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Precept

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

A process or warrant. Precept is not to be confined to civil proceedings, and is not of a more restricted meaning than " process." It includes warrants and processes in criminal as well as civil proceedings.

Adams v. Vose, 1 Gray, 51, 58.

Precept means a commandment in writing, sent out by a justice of the peace or other like officer, for the bringing of a person or record before him. Cawel. The direction formerly issued by a sheriff to the proper returning officers of cities and boroughs within his jurisdiction for the election of members to serve in parliament.

1 Bl Com. 178.

The direction by the judges or commissioners of assise to the slieriff for the summoning a sufficient number of jurors. 3 Steph. Com. 516; Lush Pr. 542, 543; Kerr Act. Law. The direction issued by the clerk of the peace to the overseers of parishes for making out the jury lists.

3 Steph. Com. 516, note.

Precept of clare constat. A deed in the Scotch law by which a superior acknowledges the title of the heir of a deceaeed vassal to succeed to the lands. ( Wm. Bell; Paterson.) Now, by Stat. 37 & 38 Vict. ch. 94, § 9, a personal right to every estate in land descendible to heirs shall, without service or other procedure, vest or be held to have vested in the heir entitled to succeed thereto, by his survivance of the person to whom he is entitled to succeed. Brown. Precept of sasine. A " precept of sasine," in the Scotch law, is the order of a tain lands to his vassal. The present form of the precept of sasine is prescribed by Stat. 8 & 9 Vict. ch. 35, § 5, and schedule A. That form is as follows: "Moreover, I desire any notary-public to whom these presents may be presented, to give to the said A B, or his foresaids, sasine [or life-rent sasine, or sasine in life-rent and fee respectively, as the ease may be] of the lands and others above disponed " [here are to be added any incumbrances to which the lands are liable].

Brmim.