Page:Black's Law Dictionary (Second Edition).djvu/932

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POYNDING

the latter‘s estate entirely and without any subsequent right of redemption See Capron V. Attleborough Bank, 11 Gray ildass.) -193; Appeal of Clark, 70 Conn. 195, 39 Atl. 155.

POYNDING. See POINDING.

POYNING-S‘ ACT. An act of parlia- ment, made in Ireland, (10 Hen. VII. c. 22, A. D. 1495;) so called hecause Sir Edward Poyniugs was lieutenant there when lt was nizide, whereby all general statutes before then made in England were declared of force in Ireland, which, before that time, they were not. 1 Broom K: H. (Jomm. 112.

PRACTICAL. A practical construction of a constitution or Si.,l|ITl.ltB is one determined, not by juiliciai decision, but pi-actice sanctioned by geneial consent. Farmers‘ ‘I Mechanics‘ Bank v. Smith, 3 S - ' & K. (P3,) 69; Bloxhani v. Consumers’ Electric Light. etc, 0)., 36 Fla. 519, 18 South. 444, 29 L. B. A. 507, 51 Am. St. Rep. 44.

PRACTICE. The form or mode of proceeding in couits of justice for the enforcement of rights or the redress of wrongs, as distinguished from the sulistantive law which gives the right or denounces the wrong. The form, manner, or order of instituting and conducting a suit or other judicial proceeding, through its successive stages to its end, in accordance with the rules and pricniples laid down by law or by the regulations and precedents of the courts. The term applies as well to the conduct of criminal actions as to civil suits, to proceedings in eq- uity as well as at Law, and to the defense as well as the [)l'0S(.‘l!l1Ll0!.l of any proceeding. See l.-‘ielschman v. Walker, 91 Ill. 3 pie v. Central Pac. It. Co., 83 Cal. . ' Pac. 303; Kring v. Missouri, 107 U. S. 221. 2 Sup. Ct 4-13, 21 L. Ed. 506; Opp v. Ten Eyck, 99 Ind. 351; Beardsley v. Littell, 14 Blnt(:1il'. 102. Fed. Cas. No. 1,185; Ul.Liu1i Nat. Bank v. Byram, 131 Ill. 92, 22 N. E. 8-12.

It may include pleading, hat is usually employed as excluding both pleading and evidence and to designate all the incidental acts and stems 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 matters of business and ordinary motions for writs of mamimnus, prohihition, etc. It was usually called the "ball 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 court of session, as evidence of the practice or custom of the country. Bell.

924

PRHEDIA

PRACTITIONER. He who is eng. in the exercise or employment of any art or profession.

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PR}!-ICEPTORES. Lat. Masters. The chief clerks in chancery were formerly so called, heciiuse they had the direction or Illllli lng out remedial writs. 2 Reeve, Eng. Law, 251.

PBECEPTORIES. In feudal law. A kind of benelices. so called because they were possessed by the more eminent teinplnn whom the chief master by his autliuriw created and called "[’7‘(.£‘DL'f?lu1'e8 Templi."

PILZECIPE. Lot. In practice. An orig lnai writ, drawn up in the zilleinative. cunt manding the defendant to do the thing ri- quired, or show the reason why he had not done it. 3 Bl. Comm. 274.

Also an order, written out and signed, addressed to the clerk of a court, and request ing him to issue a particular writ —Px-secipe in capite, when one of thii king's immediate tenants in capiie was defau- ed. his writ of right was called a win: of "preclpe in mzpi'te."—P1-neeipa quad reddat. Command that he render. A wiit directing the defendant to restore the possession of land, employed at the heginning of a common recovery.—Prseeipe quad tenant oonventioiiem. The writ which commenced the action of co - uant in fines. Whlth are abolished by 3 & 4 “’m. IV. c. 74.—Pr-secipe, tenant to the. A person having an estate of freehold in 1H_- aession. against whom the prwcipe was_ iii-oiigut by a tenant in tail, seeking to bar his estate by a recovery.

PRECIPITIUM. The punishment of casting headlong from some high place.

PRZECIPUT CONVENTIONNEL. In French law. Under the réyinie cn (7OI7l"lIUl/- aute, when that is of the conventional kind, it the surviving husband or wife is entitled to take any portion of the common properw by a paramount titie and before partition thereof, this right ls called by the somewhat harharous title of the conventional "priz- ciput," from “pra»:," before, and "cupere." to take. Brown.

PIUECO. A bet- ald or crier.

Lot. In Roman law.

PRZECOGNITA. Things to be pre\lously known in order to the understanding of something which follows. Wharton.

PRZEDIA. In the Civil law. tates; tenements; properties. UM.

—Pr-sedin bellicn. Booty. Property seized in war.—P1-seilia stipendlarin. in the civil law. Provincial lands heloiiging to the people. —P1-sedia. tr-ilmtarin. In the civil law, Pro- vincial lands hploiiging to the peror.—Pra- din. vnlantia. In the duchy of Brabrint, certain things movable, such as beds, tables, and other heavy articles of furniture, were ranked

Lands; es-

See l’iu-:ni-