Privilege

' 1.

Exemption from such burdens as others are subjected to.^ A right peculiar to the person on whom conferred, not to be exercised by another or others.'

1 Eandolph v. Simon, 20 Kan. 406 (1883). ' See 4 Bl. Com. 1-30; 43 N. J. L. 555. 'Exp. Karstendick, 93 U. S. 396 (1876).

As to condition of prisons and the prison system, at the close of the last century, see Mc Master's Hist Peop. U. S., Vol. 1, pp. 98-103. • Exp. Waterman, 33 F. R. 30 (1887). •L. privatus, apart; privus, sundered, single. • [Woolsey, Int. Law, § 127; 1 Kent, 96. ' L. privilegium^ q. v. ' State V. Betts, 24 N. J. L. 557 (1834), Potts, J. The exercise of mental power cannot be a privilege: it is not derived from, a law granting a special prerogative contrary to common right, ^ A right peculiar to an Individual or body.^ An exemption or immunity; as, from, taxation,^ See under Tax, 2.

Personal privilege

Such privilege as is granted to or concerns an individual person. Real privilege. In English law, a privilege granted to a place. Illustrations of personal privileges are: a debtor's -;Clalni for exemption; immunity from ^taxation; a Widow's rights; most disabilities, as, disability in a feme-covert. Many such privileges may be waived. Special or exclusive privilege. Any particular or individual authority or exemption existing in a person or class of persons, and in derogation of common right; as, the grant of a monopoly.^ Within the meaning of the prohibition in the constitution of New York against granting to private corporations "any exclusive privilege," describes grants in the nature of monopolies, of such inherent or statutory character as to make impbssible the coexistence of the same right in another. ^ Grants of special privileges are strictly construed; whatever is not given in unequivocal terms is withheld." See Franchise, 1; Monopoly. " The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several This provision is confined to such privileges and immmiities as are fundamental; which belong of right to the citizens of all free governments; and which have always been enjoyed by citizens of the several Stat-es, from the time of their becoming free, independent, and sovereign. What these fundamental principles are may be comprehended under these heads: protection by the government, and enjoyment of life and liberty, with the right to acquire and possess property and to pursue and obtain happiness and safety, subject to such restraints as the government may prescribe for the general good of the whole.^) ^ 1 Lavryers' Tax Cases, 8 Heisk. 649 (1875), Turney, J,; ib.

473-75. 2 Ripley v. Knight, 123- Mass. 519 (1878), Endicott, J. 8 See Tennessee v. Whitworth, 117 U. S. 146 (1886); 9 Baxt. 546; Louisville, &c. R. Co. v. Gaines, 3 F. R. 278-79 (1880); 80 Ky. 274; 3 N. M. 169; 4 Tex. Ap. 317. * See Elk -Point v. Vaughn, 1 Dak. 118 (1875); 1 Utah, 111; IBl. Com. 373. fi Trustees of Exempt Firemen's Fund v. Roome, 93 N. Y. 328 (1883), Finch, J. «Moram;. Commissioners, 3 Black, 722 (1862); Delaware Railroad Tax, 18 Wall. 33*5 (1873); Hannibal, &c. R. Co. V. Missouri Packet Co., 135 U. S. 271 (1888), cases. 7 Constitution, Art. IV, sec.

2. ■^Corfleld v. Coryell, 4 Wash. 380 (1833), Washing- The privileges and immunities intended are those which are common to the citizens of a State under its constitution and laws, by virtue of their being citizens. Special privile'ges enjoyed in one State are not secured in other States. ^ That section of the Constitution is directed against State action. Its object is to place the citizens of each State upon the same footing with citizens of other States, and inhibit discriminative legislation. ^^ ^ " No State shall make or enforce any law which shall abridge the privileges or imlnunities of citizens of the United States." *' The privileges of a citizen are those which he has as a citizen,' first, of the United States, and, second, of the State where he resides as a member of society. The Xl Vth Amendment forbids the States to abridge the former, but iiot so the latter — one of which, for example, is marriage.*' "Privileges and immunities" are words of very comprehensive meaning.

— They include, at least, the right of a citizen of one State to pass into any other State for the purj Dose of engaging in lawful commerce, trade, or business without molestation.;

— to acquire personalty;

— to take and hold realty;

— to maintain actions in the courts of the State; and to be exempt from any higher taxes or excises than are imposed by the State upon its own citizens. ", The right to practice law in the State courts is not a privilege or immunity of a citizen of the United States, within the meaning of the Xl Vth Amendment; nor does the Amendment affect the power of the State to prescribe the qualifications for adibission to the bar.'_ Abridgment of the right to sell intoxicating liquors is not forbidden; ^ nor of the right of trial by jury in suits at common law pending in the State coiu:t^» The 'Amendment refers to actions of the political body denominated a.

State: no agency of a State or of the officers or agefits by whom its powers are executed, shall deny to any persons within its jurisdiction the equal protection of the law.^"^ See Immunity; PaooBSs, 1, Due; Suffrage.

2. Exemption fi*om arrest, q. v, 3.

A communication from a client to his. attorney which the latter may not divulge without the consent of the client.

See Communication, Privileged, 1. 4.

The constitutional provision (intended to secure free expression of opinion) that for any speech or debate in either house of a 1 Paul V. Virginia, 8 Wall. 168 (1868), Field, J. 2 United States v. Harris, 106 U. S, 643 (188S), Woods, Justice.

8 Slaughter- House Cases, 16 Wall. 75-78 (1873). * Constitution, Amd. Art. XIV, sec. 1. Ratified July. 28, 1868. s Exp. Kinney, 3 Hughes, 12-13 (1879), cases. 6 Ward V. Maryland, 12 Wall. 430 (1870), Clifford, J. 7 Bradwell v. Illinois, 16 Wall. 137-43 (1872).

6 Bartemeyer v. Iowa, 18 Wall. 133 (1873). legislature the member shall not be questioned in any other place.l The privileges of members of Parliament are: of speech, of person, of domestics, and of goods. ^ *' A breach of privilege is any contempt of the high court of Parliament, whether relating to the House of Lords or to the House of Commons."

5.

In maritime law, the lien of a seaman on a vessel for wages. See Lien, Maritime.

6.

In civil law, a claim on a thing which exists apart from possession, and until Waiver or satisfaction. • Privileged. Enjoying a peculiar right or immunity: as, privileged from arrest, a privileged communication, qq. v. A privileged debt is payable prior or in preference to some other debt.

See Priority.