Privy

1.

As an adjective (and this, is its original force), means connected with; likewise affected; concerned with another; as well conversant or acquainted with something. In a secondary use, it appears as a noun, signifying a person who is connected with another in such way as to be affected as he is, by matter involving estates, rights, liabilities, &c., in which the two are concerned. Privies: persons between whom some connection exists, arising from some mutual contract entered into with each other, as between donor and donee, lessor and lessee; or persons related by blood, as ancestor and heir, &c. Privity: the connection between persons who are privies; mutual or successive relationship to the same rights of property. The noun privy is used with various adjuncts, in order to express the nature of the privity or connection which exists between persons. Thus persons related by blood, as ancestor and heir, for instance, are denominated privies in blood; those related to a party by mere right of representation, as executors or administrators of a deceased person, are denominated privies in representation or in right; those connected with each other in respect of estate, as lessors and lessees, donors and donees, &c., are denominated privies in estate. Various more minute classifications and distinctions are drawn in the older books. Wharton makes six kinds of privies: Privies of blood, such as the heir to his ancestor; privies in representation, as executors, or administrators to their deceased testator or intestate; privies in estate, between grantor and grantee, lessor and lessee, assignor and assignee, &c.; privies in respect of contract; privies in respect of estate and contract, as where the lessee assigns his interest, but the contract between the not having accepted of the assignee; privies in law, as the lord by escheat, a tenant by the curtesy, or in dower, the incumbent of a benefice, a husband suing or defending in right of his wife, &c. For other lines of distinction, see Jacob or Tomlins.

2.

As an adjective, solely, privy is used in a sense partly embodying or suggesting " private," in several terms of English law.

Privy council

The council of state held by the English sovereign with councillors, to concert matters for the public service and for the honor and safety of the realm. It is summoned on a warning of forty-four hours, and never held without the presence of a secretary of state. The junior delivers his opinion first, and the sovereign, if present, last. It is dissolved six months after the demise of the crown, unless.sooner determined by the successor. The privy council has power to inquire into all offences against the government, and to commit the offenders to take their trial. It has also the judicial authority of a court of justice in colonial causes, in appeals from the ecclesiastical com-ts, in applications to prolong the terms of patents for new inventions, and in certain cases arising out of the copyright acts. These functions are exercised •through the judicial committee. There are also other committees of the privy council charged with various matters. The -judicature acts contemplate that the jurisdiction exercised by the judicial committee of the privy council upon appeals from the high court of admiralty, and 'from orders in lunacy made by the lord chancellor or other person having jurisdiction in lunacy, will be transferred tothe court of appeal established by that act; and -provision is also made by that act for the hearing of aU appeals to the queen in council before the court of appeal.

See 1 Bl. Com. 229; 2 Steph. Com. 457; Jud. Act, 1873, §§ 18, 55.

Privy councillor

A member of the privy council. Privy councillors are made such by the sovereign's nomination, without either patent or grant; and on such nomination, and after honorable " during the Ufe of the sovereign who has chosen them, but subject to removal at his discretion. Their number is indefinite.

— Their duties are: to advise the sovereign according to the best of their cunning and discretion;

— to advise for the sovereign's honor and good of ■ the public, without partiality through affection, love, meed, doubt, or dread;

— to keep the sovereign's counsel secret;

— to avoid corruption;

— to help and strengthen the execution of what shall be there resolved;

— to withstand aU persons who would attempt the contrary;

— to observe, keep, and do all that a true and good councillor ought to do to his sovereign.

See 2 Steph. Com. 469.

Privy purse

The income set apart for the personal use of the English sovereign.

Privy seal

A seal which the sovereign affixes to grants or things which pass the great seal. First, they pass the privy signet, then the privy seal, and, lastly, the great seal of England. The privy seal is also used in matters of small moment which never pass the great seal.

Cowel; 2 Bl. Com. 347; 1 Steph. Com. 619.

Privy signet

The sovereign's privy seal; it is in the custody of one of the principal secretaries of state.

Privy tithes

Small tithes.

Privy verdict

When the judge has left or adjourned the court, and the jury being agreed, in order to be delivered from their confinement, obtain leave to give their verdict privily to the judge out of court, this is called a privy verdict; but such verdicts are now disused.

See 8 Bl. Com. 377.

A somewhat similar practice exists, however, known as a sealed verdict, in which the jury are allowed to write down their verdict, seal it up, and deliver it to the clerk. They are then allowed to go home, but must return next morning, when the verdict is opened and read in their hearing.