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Bouvier's Law Dictionary, Revised 6th Edition (1856)

PRIVILEGE, mar. law. An allowance to the master of a ship of the general
nature with primage, (q.v.) 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 such usage by the parties. 3 Chit. Com. Law, 431.


PRIVILEGE, rights. This word, taken its active sense, is a particular law,
or a particular disposition of the law, which grants certain special
prerogatives to some persons, contrary to common right. In its passive
sense, it is the same prerogative granted by the same particular law.
2. Examples of privilege may be found in all systems of law; members
of congress and of the several legislatures, during a certain time, parties
and witnesses while attending court; and coming to and returning from the
same; electors, while going to the election, remaining on the ground, or
returning from the same, are all privileged from arrest, except for treason,
felony or breach of the peace.
3. Privileges from arrest for civil cases are either general and
absolute, or limited and qualified as to time or place.
4.-1. In the first class may be mentioned ambassadors, and their
servants, when the debt or duty has been contracted by the latter since they
entered into the service of such ambassador; insolvent debtors duly
discharged under the insolvent laws; in some places, as in Pennsylvania,
women for any debt by them contracted; and in general, executors and
administrators, when sued in their representative character, though they
have been held to bail. 2 Binn. 440.
5.-2. In the latter class may be placed, 1st. Members of congress this
privilege is strictly personal, and is not only his own, or that of his
constituent, but also that of the house of which he is a member, which every
man is bound to know, and must take notice of. Jeff. Man. Sec. 3; 2 Wils. R.
151; Com. Dig. Parliament, D. 17. The time during which the privilege
extends includes all the period of the session of congress, and a reasonable
time for going to, and returning from the seat of government. Jeff. Man.
Sec. 3; Story, Const. Sec. 856 to 862; 1 Kent, Com. 221; 1 Dall. R. 296. The
same privilege is extended to the members of the different state
legislatures.
6.-2d. Electors under the constitution and laws of the United States,
or of any state, are protected from arrest for any civil cause, or for any
crime except treason, felony, or a breach of the peace, eundo, morando, et
redeundo, that is, going to, staying at, or returning from the election.
7.-3d. Militia men, while engaged in the performance of military duty,
under the laws, and eundo, morando et redeundo.
8.-4th. All persons who, either necessarily or of right are attending
any court or forum of justice, whether as judge, juror, party interested or
witness, and eundo, morando et redeundo. See 6 Mass. R, 245; 4 Dall. R. 329,
487; 2 John. R. 294; 1 South. R. 366; 11 Mass. R. 11; 3 Cowen, R. 381; 1
Pet. C. C. R. 41.
9. Ambassadors are wholly exempt from arrest for civil or criminal
cases.
Vide Ambassador. See, generally, Bac. Ab. h.t.; 2 Rolle's Ab. 272; 2
Lilly's Reg. 369; Brownl. 15; 13 Mass. R. 288; 1 Binn. R. 77; 1 H. Bl. 686;
Bouv. Inst. Index, h.t.


PRIVILEGE, civil law. A right which the nature of a debt gives to a
creditor, and which entitles him to be preferred before other creditors.
Louis. Code, art. 3153; Dict. de Juris. art. Privilege: Domat, Lois Civ.
liv. 2, t. 1, s. 4, n. 1.
2. 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 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. 1. Funeral charges. 2. 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. 3. Charges, of whatever
nature, occasioned by the last sickness, concurrently among those to whom
they are due; see Last sickness. 4. The wages of servants for the year past,
and so much as is due for the current year. 5. 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. 6. The salaries of clerks, secretaries, and
other persons of that kind. 7. Dotal rights, due to wives by their husbands.
3. The debts which are privileged on particular movables, are, 1. 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. 2. That debt on the pledge which is in the creditor's
possession. 3. The carrier's charges and accessory expenses on the thing
carried. 4. The price due on movable effects, if they are yet in the
possession of the purchaser; and the like. See Lien.
4. Creditors have a privilege on immovables, or real estate in some,
cases, of which the following are instances: 1. The vendor on the estate by
him sold, for the payment of the price, or so much of it as is due whether
it be sold on or without a credit. 2. Architects and undertakers,
bricklayers and other workmen employed in constructing, rebuilding or
repairing houses, buildings, or making other works on such houses,
buildings, or works by them constructed, rebuilt or repaired. 3. Those who
have supplied the owner with materials for the construction or repair of an
edifice or other work, which he has erected or repaired out of these
materials, on the edifice or other work constructed or repaired. Louis.
Code, art. 3216. See, generally, as to privilege. Louis. Code, tit. 21; Code
Civ. tit. 18; Dict. de Juris. tit. Privilege; Lien; Last sickness;
Preference.

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