Blacks Law Dict. 1st ed

PBIVIES

941

PR1VILEG1UM

al privities, and extend only to the persons of the lessor and lessee. (5) Privies in respect of estate and contract; as where the lessee assigns his interest, bnt the con tract between lessor and lessee continues, the les sor not having accepted of the assignee. (6) Privies in law; as the lord by escheat, a tenant by the curtesy, or in dower, the incumbent of a benefice, a husband suing or defending in right of his wife, etc. Wharton. PRIVIGNA. Lat. In the civil law. A etep-daughter. PRIVIGNTJS. Lat. In the civil law. A son of a husband or wife by a former mar riage; a step-son. Calvin. PRIVILEGE. A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common ad vantages 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.orthe 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 of fices to that advantage which the public good requires. 1 Pin. 118. , In the civil law. A right which the nat ure of a debt gives to a cieditor, and which entitles him to be preferred before other cred itors. 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 equi table allowance, because the contract on both sides is made under the knowledge of such usage by the parties. 3 Chit. Commer. Law, 431. PRIVILEGE PROM ARREST. A privilege extended to certain classes of per sons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of govern ment, whereby they are exempted from ar rest 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, WRIT OP. A process to enforce or maintain a privilege. Cowell. PRIVILEGED COMMUNICATION. In the law of evidence. A communication made to a counsel, solicitor, or attorney, in professional confidence, and which he is not permitted to divulge; otherwise called a "con fidential communication." 1 Starkie, Ev. 185. In the law of libel and slander. A de famatory statement made to another in pur suance of a duty, political, judicial, social, or personal, so that an action for libel or slander will not lie, though the statement be false, unless in the last two cases actual malice be proved in addition. Stim. Law Gloss. PRIVILEGED COPYHOLDS. In En glish law. Those copyhold estates which are said to be held according to the custom of the manor, and not at the will of the lord, as common copyholds are. They include cus tomary freeholds and ancient demesnes. 1 Crabb, Eeal Prop. p. 709, § 919. PRIVILEGED DEBTS. Those which an executor or administrator may pay in pref erence 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, in he execution of which certain statutory for malities usually required are dispensed with, either from necessity or expediency. Ersk. Inst. 3, 2, 22; Bell. PRIVILEGED VILLENAGE. In old English law. A species of villenage in which the tenants held by certain and determinate services; otherwise called "villein-socage." Bract, fol. 209. Kow called "privileged copyhold," including the tenure in ancient demesne. 2 Bl. Comm. 99, 100. Privilegia qusB re vera sunt in prse judicium reipublicse, magis tamen ha bent speciosa frontispicia, et boni pub lici prsetextum, quam bonse et legates concessiones; sed prsetextu liciti non de bet admitti lllictum. 11 Coke, 88. Priv ileges which are truly in prejudice of public good have, however, a more specious front and pretext of public good than good and le gal giants; but, under pretext of legality, that which is illegal ought not to be admit ted. PRIVILEGIUM. In Roman law. A special constitution by which the Roman em

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