KFLCC Kingdom Law 2nd Ed.

PRICKING NOTE

938

PRIMO EXOUTIENDA

impartiality, as It is said, lets the point of it fall upon one of the three names nomi nated for each county, etc., and the person upon whose name it chances to fall is sheriff for the ensuing year. This is called "prick ing for sheriffs." Atk. Sher. 18. PRICKING NOTE. Where goods in tended to be exported are put direct from the station of the warehouse into a ship alongside, the exporter fills up a document to authorize the receiving the goods on board. This document is called a "pricking note," from a practice of pricking holes in the pa per corresponding with the number of pack ages counted into the ship. Hamel, Oust. 181. PRIEST. A minister of a church. A per son in the second order of the ministry, aa distinguished from bishops and deacons. PRIMA FACIE. Lat. At first sight; on the first appearance; on the face of it; so far as can be judged from the first dis closure; presumably. A litigating party is said to have a prima facie case when the evidence in his favor is sufficiently strong for his opponent to be called on to answer it. A prima facie case, then, is one which is established by sufficient evidence, and can be overthrown only by rebutting evi dence adduced on the other side. In some cases the only Question to be considered is whether there is a prima facie case or no. Thus a grand jury are bound to find a true bill of indictment, if the evidence before them creates a prima facie case against the accused; and for this purpose, therefore, it is not necessary for them to hear the evidence for the defense. Mozley & Whitley. And see State v. Hardelein, 169 Mo. 579, 70 S. W. 130; State v. Lawlor, 28 Minn. 216, 9 N. W. 698. —Prima facie evidence. See EVIDENCE. PRIMA TONSURA. The first mowing; a grant of a right to have the first crop of grass. 1 Chit. Pr. 181. PRIMiE IMPRESSIONIS. A case primw 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. PRIMA: 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 mer chant; to the latter for lading and unlading in any port or haven. Abb. Shipp. 404; Peters v. Speights, 4 Md. Ch. 381; Blake y. Morgan, 3 Mart O. S. (La.) 381.

PRIMARIA ECCLESIA. The mother church. 1 Steph. Comm. (7th Ed.) 118. PRIMARY . First; principal; chief; leading. —Primary allegation. The opening plead ing in a suit in the ecclesiastical court It is also called a "primary plea."—Primary dis posal of the soil. In acts of congress ad mitting territories as states, and providing that no laws shall be passed interfering with the primary disposal of the soil, this means the disposal of it by the United States government when it parts with its title to private persons or corporations acquiring the right to a patent or deed in accordance with law. See Oury v. Goodwin, 3 Ariz. 255, 26 Pac. 377; Topeka Commercial Security Co. v. Mcpherson, 7 Okl. 332, 54 Pac. 489.—Primary powers. The principal authority given by a principal to his agent It differs from "mediate powers." Story, Ag. § 58. As to primary "Conveyance," "Election," 1 "Evidence," and "Obligation," see those titles. PRIMATE. A chief ecclesiastic; part of the style and title of an archbishop. Thus, the archbishop of Canterbury is styled "Pri mate of 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, v. To stand first or paramount to take precedence or priority of; to out rank; as, in the sentence "taxes prime all other liens." PRIME SERJEANT. In English law. The king'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 eldest co parcener to first choose a purpart.—Primer fine. On suing out the writ or prwcipe 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. See SEISIN. PRIMICERITTS. In old English law. The first of any degree of men. 1 Mon. Angl. 838. First fruits; the first year's whole profits of a' spiritual preferment. 1 Bl. Comm. 284. PRIMO BENEFICIO. Lat. A writ di recting a grant of the first benefice in the sovereign's gift. Cowell. Primo excutienda est verb! vis, ne sermonis vitio obstruatnr oratio, sive lex sine argmnentis. Co. Litt 68. The PRIMITLa:. In English law.