PRIVILEGE

A particular and peculiar benefit or advantage enjoyed by a person, 0 company, or cla , beyond the common ad• vantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or immunity held by a person or cla , againsf or beyond the course of the law. P Privilege is an exemption from some burden or attendance, with which certain persons are indulged, from a supposition of law that the statlons they fill, or the offices.they are engaged in, are such as require all their time and care, and that, therefore, without this indulgence, it would be impracticable to execute such offices to that advantage w)lich the public good requires. See Lawyers' Tax Cases, 8 Heisk. ('l'enn.) 649; U. S. v. Patrick (C. C.) 54 E'ed. 348; Dike v. State, 38 Minn. 366, 38 N. W, 95; International Trust Co. v. American L. & T. Co., 62 Minn. 501, 65 N. W. 78; Com. v. Henderson, 172 Pa. 135, 33 Atl. 868; Tenne ee v. Whit worth (C. C.) 22 Fed. 83; Morgan v. Louisiana, 93 u. S. 217, 23 L. Eld. 860; Corfield v. Coryell, 6 Fed. Oas. 551; State v. Gilman, 33 w. Va. 146, 10 S. E. 283, 6 L. R. A. 847. In the civil law, A right which the nature Clf a debt gives to a creditor, and which entitles him to be preferred before other creditors. Civil Code La. art. 3186. In maritim.e law. An allowance to the master of a ship of the same gerteral nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law a umes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge of' such usage by the parties. 8 Chit. Commer. Law, 431. In the law of libel and ■lander, An exemption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in the v.erformance of a duty, political, judicial, social, or personal. Privilege is either absol-ute or conditional. The former protects the speaker or publisher without reference to his motives or the truth or falsity of. the statement. This may be claimed in respect, for instance, to statements · made in legislative debates, in reports of oflicers ·to their superiors in the line of their duty, and statements made by judges, wit• ne es, and jurors in trials in court. Conditional privilege will protect the speaker or publisher unle actual malice and knowledge· of the falsity of the statement is shown. This ni.11.y be claimed 'Where the communication related to a matter of public interest, or where it was -nece ary to protect one's private interest and was made to a person having an interest 1n the same matter. Ram- [s. 948]