Blacks Law Dict. 1st ed

PRIMICERIUS

PRIMA TONSURA

986

truth of any other hypothesis than the one at tempted to be established. 1 Starkie, Ev. 544. PRIMA TONSURA. The first mowing; a grant of a right to have the first crop of grass. 1 Chit. Pr. 181. IMPRESSIONIS. A case primes impressionis (of the first impression) is a case of a new kind, to which no estab lished principle of law or precedent directly applies, and which must be decided entirely by reason as distinguished from authority. PRIMiE PRECES. Lat. In the civil law. An imperial prerogative by which the emperor exercised the right of naming to the first prebend that became vacant after his accession, in every church of the empire. 1 Bl. Comm. 381. PRIMAGE. In mercantile law. A small allowance or compensation payable to the master and mariners of a ship or vessel; to the former for the use of his cables and ropes to discharge the goods of the merchant; to the latter for lading and unlading in any port or haven. Abb. Shipp. 404. PRIMARIA ECCLESIA. The mother church. 1 Steph. Comm. (7th Ed.) 118. PRIMARY. First; principal; chief; leading. PRIMARY ALLEGATION. The opening pleading in a suit in the ecclesiastic al court. It is also called a "primary plea." PRIMARY CONVEYANCES. Those by means whereof the benefit or estate is cre ated or first arises; as distinguished from those whereby it may be enlarged, restrained, trans ferred, or extinguished. The term includes feoffment, gift, grant, lease, exchange, and partition, and is opposed to derivative convey ances, such as release, surrender, confirma tion, etc. 2 Bl. Comra. 309. PRIMARY ELECTION. An election by the voters of a ward, precinct, or other small district, belonging to a paiticular par ty, of representatives or delegates to a con vention which is to meet and nominate the candidates of their party to stand at an ap proaching municipal or general election. PRIMARY EVIDENCE. As opposed to secondary evidence, this means original or first-hand evidence; the best evidence that the nature of the case admits of; the evidence which is required in the first instance, and which must fail before secondary evidence

can be admitted. Thus, an original docu ment is primary evidence; a copy of it would be secondary. That evidence which the nature of the case or question suggests as the proper means of ascertaining the truth. PRIMARY OBLIGATION. An obli gation which is the principal object of the contract. For example, the primary obliga tion of the seller is to deliver the thing sold, and to transfer the title to it. It is distin guished from the accessory or secondary ob ligation to pay damages for not doing so. 1 Bouv. Inst. no. 702. PRIMARY POWERS. The principal authority given by a principal to his agent. It differs from "mediate powers." Story* Ag. § 58. PRIMATE. A chief ecclesiastic; part of the style and title of an archbishop. Thus, the archbishop of Canterbury is styled "Pri mateof all England;" the archbishop of York is "Primate of England." Wharton. PRIME. Fr. In French law. The price of the risk assumed by an insurer; premium of insurance. Emerig. Traite des Assur. c 3, § 1, nn. 1, 2. PRIME SERJEANT. The queen's first Serjeant at law. PRIMER. A law French word, signify ing first; primary. PRIMER ELECTION. A term used to signify first choice; e. g., the right of the eld est coparcener to first choose a purpart. PRIMER FINE. On suing out the writ or prcedpe called a "writ of covenant," there was due to the crown, by ancient prerogative, a primer fine, or a noble for every five marks of land sued for. That was one-tenth of the annual value. 1 Steph. Comm. (7th Ed.) 560. PRIMER SEISIN. In English law. The right which the king had, when any of his tenants died seised of a knight's fee, to receive of the heir, provided he were of full age, one whole year's profits of the lands, if they were in immediate possession; and half a year's profits, if the lands were in reversion, ex pectant on an estate for life. 2 Bl. Coniuu 66. PRIMICERIUS. In old English law. The first of any degree of men. 1 Mon. Angl. 838.

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