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Praecipe
PraecipePraecipe or precipe. Practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same. RELATED TERMS-------------------------------------- Praecipe Praecipe or precipe. Practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same. Precipe Precipe or parecipe. Practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same. Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Instructions 1) Practice. The statements of a cause of action, given by a client to his attorney, and which, where such is the practice, are sent to his pleader to put into legal form of a declaration. 2) Common law, Contracts. Orders given by a principal to his agent in relation to the business of his agency. Attorney A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice. Plaintiff The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner. Clerk 1) Commerce, contract. A person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. 2) Ecclesiastical law. Every individual, who is attached to the ecclesiastical state, and who has submitted to the ceremony of the tonsure, is a clerk. 3) A person employed in an office, public or private, for keeping records or accounts. His business is to write or register, in proper form, the transactions of the tribunal or body to which he belongs. Some clerks, however, have little or no writing to do in their offices, as, the clerk of the market, whose duties are confined chiefly to superintending the markets. Prothonotary The title given to an officer who officiates as principal clerk of some courts. Court A body in government to which the administration of justice is delegated. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). SIMILAR TERMS-------------------------------------- Praeda bellica Lat. Booty; property seized in war. Praedial That which arises immediately from the ground; as, grain of all sorts, hay, wood, fruits, herbs, and the like. Praedium dominans Civil law. The name given to an estate to which a servitude is due; it is called the ruling estate. Praedium rusticum Civil law. By this is understood all heritages whicb are not destined for the use of man's habitation; such, for example, as lands, meadows, orchards, gardens, woods, even though they should be within the boundaries of a city. Praedium serviens Civil law. The name of an estate which suffers or yields a service to another estate. Praedium urbanum Civil law. By this term is understood buildings and edifices intended for the habitation and use of man, whether they be built in cities or whether they be constructed in the country. Praefectus vigilum Roman civil law. The chief officer of the night watch. His jurisdiction extended to certain offences affecting the public peace; and even to larcenies. But he could inflict only slight punishments. Praemunire In older to prevent the pope from assuming the supremacy in granting ecclesiastical livings, a number of statutes were made in England during the reigns of Edward I., and his successors, punishing certain acts of submission to the papal authority, therein mentioned. In the writ for the execution of these statutes, the words praemunire facias, being used, to command a citation of the party, gave not only to the writ, but to the offence itself, of maintaining the papal power, the name of praemunire. Praetor Roman civil law. A municipal officer of Rome, so called because, (praeiret populo,) he went before or took precedence of the people. The consuls were at first called praetors PREVIOUS AND NEXT TERMS-------------------------------------- Poursuivant A follower, a pursuer. In the ancient English law, it signified an officer who attended upon the king in his wars, at the council table, exchequer, in his court, &e., to be sent as a messenger. A poursuivant was, therefore, a messenger of the king. Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. Power of the county The male inhabitants of a county, over fifteen years of age, whom the sheriff may command to aid him in preserving the peace, executing process, arresting felons, etc.; the posse comitatus. Poyning's law English law. The name usually given to an act which was passed by a parliament holden in Ireland in the tenth of Henry the Seventh; it enacts that all statutes made in the realm of England before that time should be in force and put in use in the realm of Ireland. Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Praecipe Pręcipe or precipe Latin: used to refer to the actual writ that would be presented to a court clerk to be officially issued on behalf of the court but now mostly refers to the covering letter from the lawyer (or plaintiff) which accompanies and formally asks for the writ to be issued by the court officer. The precipe is kept on the court file, but does not accompany the writ when the latter is served on the defendant. Praeda bellica Lat. Booty; property seized in war. Praedial That which arises immediately from the ground; as, grain of all sorts, hay, wood, fruits, herbs, and the like. Praedium dominans Civil law. The name given to an estate to which a servitude is due; it is called the ruling estate. Praedium rusticum Civil law. By this is understood all heritages whicb are not destined for the use of man's habitation; such, for example, as lands, meadows, orchards, gardens, woods, even though they should be within the boundaries of a city. 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