KFLCC Kingdom Law 2nd Ed.

PRIVILEGIA QUM RE VERA

943

PRIZE

age. H Bract, fol. 209. Now called "privileged copyhold," including the tenure in ancient de mesne. 2 Bl. Comm. 99, 100. Privilegia quse re vera sunt in prse judicium reipublicae, xnagis tamen ha bent speciosa frontispicia, et boni pub lic! praetextum, quam bonse et legale* concessiones; sed praetextu liciti non de bet admitti illictum. 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 grants; but, under pretext of legality, that which is illegal ought not to be admit ted. A special constitution by which the Roman em peror conferred on some single person some anomalous or irregular right, or imposed up on some single person some anomalous or irregular obligation, or inflicted on some sin gle person some anomalous or irregular pun ishment. When such privilegia conferred anomalous rights, they were styled "favor able." When they imposed anomalous obli gations, or inflicted anomalous punishments, 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. Rom. 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 CLERICAL E. The benefit of clergy, (g. v.) Privilegium est beneficium personale, et extinguitur cum persona. 3 Bulst. 8. A privilege is a personal benefit, and dies with the person. Privilegium est quasi privata 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., a privilege of hunting, taking, and killing them, in exclusion of others. 2 Bl. Comm. 394; 2 Steph. Comm. 9. 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 PRIVILEGIUM. In Roman law. PRIVITY.

tor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 I1L 510, 14 N. E. 859; Hunt v. Haven, 52 N. H. 169; Mygatt v. Coe, 124 N. Y. 212, 26 N. E. 611, 11 L. R. A. 646; Strayer v. John son, 110 Pa. 21, 1 Atl. 222; Litchfield v. Crane, 123 U. S. 549, 8 Sup. Ct 210, 31 L. Ed. 199. 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 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 Mood 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. Litt 271a, 242a; 2 Inst 516; 8 Coke, 426. another. See PBIVIES; PBIVITT. As an adjective, the word has practically the same meaning as "private." —Privy counciL In English law. The prin cipal council of the sovereign, composed 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 mem ber of the privy council.— Privy purse. In English law. The income set apart for the sov ereign's personal use.— Privy seal. In English law. A seal used in making out grants or let ters patent, preparatory to their passing under the great seal. 2 Bl. Comm. 347.— Privy sig net. In English law. The signet or seal which is first used in making out grants and let ters patent, and which is always in the custody of the principal secretary 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 therebv fraud ulently get possession of property. St. 33 Hen. VIII. c. 1. A false privy token is a false pri vate document or sign, not such as is calcu lated to deceive 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 verdict 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. 3 Bl. Comm. 377. Kramer v. Kister, 187 Pa. 227, 40 Atl. 1008, 44 L. R. A. 432; Barrett v. State, 1 Wis. 175; Young v. Seymour, ,4 Neb. 89; Com. v. Heller, 5 Phila. (Pa.) 123. Now generally Su perseded by the "sealed verdict," ». e , one writ ten out, sealed up, and delivered to the judge or the clerk of the court PRIZE. In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured at sea by a war-vessel or privateer of the other PRIVY. A person who is in privity with