Preciput

In 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. 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, Dalloz; Poth. Obi. By preciput is also understood the right to sue out the preciput. PRECLUDl NON (Lat.) In 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 anything by the said C. D. in that plea alleged, ought not to be barred from having and maintaining his aforesaid action thereof against the said C. D., because he says that," etc, 2 Wils, 42; 1 Chit. PI.

573,