英文法律词典 P-109

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.