英文法律词典 P-109
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PRINCIPLES. By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims2; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles. These principles have known marks by which they may always be recognized. These are, 1. That they are so clear that they cannot be proved by anterior3 and more manifest truths. 2, That they are almost universally received. 3. That they are so strongly impressed on our minds that we conform ourselves to them, whatever may be our avowed4 opinions.

2. First principles have their source in the sentiment of our own existence, and that which is in the nature of things. A principle of law is a rule or axiom which is founded in the nature of the subject, and it exists before it is expressed in the form of a rule. Domat, Lois Civiles, liv. prel. t. 1, s. 2 Toull. tit. prel. n. 17. The right to defend one's self, continues as long as an unjust attack, was a principle before it was ever decides by a court, so that a court does Dot establish but recognize principles of law.

3. In physics, by principle is understood that which constitutes the essence of a body, or its constituent5 parts. 8 T. R. 107. See 2 H. Bl. 478. Taken in this sense, a principle cannot be patented; but when by the principle of a machine is meant the modus operandi, the peculiar6 device or manner of producing any given effect, the application of the principle may be patented. 1 Mason, 470; 1 Gallis, 478; Fessend. on Pat. 130; Phil. on Pat. 95, 101; Perpigna, Manuel des Inventeurs, &c., c. 2, s. 1.

PRINTING. The art of impressing letters; the art of making books or papers by impressing legible characters.

2. The right to print is guarantied by law, and the abuse of the right renders the guilty person liable to punishment. See Libel,; Liberty of the Press; Press.

PRIORITY. Going before; opposed to posteriority. (q. v.)

2. He who has the precedency in time has the advantage in right, is the maxim1 of the law; not that time, considered barely in itself, can make any such difference, but because the whole power over a thing being secured to one person, this bars all others from obtaining a title to it afterwards. 1 Fonb. Eq. 320.

3. In the payment of debts, the United States are entitled to priority when the debtor7 is insolvent8, or dies and leaves an insolvent estate. The priority was declared to extend to cases in which the insolvent debtor had made a vol-untary assignment of all his property, or in which his effects had been attached as an absconding9 or absent debtor, on which an act of legal bankruptcy10 had been committed. 1 Kent, Com. 243; 1 Law Intell. 219, 251; and the cases there cited.

4. Among common creditors11, he who has the oldest lien12 has the preference; it being a maxim both of law and equity13, qui prior est tempore, potior est jure. 2 John. Ch. R. 608. Vide Insolvency14; and Serg. Const. La*, Index, h. t.



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1 maxim G2KyJ     
n.格言,箴言
参考例句:
  • Please lay the maxim to your heart.请把此格言记在心里。
  • "Waste not,want not" is her favourite maxim.“不浪费则不匮乏”是她喜爱的格言。
2 maxims aa76c066930d237742b409ad104a416f     
n.格言,座右铭( maxim的名词复数 )
参考例句:
  • Courts also draw freely on traditional maxims of construction. 法院也自由吸收传统的解释准则。 来自英汉非文学 - 行政法
  • There are variant formulations of some of the maxims. 有些准则有多种表达方式。 来自辞典例句
3 anterior mecyi     
adj.较早的;在前的
参考例句:
  • We've already finished the work anterior to the schedule.我们已经提前完成了工作。
  • The anterior part of a fish contains the head and gills.鱼的前部包括头和鳃。
4 avowed 709d3f6bb2b0fff55dfaf574e6649a2d     
adj.公开声明的,承认的v.公开声明,承认( avow的过去式和过去分词)
参考例句:
  • An aide avowed that the President had known nothing of the deals. 一位助理声明,总统对这些交易一无所知。
  • The party's avowed aim was to struggle against capitalist exploitation. 该党公开宣称的宗旨是与资本主义剥削斗争。 来自《简明英汉词典》
5 constituent bpxzK     
n.选民;成分,组分;adj.组成的,构成的
参考例句:
  • Sugar is the main constituent of candy.食糖是糖果的主要成分。
  • Fibre is a natural constituent of a healthy diet.纤维是健康饮食的天然组成部分。
6 peculiar cinyo     
adj.古怪的,异常的;特殊的,特有的
参考例句:
  • He walks in a peculiar fashion.他走路的样子很奇特。
  • He looked at me with a very peculiar expression.他用一种很奇怪的表情看着我。
7 debtor bxfxy     
n.借方,债务人
参考例句:
  • He crowded the debtor for payment.他催逼负债人还债。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
8 insolvent wb7zK     
adj.破产的,无偿还能力的
参考例句:
  • They lost orders and were insolvent within weeks.他们失去了订货,几周后就无法偿还债务。
  • The bank was declared insolvent.银行被宣布破产。
9 absconding a827fcc2cad7ee841f17247bc5994624     
v.(尤指逃避逮捕)潜逃,逃跑( abscond的现在分词 )
参考例句:
  • He was charged with absconding from lawful custody. 他被指控从合法监护人那里逃走。 来自互联网
10 bankruptcy fPoyJ     
n.破产;无偿付能力
参考例句:
  • You will have to pull in if you want to escape bankruptcy.如果你想避免破产,就必须节省开支。
  • His firm is just on thin ice of bankruptcy.他的商号正面临破产的危险。
11 creditors 6cb54c34971e9a505f7a0572f600684b     
n.债权人,债主( creditor的名词复数 )
参考例句:
  • They agreed to repay their creditors over a period of three years. 他们同意3年内向债主还清欠款。 来自《简明英汉词典》
  • Creditors could obtain a writ for the arrest of their debtors. 债权人可以获得逮捕债务人的令状。 来自《简明英汉词典》
12 lien 91lxQ     
n.扣押权,留置权
参考例句:
  • A lien is a type of security over property.留置是一种财产担保。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
13 equity ji8zp     
n.公正,公平,(无固定利息的)股票
参考例句:
  • They shared the work of the house with equity.他们公平地分担家务。
  • To capture his equity,Murphy must either sell or refinance.要获得资产净值,墨菲必须出售或者重新融资。
14 insolvency O6RxD     
n.无力偿付,破产
参考例句:
  • The company is on the verge of insolvency.该公司快要破产了。
  • Normal insolvency procedures should not be applied to banks.通常的破产程序不应当适用于银行。
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