privileges and immunities
Defined in 2 dictionaries — Case Law, Cyclopedic (1922)
Definitions from Case Law
From 75 U.S. 168 - Paul v. Virginia · 1868Most cited · 1,098 citing opinions
It was undoubtedly the object of the clause in question to place the citizens of each State upon the same footing with citizens of other States, so far as the advantages resulting from citizenship in those States are concerned. It relieves them from the disabilities of alienage in other States; it inhibits discriminating legislation against them by other States; it gives them the right of free ingress into other States, and egress from them; it insures to them in other States the same freedom possessed by the citizens of those States in the acquisition and enjoyment of property and in the pursuit of happiness; and it secures to them in other States the equal protection of their laws.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The "privileges and immunities" which are protected by the constitutional inhibition concern the personal and private rights of the citizen, such as his right to acquire and possess property, to pursue ordinary callings and secure happiness and safety, etc., and do not include within their meaning the right to hold office. The State may decline to confer official power on residents of other states without depriving such nonresidents of, any privilege or immunity protected by the constitution of the general government, or of liberty or property within the meaning of those words as used in our state Constitution. 217 111. 248; 175 111. 611. PRIVILEGIA QUAE RE VERA SUNT IN praejudlcium reipublicae, magis tamen habent speclosa frontisplcia, et boni public! praetes Aum, quam bonae el legales concessiones; sed praetextu liciti non debet admore specious front and pretext of public good than good and legal grants; but, under pretext of legality, that which is illegal ought not to be admitted. 11 Coke, 88. PRIVILEGiUM {priva lex, i. e., de uno homine).
In civil law. A private law inflicting a punishment or conferring a reward. Calv. Lex.; Cicero, de Lege, 3, 19, pro Domo, 17; Vicat. Every peculiar right by which one creditor or class of creditors is preferred to another in personal actions. Vicat. Every privilege granted by law in derogation of common right. Mackeld. Civ. Law, §§ 188, 189. A claim or lien on a thing, which, once attaching, continued till waiver or satisfaction, and which existed apart from possession. So at the present day in maritime law, e. g., the lien of seamen on ship for wages. 2 Pars. Mar. Law, 561-563. PRIVILEGIUIVI CLERICALE (Lat) Benefit of clergy. PRIVILEGIUM EST BENEFICIUM PERsonale et extinguitur cum persona. A privilege is a personal benefit, and dies with the person. 3 Bulst. 8. PRIVILEGIUM EST QUASI PRIVATA lex. A privilege is, as it were, a private law. 2 Bulst. 189. PRIVILEGIUM NON VALET CONTRA rempublicam. A privilege avails not against the commonwealth. Bac. Max. 25; Broom, Leg. Max. (3d London Ed.) 17; Noy, Max. (9th Ed.) 34. PRIVITY (Law. Fr. privitie). Connection; interest; mutuality of interest; such as subsists between the immediate parties to a contract, as between lessor and lessee; otherwise called "personal privity," or "privity of contract." 3 Coke, 23a; Litt. §§ 460, 461. But this does not seem to be privity in its proper sense, for privies are they who are not parties. See "Privy." A derivative kind of interest, founded upon or growing out of the contract of another, as that which, subsists between an heir and his ancestor, between an executor and testator, and between a lessor or lessee and his assignee. 3 Coke, 23a. The mutual or successive relationship to the same rights of property. 1 Greenl. Ev. §189; 6 How. (U. S.) 60; 246 111. 573; 127