Page:Black's Law Dictionary (Second Edition).djvu/936

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PREBEND

PREBEND. In English ecclesiastical law. A stipend granted in cathedral churches; also, but improperly, a prebendary. A simple prebend is merely a revenue; a prebend with dignity has some jui-isdiction attached to it. The term "preliend" is generally confounded with “canonlcate;" but there is a difference between them. The former is the stipend granted to an ecclesiastic in (.'0IlS1(ie1:1i'.i0l1 of his oliiciating and serving in the church; whereas the canoulciite is a mere title or spiritual quality which i.n.iy exist independently of any stipend. 2 Steph. Comm. 674, note.

PREBENDARY. An ecclesiastical person serving on the stud’ of a cathedral, and receiving a stzitcd nliow-ince or stipend from the income or endowment of the caI.hedra.l, in compensation for his services.

PRECARIE, or PRECES. Day-works which the tenants of certain manors were bound to giie their lords i.n hariest time. Mugmi. prcoariiz was a great or general reaping day. Cowell.

PRECARIOUS. Liable to be returned or rendered up at the mere demand or re- quest of another; hence held or retained only on su1‘1'ernnce or by permission: and by an extension of meaning, douhttul. uncertain, dangerous, very liable to break, mil, or termiriate.

—P1-eon:-ions circumstances. The circum- stanres of an E.\’(-'(.‘lltUl‘ are pI'('C'll1'i0ll.9, within the meaning and intent of a statute. only when his character and conduct present such evi- dence of improvidence or recklessness in the management of the trust-estate, of of his own, as in the opinion of prudent and discneet IDPIJ endangers its security. Sliirlds v. Shields. 60 Barb. (N. Y.) 5|i.—Preca.i-lous loan. A h-iiiment by way of loan which is not to continue for any fixed time, but may be recalled at the more will and piezisure of the leniler.—Pi;-eoai-ion: possession. In modern civil law. possession is called "prcclirious" which one enjoys hy the icave of another and during his pleas- ure. Civ. Code La. 1900. art. 35-)U.—Preca.z-l- on: right. l‘he riglit which the owner of a thin transfers to another, to enjoy the some uriti it shall please the owner to reiuke it_—- Preoax-ions trade. In inter-i.i'ition:il law. Such trade as may be ciiiiied on by a neutral between two b('ili.‘ZEl'PI]" powers by the mere lufierance of the latter

PRECARIIIM. Lat. In the civil law. A comerition whereby one aiiows another the use of a thing or the exercise of a right gratuitously till revocation. The baiiee acquires thereby the lawful possession of the thing, except in certain cases The bnilor can redem ind the tiilng at iiny time, even siinuid he have allowed it to the ballee for a designated period. Mackeid. Rom. Law. § 4-17.

PRECATOBY. Having the nature of prayer. request or entrcaty; conic-ring or embodying I1 recommendation or advice or

928

PRECEPT

the expression of a wish, but not a positive command or direction. —_Px-eeatury trust. A trust created by certain words, which are more like words of entrinty and permission than of command or cei\ tainty. Exrunpies of such words, wbich the courts have hcid sufficient to constitute a trust, are “iris-li and request." "have fullest confi- dence," “heartily beseech,” nnd the l. loi- palje & Lawrence. See Hunt v. unt, 8 Wash. 14, _50 Pac. 578; Bohon v. 79 I\'y. 373; Aldrich v. Aldrich, 172 3 101, 51 N. E. 4-1‘.i.—Preca.tory words. War of entreaty, request, do ' , wish, or r uni- niendation, employed in wiils, as dllsiin%ad from direct and imperative terms. 1 \\ nun, Ex’rs, SS, And see l’i-nit v.

" _ _ W. 263: Pratt V. Pratt Hospital, 88 .\Id. 610, 42 Atl. 51.

PIREGEDENCE, or PRECEDENCY.

The act or state of going betore; ndjustiiiezit of place. —P1-eeedence, patent oi’. In En-giish Iiiw. A grant from the crown to such barristers iisit thinks pro er to bonor viitli that mark of Ilstiiiction. W ierehy they are entitled to such rank and preiiudience us are assigned in their respective patcnts. 3 Steph. Comm. 274.

PRECEDENT. An adjudged case or decision of a conrt of justice. considered as furnishing an example or authority for an identical or similar case afterivards arising or I]. simliar qnestion of law.

A driiiight of a conveyance, settlement, wili, pleading, blii, or other legiil instrument, which is considered worthy to serve as ll pattern for future instruments of the same nature.

PRECEDENT CONDITION. such in must happen or be performed before an estate can vest or be enlarged. See CONDITION PRECEDENT.

PRECEDENTS SUB SILENTIO. Sllent uniform course of practice, uninterrupted though not supported by le-'i decisions. See Calton v. Bragg, 15 East. 2.16; Thompson v. Musser, 1 Dali. 464, 1 L. Ed. 222.

Precedent: that pass nah nilentin are of little or no authority. 16 Vin. Abl‘. 493.

PRECEPARTIUM. The Continuance of ii. suit by consent of both parties. Ooweli.

PRECEPT. In English and American law. An order or direction, emanating from niitilority, 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_civ-il proceedings, and is not of a more restricted meaning this “process.” It includes wsrrsnts and processes in crimirml as well as civ-ii proceedings. Adams v. Vose, 1 Gray (Mass) 51, 5&

“Precept" means a commandment l.n writing, sent out by a justice of the peace or