privilege

It is now the rule, notwithstanding earlier decisions and dicta to the contrary, that a statute authorizing or directing the grant or transfer of the 'privileges' of a corporation which enjoys immunity from taxation or regulation should not be interpreted as including that immunity.

An exemption or immunity peculiar to a particular person or body. Commonly applied to the various special rights and immunities of legislators, and to the privilege of witnesses from testifying to certain facts as self-incriminating ones. See "Privileged Communications." In Civil Law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Code La. art. 3153; Dalloz, "Privilege;" Domat, Lois Civ. liv. 2. tit. 1, § 4, note 1. In Maritime Law. An allowance to the master of a ship of the general nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge of such usage by the parties.

Exemption from such burdens as others are subjected to. State v. Betts, 24 N. J. L. 557. See Brenham v. Water Co., 67 Tex. 542, 4 S. W. 143; Ripley v. Knight, 123 Mass. 519. See a full title in Jacob, Law Diet. In Civil Law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Dalloz, Diet. Privilege; Domat, Lois Civ. liv. 2, t. 1, s. 4, n. 1; 43 La. Ann. 1078, 1194. Privilege is “a real right in a thing ( jus in re) springing from the nature of a debt which has been contracted with reference to that thing, and securing the debt by a preference on the proceeds of the thing when it is sold under legal process.” Howe, Stud. Civ. L. 86. “A mortgage under the civil law is to all intents and purposes what it is in equity in the English law or the law of Connecticut, a security for a debt given by the agreement of the debtor. But a debtor cannot, by his mere agreement, proprio vigore, confer a privilege. ‘‘If he contracts a debt, which by its nature has a privilege under the law, then the privilege exists, as a method of securing the debt. It inheres in the thing with reference to which the debt has been contracted, follows it into the hands of third persons (in the absence of some law of recordation providing to the contrary), and as a rule would prime a mortgage of the same property.” “The one is legal; the other conventional. This former is sometimes called by the civilians a privileged hypothecation; the latter a mere hypothecation.” Howe, Stud. Civ. L. 88. The civil law privilege became, by adop- Rumbell, 148 U. 8. 1, 13 Sup. Ct 498, 37 L. Ed. 345. Creditors of the same rank of privileges are paid in concurrence, that is, on an equal footing. Privileges may exist either in movables or immovables, or in both at once. They are general or special, on certain movables. The debts which are privileged on all the movables in general are the following, which are paid in this order. Funeral charges. Law charges, which are such as are occasioned by the prosecution of a suit before the courts. But this name applies more particularly to costs, which the party cast has to pay to the party gaining the cause. It is in favor of these only that the law grants the privilege. Charges, of whatever nature, occasioned by the last sickness, concurrently among those to whom they are due. See Last Sickness. The wages of servants for the year past, and so much as is due for the current year. Supplies of provisions made to the debtor or his family during the last six months by retail dealers, such as bakers, butchers, grocers, and during the last year by keepers of boarding-houses and taverns. The salaries of clerics, secretaries, and other persons of that kind. Dotal rights due to wives by their husbands. The debts which are privileged on particular movables are — the debt of a workman or artisan, for the price of his labor, on the movable which he has repaired or made, if the thing continues still in his » possession; that debt on the pledge which is in the creditor’s possession; the carrier’s charges and accessory expenses on the thing carried; the price due on movable effects, if they are yet in the possession of the purchaser; and the like. See Lien. Creditors who have a privilege on moveables in Louisiana are (1) vendors for purchase money, (2) architects, mechanics, contractors, etc., for construction, rebuilding and repair of houses, etc., (3) material men, (4) those who have worked by the job in the manner required by law or police regulation ou levees, bridges, ditches, and roads of a proprietor; Code §§ 3249-51. In regard to privilege, Domat says, “We do not reckon in the number of privileges the preference which the creditor has on the movables that have been given him in a pawn, and which are in his custody. The privilege of a creditor is the distinguishing right which the nature of his credit gives him, and which makes him to be preferred before other creditors, even those who are prior in time, and who have mortgages.” Domat, pt. 1, lib. iii. tit. i. sec. v. These privileges were of two kinds: one gave a preference on all the goods, without any particular assignment on any one thing; the other secures to the creditors their se- Among creditors who are privileged, there Is no priority of time, but each one is in the order of his privilege, and all creditors who have a privilege of the same kind take proportionately, although their debts be of different dates. And all privileges have equally a preference over those of an inferior class, and over debts which do not have this favored character, whether subsequent or antecedent in point of time. The vendor of immovable property, for which payment has not been made, is preferred before creditors of the purchaser, and all other persons, as to the thing sold. By the Roman law, this principle applies equally to movables and immovables; and the seller may seize upon the property in the hands of his vendee, or wherever he can find it. So, too, a person who has lent money to repair a thing, or to make improvements, has this privilege. And this, though he lends to workmen or architects, etc., if it be done with the knowledge of the owner. Carriers have a privilege not only for the price of carriage, but for money paid on account of the goods. Landlords have a privilege for the rents due from their tenants even on furniture of the under-tenants, if there be a sublease. But not if payment has been made to the tenant by an immediate lessor; although a payment made by the sub-tenant to the landlord would be good as against the tenant. The privilege was lost by a novation, or by anything in the original contract which showed that the vendor had taken some other security Inconsistent with the privilege. See Domat, pt. i. lib. iii. tit. i. sec. v. See Dalloz, Diet. Privilege; Lien; Last Sickness; Preference. In Maritime Law. An allowance to the master of a ship of the general nature of primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge of such usage by the parties.

