KFLCC Kingdom Law 2nd Ed.

928

PREBEND

PRECEPT

PREBEND. ecclesiastical law. A stipend granted in cathedral church es; also, but improperly, a prebendary. A simple prebend is merely a revenue; a pre bend with dignity has some jurisdiction at tached to it. The term "prebend" is general ly confounded with "canonicate;" but there is a difference between them. The former is the stipend granted to an ecclesiastic in consideration of his officiating and serving in the church; whereas the canonicate is a mere title or spiritual quality which may exist independently of any stipend. 2 Steph. Comm. 674, note. 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. 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. Liable to be returned or rendered up at the mere demand or re quest of another; hence held or retained only on sufferance or by permission; and by an extension of meaning, doubtful, uncertain, dangerous, very liable to break, fail, or ter minate. —Precarious circumstances. The circum stances of an executor are precarious, within the meaning and intent of a statute, only when his character and conduct present such evi dence of improvidence or recklessnss in the management of the trust-estate, or of his own, as in the opinion of prudent and discreet men endangers its security. Shields v. Shields, 60 Barb. (N. Y.) 56.—Precarious loan. A bail ment 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.—Precari ous possession. In modern civil law, posses sion is called "precarious" which one enjoys by the leave of another and during his pleas ure. Civ. Code La. 1900, art. 3556.—Precari ous right. The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke it Precarious trade. In international 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 civil law. 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. Having the nature of prayer, request, or entreaty; conveying or embodying a recommendation or advice or In English PREBENDARY. PRECARIZE, or PRECES. PRECARIOUS. PRECATORY.

the expression of a wish, but not a positive command or direction. —Precatory trust. A trust created by cer tain words, which are more like words of en treaty and permission than of command or ceiv tainty. Examples of such words, which the courts have held sufficient to constitute a trust, are "wish and request," "have fullest confi dence," "heartily beseech," and the like. Ra palje & Lawrence. See Hunt v. Hunt, 18 Wash. 14, 50 Pac. 578; Bohon v. Barrett, 79 Ky. 378; Aldrich v. Aldrich, 172 Mass. 101, 51 N. E. 449.—Precatory words. Words of entreaty, request, desire, wish, or recom mendation, employed in wills, as distinguished from direct and imperative terms. 1 Williams, Ex'rs, 88, 89, and note. And see Pratt v. Miller, 23 Neb. 496, 37 N. W. 263; Pratt v. Pratt Hospital, 88 Md. 610, 42 Atl. 51. PRECEDENCE, or PRECEDENCY. The act or state of going before; adjustment of place. —Precedence, patent of. In English law. A grant from the crown to such barristers as it thinks proper to honor with that mark of dis tinction, whereby they are entitled to such rank and preaudience as are assigned in their respec tive patents. 3 Steph. Comm. 274. PRECEDENT. An adjudged case or de cision of a court of justice, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law. A draught of a conveyance, settlement, will, pleading, bill, or other legal instrument, which is considered worthy to serve as a pattern for future instruments of the same nature. Such as must happen or be performed before an es tate can vest or be enlarged. See CONDITION PBECEDENT. Si lent uniform course of practice, uninter rupted though not supported by legal de cisions. See Calton v. Bragg, 15 East, 226; Thompson v. Musser, 1 Dall. 464, 1 L. Ed. 222. PRECEDENT CONDITION. PRECEDENTS SUB SILENTIO.

Precedents that pass sub silentio are of little or, no authority. 16 Yin. 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 pro cesses in criminal as well as civil proceedings. Adams T. Vose, 1 Gray (Mass.) 51, 58. "Precept" means a commandment in writ ing, sent out by a justice of the peace or