英文法律词典 P-96

PREMISES¹. that which is put before. The word has several significations; sometimes it means the statements which have been before made; as, I act upon these premises; in this sense, this word may comprise a variety of subjects, having no connexion among themselves; 1 East, R. 456; it signifies a formal part of a deed; and it is made to designate an estate.

PREMISES, estates. Lands and tenements² are usually, called premises, when particularly spoken of; as, the premises will be sold without reserve. 1 East, R. 453.

PREMISES, conveyancing. That part in the beginning of a deed, in which are set forth³ the names of the parties, with their titles ana additions, and in which are recited such deeds, agreements, or matters of fact, as are necessary to explain the reasons upon which the contract then entered into is founded; and it is here also the consideration on which it is made, is set down, and the certainty of the thing granted. 2 Bl. Com. 298. The technical meaning of the premises in a deed, is every thing which precedes the habendum. 8 Mass. R. 174; 6 Conn. R. 289. Vide Deed.

PREMISES, equity⁴ pleading. That part of a bill usually denominated the stating part of the bill. It contains a narrative⁵ of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done, and against whom he seeks redress⁶. Coop. Eq. Pl..9; Bart. Suit in equity, 27; Mitf. Eq. Pl. by Jeremy, 43; Story, Eq. Pl. 27; 4 Bouv, Inst. n. 4158.

PREMIUM⁷, contracts. The consideration paid by the insured to the insurer for making an insurance. It is so called because it is paid primo, or before the contract shall take effect. Poth. h. t. n. 81; Marah. Inst. 234.

2. In practice, however, the premium is not always paid when the policy is underwritten; for insurances are frequently effected by brokers⁹, and open accounts are kept between them and the underwriters, in which they make themselves debtors¹⁰ for all premiums¹¹;, and sometimes notes or bills are given for the amount of the premium.

3. The French writers, when they speak of the consideration given for maritime¹² loans, employ a variety of words in order to distinguish it according to the nature of the case. Thus, they call it interest when it is stipulated¹³ to be paid by the month or at other stated periods. It is a premium, when a gross sum is to be paid at the end of a voyage, and here the risk is the principal object which they have in view. When the sum is a percentage on the money lent, they denominate it exchange, considering it in the light of money lent in one place to be returned in another, with a difference in amount between the sum borrowed and that which is paid, arising from the difference of time and place. When they intend to combine these various shades into one general denomination¹⁴, they make use of the term maritime profit, to convey their meaning. Hall on Mar⁸. Loans, 56, n. Vide Park, Ills. h. t. Poth. h. t.; 3 Kent, Com. 285; 15 East, R. 309, Day's note, and the cases there cited.