A particular and peculiar banefit or advantage enjoyed by a person, company or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise or immunity held by a person or class, against or beyond the course of the law. Privilege is an exemption from some burden or attendance, with which certain persons are indulged, from a supposition of law that the stations they fill, or the offices they are engaged in, are such as require all their time and care, and that, therefore, without this indulgence, it would be impracticable to execute such offices to that advantage which the publlc good requires. See Lawyers' Tax Cases, 8 Heisk. (Tenn.) 649; In S. v. Patrick (C. C.) 54 Fed. 348; Dike v. State, 38 Minn. 366, 38 N. W. 95; International Trust Co. v. American L. & T. Co., 62 Minn. 501, 65 N. W. 78; Com. v. Henderson, 172 Pa. 135, 33 Atl. 368; Tennessee v. Whitworth (C. C.) 22 Fed. 83; Morgan v. Louisiana, 93 U. S. 217, 23 In Ed. 860; Corfield v. Coryell, 6 Fed. Cas. 551; State v. Gilman, 33 W. Va. 148, 10 S. E. 283, 6 L. R. A. 847.

In the civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Civil Code La. art 3186.

In maritime law. An allowance to the master of a ship of the same general nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on bath sides is made under the knowledge of such usage by the parties. 3 Chit. Cornmer. Law, 481. In the law of libel and slander. An exemption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in the performance of a duty, political, judicial, social, or personal. Privilege is either absolute or conditional. The former protects the speaker or publisher without reference to his motives or the truth or falsity of the statement. This may be claimed in respect, for instance, to statements made in legislative debates, in reports of officers to their superiors in the line of their duty, and statements made by judges, witnesses, and jurors in trials in court. Conditional privilege will protect the speaker or publisher unless actual malice and knowledge of the falsity of the statement is shown. This may be claimed where the communication related to a matter of public interest, or where it was necessary to protect one's private interest and was made to a person having an interest in the same matter. Ramsey v. Cheek, 109 N. C. 270, 13 S. E. 775; Nichols v. Eaton, 110 Iowa, 509, 81 N. W. 792, 47 L. R. A. 483, 80 Am. St. Rep. 319; Knapp & Co., v. Campbell, 14 Tex. Civ. App. 199, 36 S. W. 765; Hill v. Drainage Co.., 79 Hun, 335, 29 N. Y. Supp. 427; Co.oley v. Galyon. 109 Tenn. 1, 70 S. W. 607, 60 I,. R. A. 139, 97 Am. St. Rep. 823 ; Ruohs v. Backer, 6 Heisk. (Tenn.) 405, 19 Am. Rep. 598; Cranfill v. Hayden, 97 Tex. 544, 80 S. W. 613.

In parliamentary law. The right of a particular question, motion, or statement to take precedence over all other business before the house and to be considered immediately, notwithstanding any consequent interference with or setting aside the rules of procedure adopted by the house. The matter may be one of "personal privilege," where it concerns one member of the house in his capacity as a legislator, or of the "privilege of the house," where it concerns the rights, immunities, or dignity of the entire body, or of "constitutional privilege," where it relates to some action to be taken or some order of proceeding expressly enjoined by the constitution.

— Privilege from arrest. A privilege extended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of government, whereby they are exempted from arrest on, civil process, and, in some casesj on criminni charges, either permanently, as in the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and witnesses engaged in a particular suit, etc.

— Privilege tax. A tax on the privilege of carrying on a business for which "a license or franchise is .required. Adams v. Co.lonial Mortgage Co., 82 Miss. 263, 34 South. 482, 100 Am. St. Rep. 633; Gulf & Ship Island R. Co. v. Hewes, 183 U, S. 66, 22 Sup. Ct. 26, 46 In Ed. 86; St. Louis v. Western Union Tel. Co., 148 V. S. 92, 13 Sun. Ct. 485, 37 L. Ed. 380,

— Real privilege. In English law. A privilege granted to, or concerning, a particular place or locality.

— Special privilege. In constitutional law. A right, power, franchise, immunity, or privilege granted to, or vested in, a person or class of persons, to the exclusion of others, and in derogation of common right. See City of Elk Point v. Vaughn, 1 Dak. 118, 46 N. W. 577; Ex parte DoUglass, 1 Utah, 111.

— Writ of privilege. A process to enforce or maintain a privilege; particniarly to secure the release of a person arrested in a civil suit contrary to his privilege.

An exemption or immunity from some general duty or burden; a right peculiar to some individual or body. Privilege from arrest: a privilege from arrest on civil process, enjoyed by ambassadors, members of congress, attorneys, parties to suits and witnesses in certain circumstances.

' 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.

A private right or franchise of some or class, against or beyond the course of law. lege: a writ for a member of Parliament, suit, to obtain deliverance out of custody.