KFLCC Kingdom Law 2nd Ed.

941

PRIVIGNA

PRISON

uals, and duly commissioned by a belligerent power to go on cruises and make war upon the enemy, usually by preying on his com merce. 2 Rolle, 419. A deprivation presupposes a pos session. PRIVATION. A taking away or with drawing. Co. Litt 239. Privatis pactionibus non dubium est non lsedi jus oseterorum. 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 juxi publico non derogat. The agreement of private individ uals does not derogate from the public right [law.] Dig. 50, 17, 45, 1; 9 Coke, 141; Broom, Max. 695. Privatio prsesupponit habitum. 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 made 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 action or thing, by some relation other than that of actual contract between them; persons whose interest in an estate is derived from the contract or conveyance of others. Those who are partakers or have an interest in any action or thing, or any relation to an other. They are of six kinds: (1) Privies of blood; such as the heir to his ancestor. (2) Privies in representation; as executors or administrators to their deceased testator or intestate. ' (3) Privies in estate; as grantor and grantee, lessor and lessee, assignor and assignee, etc (4) Privities, in respect of contract are per sonal 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 but the contract between lessor and lessee continues, the lessor not having accepted of the assignee. (6) Privies in law; as the lord by escheat a tenant by the curtesy, or in dower, the incum bent of a benefice, a husband suing or defending in right of his wife, etc. Wharton. PRIVIGNA. Lat In the civil law. A step-daughter. PRIVATUM. Lat Private. jus, private law. Inst 1, 1, 4. Privatum

oned debtor, who is out on bonds, may go at will. See GAOL.—Prison-breaking. The common-law offense of one who, being lawfully in custody, escapes from the place where he is confined, by the employment of force and violence. This offense is to be distinguished from "rescue," (q. v.,) which is a deliverance of a prisoner from lawful custody by a third person. 2 Bish. Crim. Law, § 1065. PRISONAM FRANGENTIBUS, STAT UTE DE. The English statute 1 Edw. II. St 2, (in Rev. St. 23 Edw. I.,) a still unre pealed statute, whereby it is felony for a felon to break prison, but misdemeanor only for a misdemeanant to do so. 1 Hale, P. 0. 612. PRISONER. One who is deprived of his liberty; one who is against his will kept in confinement or custody. A person restrained of his liberty upon any action, civil or criminal, or upon command ment Cowell. A person on trial for crime. "The prisoner at the bar." The jurors are told to "look upon the prisoner." The court, after pass ing sentence, gives orders to "remove the prisoner." See Hairston v Com., 97 Va. 754, 32 S. E. 797; Royce v. Salt Lake City, 15 Utah, 401. 49 Pac. 290. —Prisoner at the bar. An accused person, while on trial before the court, is so called.— Prisoner of war. One who has been captured in war while fighting in the army of the public enemy. PRIST. L. Fr. Ready. In the old forms of oral pleading, this term expressed a ten der or joinder of issue. Prius vitiis laboravimus, nnnc legi bus. 4 Inst. 76. We labored first with vices, now with laws. PRIVATE. Affecting or belonging to pri vate individuals, as distinct from the public generally. Not official. —Private person. An individual who is not the incumbent of an office. As to private "Act" "Agent" "Bill," "Boundary," "Bridge," "Carrier," "Chapel," "Corporation," "Easement," "Examination," "Ferry," "Nuisance," "Property," "Prosecu tor," "Rights," "Road," "Sale," "School," "Seal," "Statute," "Stream," "Trust" "War," "Way," and "Wrongs," see those titles. 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. PRIVATEER. A vessel owned, equipped, and armed by one or more private individ