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PRIVILEGE

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Originally appearing in Volume V22, Page 371 of the 1911 Encyclopedia Britannica.
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PRIVILEGE , in See also:

law, an See also:immunity or exemption conferred by See also:special See also:grant in derogation cf See also:common right. The See also:term is derived from privilegium, a law specially passed in favour of or against a particular See also:person. In See also:Roman law the latter sense was the more common; in See also:modern law the word bears only the former sense. Privilege in See also:English law is either See also:personal or real—that is to say, it is granted to a person, as a peer, or to a See also:place, as a university. The most important instances at See also:present existing in See also:England are the privilege of See also:parliament (see PARLIAMENT), which protecos certain communications from being regarded as libellous (see See also:LIBEL AND See also:SLANDER), and certain privileges enjoyed by the See also:clergy and others, by which they are to some extent exempt from public duties, such as serving on juries. Privileged copyholds are those held by the See also:custom of the See also:manor and not by the will of the See also:lord. There are certain debts in England, See also:Scotland and the See also:United States which are said to be privileged—that is, such debts as the executor must first apply the personal See also:estate of the deceased, in See also:payment, for example, of funeral expenses or servants' See also:wages. In English law the term " preferred " rather than " privileged " is generally applied to such debts. There are certain deeds and summonses which are privileged in Scots law, the former because they require less solemnity than See also:ordinary deeds, the latter because the ordinary induciae are shortened in their See also:case (see See also:Watson, Law See also:Diet., s.v. " Privilege "). In the United States the term privilege is of considerable See also:political importance. By See also:art. iv.

§ 2 of the constitution, " the citizens of each See also:

state shall be entitled to all privileges and immunities of citizens in the several states." By art. xiv. § 1 of the amendments to the constitution (enacted See also:July 28, 1868), " no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." It will be noticed that the former applies to citizens of the states, the latter to citizens of the United States. " The intention of this clause (art. iv.) was to confer on the citizens of each state, if one may so say, a See also:general citizenship, and to communicate all the privileges and immunities which the citizens of the same state would have been entitled to under the like circumstances " (See also:Story, Constitution of the United States, § 18o6). The clauses have several times been the subject of judicial decision in the Supreme See also:Court. With regard to art. iv., it was held that a state See also:licence tax discriminating against commodities the See also:production of other states was void as abridging the privileges and immunities of the citizens of such other states (See also:Ward v. State of See also:Maryland, 12 See also:Wallace's Reports, 418). With regard to art. xiv. 1, it was held that its See also:main purpose was to protect from the hostile legislation of the states the privileges and immunities of citizens of the United States, looking more especially to the then See also:recent See also:admission of negroes to political rights. Accordingly it was held that a grant of exclusive right or privilege of maintaining slaughter-houses for twenty-one years, imposing at the same See also:time the See also:duty of providing ample See also:con-veniences, was not unconstitutional, as it was only a See also:police regulation for the See also:health of the See also:people (The Slaughter-See also:House Cases, 16 Wallace, 36). The same has been held of a refusal by a state to grant to a woman a licence to practise law (Bradwell v. The State, 16 Wallace, 130), of a state law confining the rights of See also:suffrage to See also:males (See also:Minor v. Happersett, 21 Wallace, 162), and of a state law regulating the See also:sale of intoxicating liquors (Bartemeyer v.

See also:

Iowa, 18 Wallace, 129). Suits to redress the deprivation of privilege secured by the constitution of the United States must be brought in a United States court. It is a See also:crime to conspire to prevent the See also:free exercise and enjoyment of any privilege, or to conspire to deprive any person of equal privileges and immunities, or under See also:colour of law to subject any inhabitant of a state or territory to the deprivation of any privileges or immunities (Revised Statutes of United States, §§ 5507, 5510, 5519).

End of Article: PRIVILEGE

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