Blacks Law Dict. 1st ed

POWER OF APPOINTMENT 921 PILECIPE QUOD TENEAT, ETC. when no person other than the grantee has, by the terms of its creation, any interest in its execution. A general power is in trust when any person or class of persons, other than the grantee of such power, is designated as entitled to the proceeds, or any portion of the proceeds, or other benefits to result from the alienation. 20 Hun, 864. plies as well to the conduct of criminal ac tions as to civil suits, to proceedings in eq uity as well as at law, and to the defense as well as the prosecution of any proceeding. It may include pleading, but is usually employed as excluding both pleading and evidence, and to designate all the incidental acts and steps in the course of bringing matters pleaded to trial and proof, and procuring and enforcing judgment on them.

When a power of appointment among a class re quires that each shall have a share, it is called a "distributive"or "non-exclusive" power; when it authorizes, but does not direct, a selection of one or more to the exclusion of the others, it is called an "exclusive" power, and is also distributive; when it gives the power of appointing to a certain number of the class, but not to all, it is exclusive only, and not distributive. Leake, 889. A power authorizing the donee either to give the whole to one of a class or to give it equally among such of them as he may select (but not to give one a larger share than the others) is called a "mixed" power. Sugd. Powers, 448. Sweet. POWER OP ATTORNEY. An instru ment authorizing a person to act as the agent or attorney of the person granting it. See LETTER OF ATTORNEY. POWER OF DISPOSITION. Every power of disposition is deemed absolute, by means of which the donee of such power is enabled in his life-time to dispose of the en tire fee for his own benefit; and, where a general and beneficial power to devise the in heritance is given to a tenant for life or years, it is absolute, within the meaning of the statutes of some of the states. Code Ala. 1886, § 1853. See POWER OF APPOINTMENT. POYNDING. See POINDING. POYNINGS' ACT. An act of parlia ment, made in Ireland, (10 Hen. VII. c. 22, A. D. 1495;) so called because Sir Edward Poynings was lieutenant there when it was made, whereby all general statutes before then made in England were declared of force in Ireland, which, before that time, they were not. 1 Broom & H. Comm. 112. PRACTICAL. A practical construction of a constitution or statute is one deter mined, not by judicial decision, but practice sanctioned by general consent. 3 Serg. & R.69. PRACTICE. The form or mode of pro ceeding in courts of justice for the enforce ment of rights or the redress of wrongs, as distinguished from the substantive law which gives the right or denounces the wrong. The form, manner, or order of instituting and conducting a suit or other judicial pro ceeding, through its successive stages to its end, in accordance with the rules and prin ciples laid down by law or by the regulations and precedents of the courts. The term ap

PRACTICE COURT. In English law. A court attached to the court of king'ff bench, which heard and determined common matters of business and ordinary motions for writs of mandamus, prohibition, etc. It was usually called the "bail court." It was held by one of the puisne justices of the king's bench. PRACTICES. A succession of acts of a similar kind or in a like employment. PRACTICKS. In Scotch law. The de cisions of the court of session, as evidence of the practice or custom of the country. Bell. PRACTITIONER. He who is engaged in the exercise or employment of any art or profession. PRJECEPTORES. Masters. The chief clerks in chancery were formerly so called, because they had the direction of making out remedial writs. 2 Reeve, Eng. Law, 251. PR.2ECEPTORIES. In feudal law. A kind of benefices, so called because they were possessed by the more eminent templars, whom the chief master by his authority created and called " Proeceptores Templi." PRiECIPE. Lat. In practice. An original writ, drawn up in the alternative, commanding the defendant to do the thing required, or show the reason why he had not done it. 3 Bl. Comm. 274. Also an order, written out and signed, ad dressed to the clerk of a court, and request ing him to issue a particular writ. PR^ICIPE IN CAPITE. When one of the king's immediate tenants in capite was deforced, his writ of right was called a writ of "prcecipe in capite." PRiECIPE QUOD REDDAT. Com mand that he render. A writ directing the defendant to restore tbe possession of land, employed at the beginning of a common re covery. PR.ECIPE QUOD TENEAT CON VENTIONEM. The writ which com

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