KFLCC Kingdom Law 2nd Ed.

931

PREFERRED

PREMISES

nary proof. In insurance. The first proof offered of a loss occurring under the pcflicy, usually sent in to the underwriters with the notification of claim. To think of an act beforehand; to contrive and design; to plot or lay plans for the execution of a purpose. See DELIBERATE. The act of medi tating in advance; deliberation upon a con templated act; plotting or contriving; a de sign formed to do something before it is done. See State v. Spivey, 132 N. C. 989, 43 S. E. 475; Fahnestock v. State, 23 Ind. 231; Com. v. Perrier, 3 Phila. (Pa.) 232; Atkinson v. State, 20 Tex. 531; State v. Reed, 117 Mo. 604, 23 S. W. 886; King v. State, 91 Tenn. 617, 20 S. W. 169; State v. Carr, 53 Vt. 46; State v. Dowden, 118 N. C. 1145, 24 S. E. 722; Savage v. State, 18 Fla. 965; Com. v. Drum, 58 Pa. 16; State v. Lindgrind, 33 Wash. 440, 74 Pac. 565. PREMEDITATE. PREMEDITATION. PREMIER SERJEANT, THE QUEEN'S. This officer, so constituted by letters patent, has preaudience over the bar after the attorney and solicitor general and queen's advocate. 3 Steph. Comm. (7th Ed.) 274, note. 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 hereinbefore stated." See Teutonia F. Ins. Co. v. Mund, 102 Pa. 93; Alaska Imp. Co. v. Hirsch, 119 Cal. 249, 47 Pac. 124. 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 cer tainty of the thing granted. 2 Bl. Comm. 298. And see Miller v. Graham, 47 S. C. 288, 25 S. E. 165; Brown v. Manter, 21 N. H. 533, 53 Am. Dec. 223; Rouse v. Steamboat Co., 59 Hun, 80, 13 N. Y. Supp. 126. In estates. Lands and tenements; an es tate ; the subject-matter of a conveyance. The term "premises" is used in common par lance to signify land, with its appurtenances; but its usual and appropriate meaning in a conveyance is the thing demised or granted by the deed. New Jersey Zinc Co. v. New Jersey Frankhnite Co„ 13 N. J. Eq. 322; In re Rohr- PREMISES. PREMIER. A principal minister of state; the prime minister.

the same kind or class. See State r. CSheraw & O. R. Co., 16 S. a 528. —Preferred creditor. A creditor whom the debtor has directed shall be paid before other creditors.— Preferred debt. A demand which has priority; which is payable in full before others are paid at all.— Preferred dividend. See DIVIDEND.— Preferred stock. See STOCK. In medical jurispru dence. The state of a female who has with in her ovary or womb a fecundated germ, which gradually becomes developed in the latter receptacle. Dungl. Med. Diet. — Pregnancy, plea o'f. A plea which a wo man capitally convicted may plead in stay of execution; for this, though it is no stay of judgment, yet operates as a respite of execu tion until she is delivered. Brown. bias; preconceived opinion. A leaning towards one side of a cause for some reason other than a conviction of its justice. Willis v. State, 12 Ga. 449; Hungerford v. Cushing, 2 Wis. 405; State v. Anderson, 14 Mont. 541, 37 Pac. 1; Hinkle v. State, 94 Ga. 595, 21 S. E. 595; Keen v. Brown, 46 Fla. 487, 35 South. 401. The word "prejudice" seemed to imply nearly the same thing as "opinion," a prejudgment of the case : and not necessarily an enmity or ill will against either party. Com. v. Webster, 5 Cush. (Mass.) 297, 52 Am. Dec. 711. "Prejudice" also means injury, loss, or damnification. Thus, where an offer or ad mission is made "without prejudice," or a motion is denied or a bill in equity dismissed "without prejudice," it is meant as a declara tion that no rights or privileges of the party concerned are to be considered as thereby waived or lost, except in so far as may be expressly conceded or decided. PRELATE. A clergyman of a superior order, as an archbishop or a bishop, having authority over the lower clergy; a dignitary of the church. Webster. Fr. In French law. A preliminary deduction; particularly, the portion or share which one member of a firm is entitled to take out of the partnership as sets before a division of the property is made between the partners. Introductory; initia tory; preceeding; temporary and provision al; as preliminary examination, injunction, In English admiralty practice. A document stating the time and place of a collision between vessels, the names of the vessels, and other particulars, required to be filed by each solicitor in actions for damage by such collision, unless the court or a judge shall otherwise order. Wharton.— Prelimina ry injunction. See INJUNCTION.— Prelimi PREGNANCY. PREGNANT NEGATIVE. See NEGA TIVE PREGNANT. PREJUDICE. A forejudgment; PRELEVEMENT. PRELIMINARY. articles of peace, etc. — Preliminary act.