PRIVILEGED COMMUNICATIONS. Those statements made by a client to his counsel or attorney, or solicitor¹, in confidence, relating to some cause Or action then pending² or in contemplation.

2. Such communications cannot be disclosed without the consent of the client. 6 M. & W. 587; 8 Dow]. 774; 2 Yo. & C. 82; 1 Dowl. N. S. 651; 9 Mees. & W. 508. See Confidential³ communication.

PRIVILEGIUM CLERICALE. The same as benefit of clergy⁴.

PRIVITY. The mutual⁵ or successive relationship to the same rights of property. 1 Greenl. Ev. 189; 6 How. U. S. R. 60.

PRIVITY OF CONTRACT. The relation which subsists⁶ between two contracting parties. Hamm. on Part. 182.

2. From the nature of the covenant⁷ entered into by him, a lessee⁸ has both privity of contract and of estate; and though by an assignment of his lease he may destroy his privity of estate, still the privity of contract remains⁹, and he is liable on his covenant notwithstanding the assignment. Dougl. 458, 764; Vin. Ab. h. t. 6 How. U. S. R. 60. Vide Privies¹⁰.

PRIVITY OF ESTATE. The relation which subsists between a landlord and his tenant¹¹.

2. It is a general rule that a termor cannot transfer the tenancy or privity of estate between himself and his landlord, without the latter's consent: an assignee, who comes in only in privity of estate, is liable only while he continues to be legal assignee; that is, while in possession under the assignment. Bac. Ab. Covenant, E 4; Woodf. L. & T. 279; Vin. Ab. h: t.; Hamm. on Part. 132. Vide Privies.

PRIVY¹². One who is a partaker, or has an interest in any action, matter or thing.

PRIVY COUNCIL, Eng. law. A council of state composed of the king and of such persons as he may select.

PRIVY SEAL, Eng. law. A seal which the king uses to such grants or things as pass the great seal. 2 Inst. 554.

PRIVY VERDICT. One which is delivered privily¹³ to a judge out of court.

PRIZE, mar¹⁴. law, war. The apprehension¹⁵ and detention¹⁶ at sea, of a ship or other vessel¹⁷, by authority of a belligerent¹⁸ power, either with the design of appropriating it, with the goods and effects it contains, or with that of becoming master of the whole or a part of its cargo¹⁹. 1 Rob. Adm. R. 228. The vessel or goods thus taken are also called a prize. Goods taken on land from a public enemy, are called booty, (q. v.) and the distinction between a prize and booty consists in this, that the former is taken at sea and the latter on laud²⁰.

2. In order to vest the title of the prize in the cap tors, it must be brought with due care into some convenient port for adjudication by a competent court. The condemnation²² must be pronounced by a prize court of the government of the captor sitting in the country of the captor, or his ally; the prize court of an ally cannot condemn²¹. Strictly²³ speaking, as between the belligerent parties the title passes, and is vested when the capture is complete; and that was formerly²⁴ held to be complete and perfect when the battle was over, and the spes recuperandi was gone. 1 Kent, Com. 100; Abbott on Shipp. Index, h. t.; 13 Vin. Ab. 51; 8 Com. Dig. 885; 2 Bro. Civ. Law, 444; Harr. Dig. Ship. and Shipping²⁵, X; Merl. Repert. h. t.; Bouv. Inst. Index. h. t. Vide Infra praesidia.