Blacks Law Dict. 1st ed

PRIVILEGIUM

PRIZE

942

tween lessor and lessee, tenant for life and remainder-man or reversioner, etc., and their respective assignees, and between joint ten ants and coparceners. Privity of estate is required for a release by enlargement. Sweet. Privity of blood exists between an heir and his ancestor, (privity in blood inheritable.) and between coparceners. This privity was formerly of importance in the law of descent cast. Co. Iatt 271a, 242a; 2 Inst. 516; 8 Coke, 426. PRIVY. A person who is in privity with another. See PRIVIES; PRIVITY. PRIVY COUNCIL. In English law. The principal council of the sovereign, com posed of the cabinet ministers, and other persons chosen by the king or queen as privy councillors. 2 Steph. Comm. 479, 480. The judicial committee of the privy council acts as a court of ultimate appeal in various cases. PRIVY COUNCILLOR, A member of the privy council. PRIVY PURSE. In English law. The income set apart for the sovereign's personal use. PRIVY SEAL. In English law. A seal used in making out grants or letters patent, preparatory to their passing under the great seal. 2 Bl. Comm. 347. PRIVY SIGNET. In English law. The signet or seal which is first used in making out grants and letters patent, and which is always in the custody of the principal secre tary of state. 2 Bl. Comm. 347. PRIVY TOKEN. A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to deceive persons, and thereby fraudulently get possession of property. St 33 Hen. VIII. c. 1. A false privy token is a false private docu ment or sign, not such as is calculated to de ceive men generally, but designed to defraud one or more individuals. Cheating by such false token was not indictable at common law. Pub. St. Mass. 1882, p. 1294. PRIVY VERDICT. In practice. A ver dict given privily to the judge out of court, but which was of no force unless afterwards affirmed by a public verdict given openly in court. 8 Bl. Comm. 377. Now disused. PRIZE. In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured al sea by a war-vessel or privateer of the other belligerent, and claimed as enemy's property.

peror conferred on some single person some anomalous or irregular right, or imposed upon some single person some anomalous or irregular obligation, or inflicted on some single person some anomalous or irreg ular punishment. When such privilegia conferred anomalous rights, they were styled "favorable." When they imposed anoma lous obligations, or inflicted anomalous pun ishments, they were styled "odious." Aust. Jur. § 748. In modern civil law, "privilegium" is said to denote, in its general sense, every pe culiar right or favor granted by the law, con trary to the common rule. Mackeld. Bom. Law, § 197. A species of lien or claim upon an article of property, not dependent upon possession, but continuing until either satisfied or re leased. Such is the lien, recognized by mod ern maritime law, of seamen upon the ship for their wages. 2 Pars. Mar. Law, 561. PRIVILEGIUM CLERICALE. The benefit of clergy, (q. v.) Privilegium est beneficium personate, et extinguitur cum persona. 3 Bulst. 8. A privilege is a personal benefit, and dies with the person. Privilegium est quasi private lex. 2 Bulst. 189. Privilege is, as it were, a pri vate law. Privilegium non valet contra rempub licam. Privilege is of no force against the commonwealth. Even necessity does not ex cuse, where the act to be done is against the commonwealth. Bac. Max. p. 32, in reg. 5. PRIVILEGIUM, PROPERTY PROP TER. A qualified property in animals feres natures; i. e. t a privilege of hunting, taking, and killing them, in exclusion of others. 2Bl. Comm. 394; 2 Steph. Comm. 9. PRIVITY. The term "privity" means mutual or successive relationship to the same rights of property. The executor is in priv ity with the testator, the heir with the ances tor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. 41 Iowa, 516. Privity of contract is that connection or relationship which exists between two or more contracting parties. It is essential to the maintenance of an action on any contract that there should subsist a privity between the plaintiff and defendant in respect of the matter sued on. Brown. Privity of estate is that which exists be

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