PRESENTATION (presentatio). The act of a patron or proprietor of a living offering or presenting a clerk to the ordinary. This is done by a kind of letter from the patron to the bishop of the diocese. in which the benefice is situated, requesting him to admit to the church the person presented. 3 Cruise, 14.

See also title NOMINATION. PRESENTATIVE ADVOWSON: See title

ADVOWSON.

PREROGATIVE continued. making treaties, leagues, and alliances with foreign states and princes; of appointing ports and havens, or such places only for persons and merchandize to pass into and out of the realm as he in his wisdom sees proper, are all instances of the king's prerogative. The greater part of early constitutional history consists in the struggles of Parliament to restrain the royal prerogative (see title CONSTITUTION, GROWTH OF). And at the present day the law regarding the prerogative exhibits exactly the reverse peculiarity, viz., that the Crown may not of its own authority diminish its prerogative, although with the authority of parliament it may do so (Ex parte Eduljee Byramjee, 5 Moo. P. C. C. 276). And generally the sovereign may not exercise his prerogative in contrariety to the Common Law; and although he may by his prerogative establish Courts to proceed according to the Common Law, he cannot create any new Court to administer any other law. In re Natal (Bishop), 3 Moo. P. C. C. (N.S.) 115.

PREROGATIVE COURT: See title COURTS ECCLESIASTICAL, s. 5.

PREROGATIVE LAW. That part of the Common Law of England which is more particularly applicable to the king. Com. Dig. tit. "Ley." (A).

PRESCRIBE, TO. To assert a right or title to the enjoyment of a thing on the ground of having hitherto had the uninterrupted and immemorial enjoyment of it.

See title PRESCRIPTION.

PRESCRIPTION (præscriptio). A title which a person acquires to incorporeal hereditaments by long and continued possession. Every species of prescription by which property is acquired or lost is founded on this presumption, that he who has had a quiet and uninterrupted possession of anything for a long period of years is supposed to have a just right, without which he could not have been suffered to continue in the enjoyment of it. This mode of acquisition was well known in the Roman Law by the name of usucaptio, because a person who acquired a title in this manner might be said usu rem capere. Before the Act of 2 & 3 Will. 4, c. 71, the possession required to constitute a prescription must have existed time out of mind, or beyond the memory of man, as it is also termed, that is, before the reign of Richard I.; but now, the period of possession necessary to constitute a title by prescription is in many cases by the above Act considerably shortened.

See titles COMMONS; EASEMENTS; PRO-
FITS À PRENDRE.

PRESENTEE. He who is presented to a living by the patron thereof. PRESENTMENT.

This word has various significations. In its relation to criminal matters it signifies the notice taken by a grand jury of any offence from their own knowledge or observation, without any bill of indictment laid before them at the suit of the king; as the presentment of a nuisance, a libel and the like; upon which the officer of the Court must afterwards frame an indictment before the party presented can be put to answer it. The word, as used in reference to admissions to copyholds, signifies an information made by the homage or jury of a Court Baron to the lord, by way of instruction, to give the lord notice of the surrender and of what has been transacted out of Court (5 Cruise, 502). But the necessity of the latter presentment has been abolished by 4 & 5 Vict. c. 35.

See title COPYHOLDS. PRESS, LIBERTY OF. Upon the art of printing becoming general, the press was subjected to a rigorous censorship, first on the part of the Church, and latterly on the part of the State. Thus, in the reign of Elizabeth, printing was interdicted, save in London, Oxford, and Cambridge. In the reign of James I. the first newspaper was attempted to be printed, but that king and his successor endeavoured to silence the same by means of the Star Chamber jurisdiction. In 1641, when the Star Chamber was abolished, newspapers promised to become more abundant, especially as the mind of the nation was at that time in a very active and even excited state; but the Long Parliament by various ordinances endeavoured to restrain printing, at least on the part of the Royalist and Prelatical party. This conduct on the part of the Long Parliament was the occasion of Milton's treatise, entitled " Areopagitica, A Speech for Liberty of Unlicensed Printing." Upon the Restoration, in 1660, the Licensing Act (13 & 14 Car. 2, c. 33) was passed, which placed printing under the control of the Government, and in particular confined the trade to London, York, Oxford, and Cambridge, limiting also the number of master printers to twenty;

PRIMAGE-continued.

the master of a vessel for his personal care and trouble, which he is to receive in addition to his wages or salary, to his own use, unless he has otherwise agreed with his employers. This payment is that intended in the phrase "with primage and average accustomed." It appears to be of very ancient date; and in the old books is sometimes called hat money," and also "la contribution des chausses, ou pot de vin du maître." Abbot on Shipping by Shee, 404; Maude & Poll. Merch. Ship. 88. Kay's Law of Shipmasters.

