英文法律词典 P-105

PRICE CURRENT. The price for which goods, usually sell in the market. A printed newspaper containing a list of such prices is also called a price current.

PRIMA FACIE. The first blush; the first view or appearance of the business; as, the holder¹ of a bill of exchange, indorsed in blank, is prima facie its owner.

2. Prima facie evidence of a fact, is in law sufficient to establish the fact, unless rebutted². 6 Pet. R. 622, 632; 14 Pet. R. 334. See, generally, 7 J. J. Marsh³, 425; 3 N. H. Rep. 484; 3 Stew⁴. & Port. 267; 5 Rand. 701; 1 Pick. 332; 1 South. 77; 1 Yeates, 347; Gilp. 147; 2 N. & McCord, 320; 1 Miss. 334; 11 Conn. 95; 2 Root, 286; 16 John. 66, 136; 1 Bailey, 174: 2 A. K. Marsh. 244. For example, when buildings are fired by sparks emitted from a locomotive engine passing along the road, it is prima facie evidence of negligence⁵ on the part of those who have the charge of it. 3 Man. Gr. & Sc. 229.

PRIMA TONSURA. A grant of a right to have the first crop of grass. 1 Chit. Pr. 181.

PRIMAGE, merc. law. A duty payable⁶ to the master and mariner⁷ of a ship or vessel⁸; to the master for the use of his cables and ropes to discharge the goods of the merchant; to the mariners⁹ for lading and unlading in any port or haven¹⁰. Merch. Dict. h. t.; Abb. on Ship. 270.

2. This payment appears to be of very ancient date, and to be variously regulated in different voyages and trades. It is sometimes called the master's hat money. 3 Chit. Com. Law, 431.

PRIMARY. That which is first or principal; as primary evidence, or that evidence which is to be admitted in the first instance, as distinguished¹¹ from secondary evidence, which is allowed only when primary evidence cannot be had.

2. A primary obligation is one which is the principal object of the contract; for example, the primary obligation of the seller is to deliver the thing sold, and to transfer the title to it. It is distinguished from the accessory or secondary obligation to pay damages for not doing so. 1 Bouv. Inst. n. 702.

PRIMARY EVIDFNCE. The best evidence of which the case in its nature is susceptible¹². 3 Bouv. Inst. n. 3053. Vide Evidence. PRIMARY POWERS. The principal authority given by a principal to his agent; it differs from mediate¹³ powers. (q. v.) Story, Ag. 58.

PRIMATE¹⁴, eccles. law.. An archbishop who has jurisdiction¹⁵ over one or several other metropolitans¹⁶.

PRIMER ELECTION. A term used to signify first choice.

2. In England, when coparcenary lands are divided, unless it is otherwise agreed, the eldest¹⁷ sister has the first choice of the purparts; this part is called the enitia pars¹⁸. (q. v.) Sometimes the oldest sister makes the partition, and in that case, to prevent partiality, she takes the last choice. Hob. 107; Litt. 243, 244, 245; Bac. Ab. Coparceners, C.