P

French law. An object which is ascertained by law or the agreement of the parties, and which is first to be taken out of property held in common, by one having a right, before a partition takes place. 2. The preciput is an advantage, or a principal part to which some one is entitled, praecipium jus, which is the origin of the word preciput. By preciput is also understood the … [Read more...] about PRECIPUT

pleading. A technical allegation contained in a replication which denies or confesses and avoids the plea. It is usually in the following form; And the said A B, as to the plea of the said C D, by him secondly above pleaded, says, that he the said A B, by reason of any thing by the said C D, in that plea alleged, ought not to be barred from having and maintaining his aforesaid … [Read more...] about PRECLUDI NON

Lat. In pleading. The commencement of a replication to a plea in bar, by which the plaintiff "says that, by reason of anything in the said plea alleged, he ought not to he barred from having and maintaining his aforesaid action against him, the said defendant, because he says" etc. Steph. PI. 440. … [Read more...] about PRECLUDI NON.

Scotch law. The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is ground for a trial, and to serve for direction to the prosecutor. But the persons examined may insist on having their declaration cancelled before the give testimony at the trial. … [Read more...] about PRECOGNITION

In Scotch practice. To examine beforehand. Arkley, 232. … [Read more...] about PRECOGNOSCE