These privileges were of two kinds: one gave a preference on all the goods, without any particular assignment on any one thing; the other secures to the creditors their se curity on certain things, and not on the other goods.
Among creditors who are privileged', there is no priority of time, but each one is in the order of his privilege, and all creditors who have a privilege of the same kind take pro portionately, although their debts be 'of dif ferent dates. And all privileges have equal ly a preference over those of an inferior class, and over debts which do not have this favored character, whether subsequent or antecedent in point of time.
The vendor of immovable property, for which payment has not been made, is pre ferred before creditors of the purchaser, and all other persons, as to the thing sold. By the Roman law, this principle applies equal ly to movables and immovables ; and the seller may seize upon the property in the hands of his vendee, or wherever he can find it.
So, too, a person who has lent money to repair a thing, or to make improvements, has this privilege. And this, though he lends to workmen or architects, etc., if it be
done with the knowledge of the owner.
Carriers have a privilege not only for the price of carriage, but for money paid on ac count of the goods.
Landlords have a privilege for the rents due from their tenants even on furniture of the under-tenants, if there be a sublease. But not if payment has been made to the tenant by an immediate lessor ; although a payment made by the sub-tenant to the land lord would be' good as against the tenant.
The privilege was lost, by a novation, or by anything in the original contract which showed that the vendor had taken some oth er security inconsistent with the privilege. See Domat, pt. i. lib. iii. tit. i. sec. v.
See Dalloz, Diet. Privilege; LIEN ; LAST SICKNESS ; PREFERENCE.
In Maritime Law. An allowance to the mas ter of a ship of the. general nature of prim age, being compensation, or rather a gratui ty, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides, is made under the knowledge of such usage by the parties.