Blacks Law Dict. 1st ed

940

PBIVIES

PRIVATE EASEMENT

the stock; e. g. t a college, hospital, bank, rail road, manufacturing company, etc PRIVATE EASEMENT. An easement, the enjoyment of which is restricted to one or more individuals; as distinguished from a public easement, the enjoyment of which be longs to the community generally. PRIVATE EXAMINATION. An ex amination or interrogation, by a magistrate, of a married woman who is grantor in a deed or other conveyance, held out of the presence of her husband, for the purpose of ascertain ing whether her will in the matter is free and unconstrained. PRIVATE LAW. As used in contradis tinction to public law, the term means all that part of the law which is administered between citizen and citizen, or which is con cerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation is in cident are private individuals. See PUBLIC LAW. PRIVATE NUISANCE. Anything done to the injury or annoyance of the lands, tenements, or hereditaments of another. 3 Bl. Comm.216. PRIVATE PERSON. An individual who is not the incumbent of an office. PRIVATE PROPERTY, as protected from being taken for public uses, is such property as belongs absolutely to an individ ual, and of which he has the exclusive right of disposition; property of a specific, fixed, and tangible nature, capable of being had in possession and transmitted to another, such as houses, lands, and chattels. 29 Miss. 21, 82. PRIVATE RIGHTS. Those rights which appertain to a particular individual or individuals, and relate either to the person, or to personal or real property. 1 Chit. Gen. Pr. 3. PRIVATE STATUTE. A statute which operates only upon particular persons, and private concerns. 1 Bl. Comm. 86. An act which relates to certain individuals, or to particular classes of men. Dwar. St. 629. PRIVATE WAY. A right which a per son has of passing over the land of another. PRIVATE WRONGS. The violation of public or private rights, when considered

In reference to the injury sustained by the individual, and consequently as subjects for civil redress or compensation, 3 Steph. Comm. 356. PRIVATEER. A vessel owned, equipped, and armed by one or more private individuals, and duly commissioned by a belligerent power to go on cruises and make war upon the enemy, usually by preying on his commerce. Privatio preesupponit habitum. 2 Rolle, 419. A deprivation presupposes a possession. PRIVATION. A taking away or with drawing. Co. Litt. 239. Frivatis pactionibus non dubium est non lsedi jus eseterorum. There is no doubt that the rights of others [third parties] cannot be prejudiced by private agreements. Dig. 2, 15, 3, pr.; Broom, Max. 697. Privatorum conventio juri publico non derogat. The agreement of private in dividuals does not derogate from the public right, [law.] Dig. 50, 17, 45, 1; 9 Coke, 141; Broom, Max. 695. PRIVATUM. Lat. Private. Privatum jus, private law. Inst. 1, 1, 4. Privatum commodum publico cedit. Private good yields to public. Jenk. Cent, p. 223, case 80. The interest of an individ ual should give place to the public good. Id. Privatum incommodum publico bono pensatur. Private inconvenience is maJe up for by public benefit. Jenk. Cent. p. 85, case 65; Broom, Max. 7. PRIVEMENT ENCEINTE. Fr. Preg nant privately. The term is applied to a woman who is pregnant, but not yet quick with child. PRIVIES. Persons connected together, or having a mutual interest in the same ac tion or thing, by some relation other than that of actual contract between them; per sons whose interest in an estate is derived from the contract or conveyance of others. Those who are partakers or have an interest io any action or thing, or any relation to another. They are of six kinds: (1) Privies of blood; such as the heir to his an cestor. (2) Privies in representation; as executors or administrators to their deceased testator or intes tate. (3) Privies in estate; as grantor and grantee, lessor and lessee, assignor and assignee, etc. (4) Privities, in respect of contract, aie person

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