cred itor whom the debtor has directed shall be paid betore other creditors. PREFERRED DEBT. A demand which has priority; which is payable in full before others are paid at all. PREGNANCY. In medical jurispru dence. The state of a female who has with in her ovary or womb a fecundated germ, which gradually becomes developed in the latter receptacle. Dungl. Med. Diet. PREGNANCY, PLEA OF. A plea which a woman capitally convicted may plead in stay of execution; for this, though it is no stay of judgment, yet operates as a respite of execution until she is delivered. Brown. PREGNANT NEGATIVE. See NEG ATIVE PREGNANT. PREJUDICE. A forejudgment; bias; preconceived opinion. A leaning towards one side of a cause for some reason other than a conviction of its justice. The word "prejudice" seemed to imply nearly the same thing as "opinion," a prejudgment of the case, and not necessarily an enmity or ill will against either party. 5 Cush. 297. "Prejudice" also means injury, loss, or damnification. Thus, where an offer or ad

mission is made "without prejudice." or a motion is denied "without prejudice," it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost, except in so far as may be expressly conceded or de cided. PRELATE. A clergyman of a superior order, as an archbishop or a bishop, having authority over the lower clergy; a dignitary of the church. Webster. PRELEVEMENT. Fr. In French law. A preliminary deduction; particularly, the portion or share which one member of a firm is entitled to take out of the partnership as sets before a division of the property is made between the partners. PRELIMINARY. Introductory; initia tory; preceding; temporary and provisional; as preliminary examination, injunction, ar ticles of peace, etc. PRELIMINARY ACT. In English ad miralty practice. A document stating the time and place of a collision between vessels, the names of the vessels, and other particu lars, required to be filed by each solicitor in actions for damage by such collision, unless the court or a judge shall otherwise order. Wharton. PRELIMINARY INJUNCTION. An injunction granted at the institution of a suit, to restrain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made perpetual, according to the result of the controversy, as soon as the rights of the parties are determined. PRELIMINARY PROOF. In insur ance. The first proof offered of a loss oc curring under the policy, usually sent in to the underwriters with the notification of claim. PREMEDITATE. To think of an act beforehand; to contrive and design; to plot or lay plans for the execution of a purpose. See DKLIBEBATE. PREMEDITATION. The act of medi tating in advance; deliberation upon a con templated act; plotting or contriving; a de sign formed to do something before it is done. PREMIER. A principal minister of state; the prime minister. PREMIER SERJEANT, THE QUEEN'S. This officer, so constituted b?

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