Precept
Defined in 6 dictionaries — Ballentine's (1916), Black's (1910), Kinney (1893), Anderson (1889), Stimson (1881), Abbott (1879)
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
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.
A Law Dictionary and Glossary
George C. Kinney · 1893
A command in writing; a species of writ or process.
In American law. A process under seal, issued by a prosecuting attorney, commanding the sheriff to summon a jury, etc.; a process in the nature of an attachment against a person.
In English law. A process issued by a justice of the peace, or other like officer, for the bringing of a person or records before him; a direction sent by the sheriff, under seal, to the proper ofl Scers of cities and boroughs, commanding them to elect their members to parliament In old English law. Instigation or commandment to commit a crime. In Scots lata. An order, mandate or warrant to do some act
A Dictionary of Law
William C. Anderson · 1889
A command or mandate in writing. Of equal import with writ or process.-' See Precipe.
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Frederic Jesup Stimson · 1881
An order; a written direction in minor process to a sheriif or other officer; a precept of a justice of the peace for the bringing of a person or records before him.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
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.