PRIMATE OF ALL ENGLAND. An ecclesiastical title belonging to the Archbishop of Canterbury, who is styled "Primate of all England and Metropolitan." Anciently, indeed, he had primary jurisdiction, not only over all England, but in Ireland too; and it was from him that the Irish bishops received consecration; for Ireland had no other archbishop till the year 1152, and the Archbishop of Canterbury was then denominated "Orbis Britannici Pontifex." But for a long period, up to a recent date, Ireland had four archbishops, one for each of the four provinces of Armagh, Dublin, • Cashel, and Tuam, all of whom were distinguished by the title of primate; but by the recent stats. of 3 & 4 Will. 4, c. 37, and 4 & 5 Will. 4, c. 90, the number was diminished to two, the two others being reduced to the rank of bishops. And by a still more recent Act (32 & 33 Vict. c. 42), the entire English hierarchy in Ireland has been abolished. The Archbishop of York is sometimes styled Primate of England. See Burns' Eccl. Law, by Phillimore.

PRIMER FINE. On the levying of a fine when the writ of covenant was sued out, there was due to the king by ancient prerogative a sum of money called primer fine, being a noble for every five marks of land sued for. It was so called because there was another fine payable afterwards, which was termed the post fine.

See also title FINE.

PRIMER SEISIN (prima seisina). During the feudal tenures, when any of the king's tenants in capite died seised of lands or tenements, the Crown was entitled to receive of the heir, if he were of full age, a sum of money amounting to one whole year's profits of the lands, which was termed primer seisin, i.e., first possession. 1 Cruise, 31; 2 Inst. 134.

PRIMOGENITURE. The right of the eldest son to inherit his ancestor's estates to the exclusion of the younger sons; or, as the canon of descent has it, "that where

A

PRINCIPAL AND ACCESSORY. criminal offender is either a principal or an accessory; a principal is either the actor, i.e., the actual perpetrator of the crime, or else is present, aiding and abetting the fact to be done; an accessory is he who is not the chief actor in the offence, nor yet present at its performance, but is someway concerned therein, either before or after the fact committed. An accessory before the fact is he who, being absent at the time of the commission of a felony, procures, counsels, or commands the principal felon to commit it; as if several plan a theft, which one is to execute; or if a person incites a servant to embezzle the goods of his master. An accessory after the fact is one who, knowing a felony to have been committed, receives, harbours, relieves, comforts, or assists the principal or accessory before the fact with a view to his escape. 1 Hale, 613, 618.

See also titles ACCESSORIES; AIDERS
AND ABETTORS.

PRINCIPAL AND AGENT. The English Law adopts the maxim, that what a man does through another person he does for himself (qui facit per alium facit per se), and as a rule (but subject to a few exceptions, chiefly statutory) what a man may do by himself he may also do by another acting for him; but the converse does not hold, that what he cannot do for himself, he cannot do for another, for infants and married women, although they cannot bind themselves, may be agents so as to bind the principal who employs them. Agents are either general or special; but in either case the authority of the agent is confined by his instructions, whether particular or general, and the same rules of law apply to both.

ing

These rules are principally the follow

(1.) Where an agent contracts within the scope of his authority he binds his principal; and if without that scope, then he does not bind the latter;

(2.) Where an agent contracts as principal he is personally liable;

(3.) But in case (2), if the principal is

PRINCIPAL AND AGENT-continued. known at the time of the contract to the other contracting party, who chooses there and then to debit the principal, the agent is not liable; and, on the other hand, if with the like knowledge he there and then debits the agent, the principal is not liable;

(4.) But if the principal is unknown at the time of the contract to the other contracting party, then, whether the agent represent himself or not as principal, the other contracting party may, upon discovering the principal, debit at his election either the principal or the agent;

(5.) Where, however, the principal is at fault in permitting his agent to act as apparent principal, and thereby the other contracting party is in luced to contract with him, the true principal, if he should afterwards intervene, will take subject to all rights or equities, e.g., by way of setoff, which the third party had against the apparent principal (George v. Clagett, 7 T. R. 359);

(6.) Where a person having no authority as an agent represents himself as agent, and in that self-assumed capacity enters into a contract, the other contracting party cannot charge the pretended principal either upon the contract or at all; but he may charge the assuming agent, not indeed, upon the express contract, but upon an implied contract or warranty that he had authority to make the contract, and in that way he will make such agent liable for damages (Collen v. Wright); and

(7.) An agent who contracts in writing should describe himself both in the body of the instrument and in his signature to it, as agent merely for his principal, naming the latter in both places, otherwise he may (in case of any ambiguity in the instrument) be held personally liable (Humfrey v. Dale, 7 El. & Bl. 266; El, Bl. & El. 1001); and he will certainly be personally liable in such a case if he names a fictitious principal.

Agency is determined by death of either principal or agent; nor does the English Law admit of that equitable extension of the Roman Law, whereby a stranger contracting with the agent in ignorance of the principal's death was protected, and might recover. Smout v. Ilbery, 10 M. &. W. 1; Blades v. Free, 9 B. & C. 157.

