PRIVILEGE , in
See also:law, an immunity or exemption conferred by
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 place, as a university . The most important instances at
See also:present existing in England are the privilege of 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, 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 payment, for example, of funeral expenses or servants' 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 ordinary deeds, the latter because the ordinary induciae are shortened in their 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 eachstate 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 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 licence tax discriminating against commodities the 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: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 (Minor v . Happersett, 21 Wallace, 162), and of a state law regulating the 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) .
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