Practice

The form, manner, and order of conducting and carrying on suits or law and the rules laid down by the respec- 1 PRAECIPE IN CAPITE. A writ out of tive courts. In its ordinary meaning it is to chancery for a tenant holding of the crown be distinguished from the pleadings. The in capite, viz., in chief. Magna Char. c. 24. term applies to a distinct part of the pro- PR/ECIPE QUOD REDDAT (Lat.). Comceedings of the court.

10 Jur. N. S. 457.

In mand him to return. An original writ, of a popular sense, the business which an at- which prweipe is the first word, commanding torney or counsellor does: as> A B has a good the person to whom it is directed to do a practice. thing or to show cause why he has not done A settled, uniform, and long-continued prac- it.

3 Bla. Com. 274; Old N. B. 13.

It is as tice, without objection, is evidence of what well applied to a writ of right as to other the law is; and such practice is based on writs of entry and possession. principles which are founded in justice and convenience; 2 Russ. 19, 570; 2 Jao. 292; 1 PRAECIPE QUOD TENEAT CONVENTIO- Y. & J. 167, 168; 2 C. & M. 55; Ram, Judgm.

NS M

The writ which commenced the acc. 7. tion of covenant in fines, which are abolish- With respect to criminal practice, it has ed by 3 & 4 Wm. IV. c. 74. been remarked by a learned judge that even PR/ECIPITIUIYI. The punishment of castwhere the course of practice in criminal law ing headlong from some high place. has been unfavorable to parties accused, and PR/ECIPUT CON VENTIONN EL. In entirely contrary to the most obvious princi- French Law. Under the regime en cominunples of justice and humanity, as well as autC\ when that is of the conventional kind, those of law, it has been held that such prac- if the survivor of husband and wife is entitice constituted the law, and could not be tled to take any portion of the common altered without the authority of parliament. property by a paramount title and before Per Maule, J., Scott, N. C. 599. partition thereof, this right is called by the