Blacks Law Dict. 1st ed

929

PREROGATIVE COURT

PREMISES

PREMIUM NOTE. A promissory note given by the insured for part or all of the amount of the premium. PREMIUM PUDICITIiE. The priceof chastity. A compensation for the loss of chastity, paid or promised to, or for the ben efit of, a seduced female. PREMUNIRE. See PRJSMTJNIRE. PRENDA. In Spanish law. Pledge. White, New Recop. b. 2, tit. 7. PRENDER, PEENDEE. L. Fr. To take. The power or right of taking a thing without waiting for it to be offered. See A PRENDER. PRENDER DE BARON. L. Fr. In old English law. A taking of husband; marriage. An exception or plea which might be used to disable a woman from pur suing an appeal of murder against the killer at her former husband. Staundef. P. C. lib. 3, c. 59. P R E P E N S E . Forethought; precon ceived; premeditated. PREPONDERANCE. This word means something more than "weight;" it denotes a superiority of weight, or outweighing. The words are not synonymous, but sub stantially different. There is generally a "weight" of evidence on each side in case of contested facts. But juries cannot properly act upon the weight of evidence, in favor of the one having the onus, unless it overbear, in some degree, the weight upon the other side. 37 Ark. 588. PREROGATIVE. An exclusive or pe culiar privilege. The special power, privi lege, immunity, or advantage vested in an official person, either generally, or in respect to the things of his office, or in an official body, as a court or legislature. In English law. That special pre-emi nence which the king (or queen) has over and above all other persons, in right of his (or her) regal dignity. A term used to denote those rights and capacities which the sover eign enjoys alone, in contradistinction to others. 1 Bl. Comm. 239. PREROGATIVE COURT. In English law. A court established for the trial of all testamentary causes, where the deceased left bona notabilia within two different dioceses; in which case the probate of wills belonged to the archbishop of the province, by way of special prerogative. And all causes relating

letters patent, has preaudience over the bar after the attorney and solicitor general and queen's advocate. 8 Steph. Comm. (7th Ed.) 274, note. PREMISES. That which is put before; that which precedes; the foregoing state ments. Thus, in logic, the two introductory propositions of the syllogism are called the "premises," and from them the conclusion is deduced. So, in pleading, the expression "in consideration of the premises" frequently occurs, the meaning being "in consideration of the matters herein before stated." In conveyancing. That part of a deed which precedes the habendum, in which are set forth the names of the parties with their titles and additions, and in which are recited such deeds, agreements, or matters of fact as are necessary to explain the reasons upon which the present transaction is founded; and it is here, also, the consideration on which it is made is set down and the certainty of the thing granted. 2 Bl. Comm. 298. In estates. Lands and tenements; an es tate; the subject-matter of a conveyance. The term " premises " is used in common parlance to signify land, with its appurtenances; but its usual and appropriate meaning in a conveyance is the thing demised or granted by the deed. 13 N. J. Eq. 322. The word is also used to denote the sub ject-matter insured in a policy. 4 Campb. 89. In equity pleading. The stating part of a bill. It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done and against whom he seeks redress. Story, Eq. PI. § 27. PREMIUM. The sum paid or agreed to be paid by an assured to the underwriter as the consideration for the insurance; being a certain rate per cent, on the amount insured. 1 Phil. Ins. 205. A bounty or bonus; a consideration given to invite a loan or a bargain; as the consider ation paid to the assignor by the assignee of a lease, or to the transferrer by the transferee of shares of stock, etc. So stock is said to be "at a premium" when its market price exceeds its nominal or face value. See PAR. In granting a lease, part of the rent is sometimes capitalized and paid in a lump sum at the time the lease is granted. This is called a "premium." AM.DICT.LAW—59

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