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PRAESCRIPTIONES

Latin: In Roman law. Forms of words (of a qualifying character) inserted in the formula; in which the claims in actions were expressed; and, as they occupied an early place in the formula, they were called by this name, i.e., qualifications preceding the claim. For example, in an action to recover the arrears of an annuity, the claim was preceded by the words “so far as the annuity is due and unpaid,” or words to the like effect, (“cujus rei dies fuit”) Brown. Prsesentare nihil aliud est qnam prse sto dare sen offere. To present is no more than to give or offer on the spot Co. Litt 120. Prsesentia corporis tollit errorem no minis; et Veritas nominis tollit errorem demonstrationis. The presence of the body cures error in the name; the truth of the name cures an error of description. Broom, Max. 637, 639, 640.

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