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Precept

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In English and American law. An order or direction, emanating from authority, 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 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 (Mass.) 51, 58. "Precept" means a commandment in writing, sent out by a justice of the peace or other llke officer, for the bringing of a person or, record before him. Cowell. 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 parllament. 1 Bl. Comm. 178. The direction by the judges or commissioners of assize to the sheriff for the summoning a sufficient number of jurors. 3 Steph. Comm. 516. The direction issued by the clerk of the peace to the overseers of parishes for making out the jury lists. 3 Steph. Comm. 516, note.

In old English criminal law. Instigation to commit a crime. Bract. foL 138b; Cowell.

In Scotch law. An order, mandate, or warrant to do some act. The precept of seisin was the order of a superior to his bailie, to give infeftment of certain lands to his vassal. Bell.

In old French law. A kind of letters Issued by the king in subversion of the laws, being orders to the judges to do or tolerate things contrary to law.

Precept of clare constat. A deed in the Scotch law by which a superior acknowledges the title of the heir of a deceased vassal to succeed to the lands.