practice

a "`practice' in connection with the fixing of rates to be charged and prescribing of service to be rendered by the carriers." Id., at 257 , 51 S.Ct. 458 .

The form, manner, and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according to the principles of law and the rules laid down by the respective courts.

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

The course of procedure in courts; th6 form of conducting suits, actions and other judicial proceedings.

In a general sense, practice includes pleading, though it is usually distinguished.

In English law. Practice court: a court attached to the Queen's Bench, and presided over by one of the judges of that\ court, in which points of practice and pleading are discussed and decided. Otherwise called Bail court

The rules adopted by a court to facilitate the transaction of business before it in a proper and orderly manner.^ Sometimes these rules are printed, and called "rules of practice;" sometimeg^ey are embodied in statutes, but perhaps as frequently they are unwritten.

In the larger sense, the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or declares the right. Sometimes convertible with " procedure."* The procedure in a court of justice, through the various stages of any matter, civil or criminal, depending before it. Rules of pleading tell what is the most efficient form to adopt in shaping pleadings. Bules of practice tell in what manner pleadings should be brought under the notice of the court, and what steps should be taken to obtain the benefit of them.'' Compare Procedure. See Error, 1, Commimis, etc.; Tkchnicalities; Usds, Mains, etc. FB,M. See Pre.

Thie course of a business; customs of an office; routine of performing duties or exercising functions; hence, particularly, the form, manner, and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according to the principles of law and the rules laid down by the respective courts. Bouvier; Burrill; Wharton. It may include pleading; but is usually employed as excluding both pleading and evidence, and to designate all the incidental acts and steps in the course of bringing matters pleaded to trial and proof, and procuring and enforcing judgment on them. Practice is the procedure in a, court of justice, through the various stages of any matter, civil or criminal, depending before it. Rules of pleading are distinguished from rules of practice, in that the former tell what is the most efficient form to adopt in shaping the pleadings; the latter tell in what manner the pleadings should be brought under the notice of the court, and what steps should be taken to obtain the benefit of them. Hunt Eq. (Qth. ei.) 2,Z. And see ^AUen v. Sraillie, 1 Abb. Pr. 354. Practice court. The name of a court attached to the court of king's (or queen's) bench, and presided over by one of the judges of that court, for the decision of points of practice and pleading. After the appointment of an additional judge to the court, under the authority of Stat. 11 Geo. IV. & 1 Wm. lY. ch. 70, § 11, which took place in Michaelmas term, 1830, Lord Tenterden, then the lord chief justice, informed the bar that, in addition to the powers already exercised by one judge, sitting apart from the others, in the bail court (or court in which the sufi Sciency of parties as bail, and other minor matters, are ascertained), all matters of practice would, for the future, be determined there. It thereafter became usual to move in this court, in certain cases, for new trials, and, in ordinary cases, for writs of mandamus and of prohibition, in addition to mere points of practice. If any doubt arises in the mind of the presiding judge as to any question brought before him, he refers the party to the full court, before which indeed cause, on rules nisi, is generally shown; but the preside for the spao; of a terra. This court though frequently and properly termed the "practice court of the queen's bench," is now generally called, from its origin, the bail court. Brawn.

The torm, manner and order of conducting and carrying on suits or prosecutions in the courts throuch their various stages, according to the principles of law, and the rules laid down by the respective courts. By practice is also meant the business which an attorney or counsellor does; as, A B has a good practice. The books on practice are very numcrous; among the most popular are those of Tidd, Chitty, Archbold, Sellon, Graham, Dunlap, Caines, Troubat & Haly, Blake, Impey.