PRINCIPAL AND SURETY: See title

PRIVATE ACT OF PARLIAMENT―cont. of the realm are generally divided into public and private. The former being an universal rule that regards the community at large, and of which the Courts of Law are bound of themselves judicially to take notice; the latter being rather exceptions than rules, operating only upon particular persons and private concerns, and of these the judges need only take notice when expressly pleaded. Thus the statute 13 Eliz. c. 10, which prevents the master and fellows of any college, the dean and chapter of a cathedral, or any other person having a spiritual living, from making leases for longer terms than twenty-one years or three lives, is a public Act, it being a rule prescribed to spiritual persons in general; but an Act to enable the Bishop of Chester to make a lease to A. B. for sixty years, which is otherwise beyond a bishop's power, concerns only the parties, and is, therefore, a private Act. 4 Rep. 13 a.; Ibid. 76 a.

See also next title.

PRIVATE BILLS. All parliamentary bills which have for their object some particular or private interest are so termed, as distinguished from such as are for the benefit of the whole community, and which are thence termed public bills. The mode in which Parliament proceeds in the passing of public and private bills well illustrates their distinctive characters. In passing public bills, Parliament acts strictly in its legislative capacity; it originates the measures which appear for the public good; it conducts inquiries, when necessary, for its own information, and enacts laws according to its own wisdom and judgment. The forms in which its deliberations are conducted are established for its own convenience; and all its proceedings are independent of individual parties, who may petition indeed, and are sometimes heard by counsel; but who have no direct participation in the conduct of the business, nor immediate influence upon the judgment of Parliament. In passing private bills, the Parliment still exercises its legislative functions, but its proceedings partake also of a judici 1 character. The persons whose private interests are to be promoted appear as suitors; while those who apprehend injury are admitted as adverse parties in the suit. All the formalities of a Court of justice are maintained; various conditions are required to be observed, and their observance to be strictly proved; and if the parties do not sustain the bill in its progress by following every regulation and form prescribed, it is not forwarded by the House in which it is pending; and if they abandon it, and no

U

PRIVATE BILLS-continued.

other parties undertake its support, the bill is lost, however sensible the House may be of its value. The analogy which all these circumstances bear to the proceedings of a Court of justice is further supported by the payment of fees, which is required of every party supporting or opposing a private bill, or desiring or opposing any particular provisions. May's Parl. Pract. 626.

PRIVATE CHAPELS: See title PROPRIETARY CHAPELS.

PRIVATE WAY: See title WAY and title EASEMENT.

PRIVIES (from the Fr. privé, familiar, intimate, &c.). 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 else it signifies persons related by blood, as ancestor and heir, &c. And this connection which so arises or exists between persons is termed privity. The word "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. So also those who are in any way related to the parties who levy a fine and claim under them, either by right of blood or otherwise, are denominated privies to a fine; and the connection or relationship which in all such cases arises or exists between the parties is termed privity; so that between lessors and lessees, who are termed privies in estate, there also exists privity of estate. 5 Cruise, 158; Les Termes de la Ley.

PRIVILEGE (privilegium). Sometimes used in law for a place which has some special immunity; and sometimes for an exemption from the rigour of the Common Law. It is either real or personal. A real privilege is that which is granted to a place, a personal privilege that which is granted to a person. An instance of the former kind is the power granted to the universities to have Courts of their own; an instance of the latter kind is the exemption of certain persons from being obliged to serve in certain offices, or to perform certain duties. Kitchen; Cowel. See also title PARLIAMENT.

In

PRIVILEGED COMMUNICATION. actions for libel or slander, one of the most common defences is that of privilege, or that the words spoken or written were a privileged communication. The chief grounds of privilege are the following:

(1.) That the defendant was the master of the plaintiff, and spoke the words to him while that relation was continuing (Somerville v. Hawkins, 10 C. B. 583);

(2.) That the defendant spoke or wrote the words as part of a character which he was requested to give of the plaintiff' (Fountain v. Boodle, 3 Q. B. 11);

(3.) That the words were a fair comment upon an author or speaker (Wason v. Walter, L. R. 4 Q. B. 73); and

(4.) That the defendant had a pecuniary interest (direct or indirect) in the business with reference to which the words were spoken, Coxhead v. Rickards, 2 C. B. 569.

PRIVILEGED DEBTS. Those debts which an executor may pay in preference to others; such as the funeral expenses, servants' wages, expenses of medical attendance incurred during the illness of the deceased, &c. Also, in bankruptcy proceedings under the Bankruptcy Act, 1869, the following classes of debts are privileged, i.e., entitled to priority of payment;

(1.) Parochial, and other local rates; (2.) Assessed taxes;

(3.) Land tax;

(4.) Property or income tax up to the 5th of April preceding. In each of these cases to the extent of one year's arrears only:

(5.) Wages or salaries of clerks or servants, not exceeding four months' arrears or £50; and

(6.) Wages of labourers and workmen, not exceeding two months' ar

rears.

PRIVITY OF CONTRACT. That connection or relationship which exists between two or more contracting parties is so termed. It is essential to the maintenance of an action on any contract that there should subsist a privity between the plaintiff and the defendant in respect of the matter sued on; and the absence of such privity is fatal to the action (Baron v. Husband, 4 B. & Ad. 611). But in some cases, where an action of contract will not lie for want of privity, an action of tort (in which privity is not an essential) will properly lie. Gerhard v. Bates, 2 El. & Bl. 476.

See title CONTRACTS.

PRIZE. Is booty seized on land or captured at sea in times of war. The