Blacks Law Dict. 1st ed

PRECEPT

927

PREFERENCE

moning a sufficient number of jurors. 3 Steph. Comm. 516. The direction issued by the clerk of the peace to the overseers of parishes for making out the jury lists. 3 Steph. Comm. 516, note. In old English, criminal law. Instiga tion to commit a crime. Bract, fol. 1386/ Cowell. In Scotch law. Alt order, mandate, or warrant to do some act. The precept of seis in was the order of a superior to his bailie, to give infeftment of certain lands to his vas sal. Bell. In old French law. A kind of letters issued by the king in subversion of the laws, being orders to the judges to do or tolerate things contrary to law. PRECEPT OF CLARE CONSTAT. A deed in the Scotch law by which a superior acknowledges the title of the heir of a de ceased vassal to succeed to the lands. PRECES. Lat. In Roman law. Prayers. One of the names of an application to the emperor. Tayl. Civil Law, 230. PRECES PRIMARI-EI. In English ec clesiastical law. A right of the crown to name to the first prebend that becomes vacant after the accession of the sovereign, in every church of the empire. This right was exer cised by the crown of England in the reign of Edward I. 2 Steph. Comm. 670, note. PRECINCT. A constable's or police dis trict. The immediate neighborhood of a palace or court. A poll-district. PRECIPE. Another form of the name of the written instructions to the clerk of court; also spelled "prcecipe, " (g. c.) PRECIPUT. In French law. A portion of an estate or inheritance which falls to one of the co-heirs over and above his equal share with the rest, and which is to be taken out before partition is made. PRECLUDI NON. In pleading. The commencement of a replication to a plea in bar, by which the plaintiff "says that, by reason of anything in the said plea alleged, he ought not to be barred from having and maintaining his aforesaid action against him, the said defendant, because he says," etc. Steph. PI. 440. PRECOGNITION. In Scotch practice. Preliminary examination. The investigation of a criminal case, preliminary to committing thft accused for trial. 2 Alis. Crim. Pr. 134.

PRECOGNOSCE. In Scotch practice. To examine beforehand. Arkley, 232. PRECONIZATION. Proclamation. PRECONTRACT. A contract or en gagement made by a person, which is of such a nature as to preclude him from lawfully entering into another contract of the same nature. See 1 Bish. Mar. & Div. §§ 112, 272. PREDECESSOR. One who goes or has gone before; the correlative of "successor." Applied to a body politic or corporate, in the same sense at "ancestor" is applied to a nat ural person. In Scotch law. An ancestor. 1 Kames, Eq. 371. PREDIAL SERVITUDE. A real or predial servitude is a charge laid on an estate for the use and utility of another estate be longing to another owner. Civil Code La. art. 647. See PRJEDIAL SEBYITUDK. PREDICATE. In logic. That which is said concerning the subject in a logical prop osition; as, "The law is the perfection of common sense." "Perfection of common sense," being affirmed concerning the law, (the subject,) is the predicate or thing predi cated. Wharton. PREDOMINANT. This term, in its natural and ordinary signification, is under stood to be something greater or superior in power and influence to others, with which it is connected or compared. So understood, a "predominant motive," when several mo tives may have operated, is one of greater force and effect, in producing the given re sult^ than any other motive. 22 Pick. 53. PREFECT. In French law. The name given to the public functionary who is charged in chief with the administration of the laws, in each department of the country. Merl. Repert. PREFER. To bring before; to prose cute; to try; to proceed with. Thus, pre ferring an indictment signifies prosecuting or trying an indictment. To give advantage, priority, or privilege; to select for first payment, as to prefer one creditor over others. PREFERENCE. The act of an insolv ent debtor who, in distributing his property or in assigning it for the benefit of his cred itors, pays or secures to one or more cred itors the full amount of their claims or a

Archive CD Books USA