Blacks Law Dict. 1st ed

PREBENDARY

PRECEPT

926

from direct and imperative terms. 1 Will iams, Ex'rs, 88, 89, and note. PRECEDENCE, or PRECEDENCY. The act or state of going before; adjustment of place. PRECEDENCE, PATENT OP. In En glish law. A grant from the crown to such barristers as it thinks proper to honor with that mark of distinction, whereby they are entitled to such rank and preaudience as are assigned in their respective patents. 3 Steph. Comin. 274. PRECEDENT. An adjudged caseor de cision of a court of justice, considered as fur nishing an example or authority for an iden tical or similar case afterwards arising or a similar question of law. A draught of a conveyance, settlement, will, pleading, bill, or other legal instru ment, which is considered worthy to serve as a pattern for future instruments of the same nature. PRECEDENT CONDITION. Such as must happen or be performed before an es tate can vest or be enlarged. See CONDITION PRECEDENT. PRECEDENTS SUB SILENTIO. Si lent uniform course of practice, uninter rupted though not supported by legal decis< ions. Precedents that pass sub silentio are of little or no authority. 16 Vin. Abr. 499. PRECEPARTIUM. The continuance of a suit by consent of both parties. Cowell. PRECEPT. In English and American law. An order or direction, emanating from authority, to an officer or body of officers, commanding him or them to do some act within the scope of their powers. Precept is not to be confined to civil proceed ings, and is not of a more restricted meaning than "process." It includes warrants and processes in criminal as well as civil proceedings. 1 Gray, 51, 58. "Precept" means a commandment in writ ing, sent out by a justice of the peace or other like officer, for the bringing of a person ox record before him. Cowell. The direction formerly issued by a sheriff to the proper returning officers of cities and boroughs within his jurisdiction for the elec tion of members to serve in parliament. 1 Bl. Comm. 178. The direction by the judges or commis sioners of assize to the sheriff for the sum

tic in consideration of his officiating and serv ing in the church; whereas the canonicate is a mere title or spiritual quality which may exist independently of any stipend. 2 Steph. Gomm. 674, note. PREBENDARY. An ecclesiastical per son serving on the staff of a cathedral, and receiving a stated allowance or stipend from the income or endowment of the cathedral, in compensation for his services. PRECARI.S3, or PRECES. Day-works which the tenants of certain manors were bound to give their lords in harvest time. Magna precaria was a great or general reap ing day. Cowell. PRECARIOUS. The circumstances of an executor are precarious, within the mean ing and intent of a statute, only when his character and conduct present such evidence of improvidence or recklessness in the man agement of the trust-estate, or of his own, as in the opinion of prudent and discreet men endangers its security. 60 Barb. 56. PRECARIOUS LOAN". A bailment by way of loan which is not to continue for any fixed time, but may be recalled at the mere will and pleasure of the lender. PRECARIOUS RIGHT. Theright which the owner of a thing transfers to an other, to enjoy the same until it shall please the owner to revoke it. PRECARIOUS TRADE. In interna tional law. Such trade as may be carried on by a neutral between two belligerent powers by the mere sufferance of the latter. PRECARIUM. Lat. In the civillaw. A convention whereby one allows another the use of a thing or the exercise of a right gra tuitously till revocation. The bailee acquires thereby the lawful possession of the thing, except in certain cases. The bailor can re demand the thing at any time, even should he have allowed it to the bailee for a desig nated period. Mackeld. Rom. Law, § 447. PRECATORY TRUST. Atrust created by certain words, which are more like words of entreaty and permission than of command or certainty. Examples of such words, which the courts have held sufficient to con stitute a trust, are " wish and request," "have fullest confidence," "heartily beseech," and the like. Bapalje & Lawrence. PRECATORY WORDS. Words of en treaty, request, desire, wish, or recommen dation, employed in wills, as distinguished

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