KFLCC Kingdom Law 2nd Ed.

924

POYNDING

PRJEDIA

the latter's estate entirely and without any subsequent right of redemption. See Capron v. Attleborough Bank, 11 Gray (Mass.) 493; Appeal of Clark, 70 Conn. 195, 39 AU. 155.

PRACTITIONER. He who is engaged in the exercise or employment of any art or profession. PRJECEPTORES. Lat Masters. The chief clerks in chancery were formerly so called, because they had the direction of mak ing out remedial writs. 2 Reeve, Ehg. Law, 251. PR^BCEPTORIES. 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 "Prceceptores Templi." PRECIPE. Lat In practice. An orig inal writ drawn up in the alternative, com manding the defendant to do the thing re quired, 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. —Praecipe in capite. When one of the king's immediate tenants in capite was deforc ed, his writ of right was called a writ of "prae cipe in captte."— Praecipe quod reddat. Command that he render. A writ directing the defendant to restore the possession of land, employed at the beginning of a common recov ery.—Praecipe quod teneat conventionem. The writ which commenced the action of cove nant in fines, which are abolished by 3 & 4 Wm. IV. c. 74.—Praecipe, tenant to the. A person having an estate of freehold in pos session, against whom the prcectpe was brought by a tenant in tail, seeking to bar his estate by a recovery. In French law. Under the regime en commun aut6, when that is of the conventional kind, if the surviving husband or wife is entitled to take any portion of the common property by a paramount title and before partition thereof, this right is called by the somewhat barbarous title of the conventional "prce ciput," from "prw," before, and "capere," to take. Brown. PRJBCO. Lat In Roman law. A her ald or crier. PR^COGNITA. Things to be previous ly known in order to the understanding of something which follows. Wharton. PR-ffiDIA. In the civil law. Lands; es tates; tenements; properties. See PB^IDI XJU. —Praedia bellica. Booty. Property seized in war.—Praedia stipendiaries In the civil law. Provincial lands belonging to the people. —Praedia tributaria. In the civil law. Pro vincial lands belonging to the emperor.—Prae dia volantia. In the duchy of Brabant, cer tain things movable, such as beds, tables, and other heavy articles of furniture, were ranked PR2ECIPITIUM. The punishment of casting headlong from some high place. PR.SJCIPUT CONVENTIONNEL.

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. Farmers' & Mechanics' Bank v. Smith, 3 Serg. & R. (Pa.) 69; Bloxham v. Consumers' Electric Light, etc., Co., 36 Fla. 519, 18 South. 444, 29 L. R, A. 507, 51 Am. St Rep. 44. 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 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. See Fleischman v. Walker, 91 111. 321; Peo ple v. Central Pac. R. Co., 83 Cal. 393, 23 Pac. 303; Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct 443, 27 L. Ed. 506; Opp v. Ten Eyck, 99 Ind. 351; Beardsley v. Littell, 14 Blatchf. 102, Fed. Cas. No. 1,185; Union Nat Bank v. Byram, 131 111. 92, 22 N. E. 842. It may include pleading, but is usually em ployed 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. PRACTICE COURT. In English law. A court attached to the court of king's bench, which heard and determined common mat ters 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 deci sions of the courrp of session, as evidence of the practice or custom of the country. BelL