Precipe
Defined in 4 dictionaries — Ballentine's (1916), Black's (1910), Anderson (1889), Abbott (1879)
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Dictionary of Law
William C. Anderson · 1889
Command. ]. An original writ in the alternative, commanding the defendant to do the thing required or to show cause why he has not done it. Abridged from prcecipe quod reddat, command that he return. The writ issued where something ' People V. Brown, 3 Utah, 465 (1879)i •■'Wdoters v. International, &o. R. Co., 54 Tex. 300 (1881). » Farmers', &c. Bank v. Smith, 8 S. & R. 69 (1817). * Hubbell V. Mo Culloch, 47 Barb. 394 (1860). » [Butler V. Young, 1 Hip. 279 (1872), Sherman, J.; Bowlies V. Brier, 87 Ind. 395 (1882). "Payson v. Minors, L. R., 7 Q. B. D. 333 (1881), Lush, certain was demanded, incumbelit upon the defendant to perf oi-m. ' 3. A paper containing the particulars of a writ, for the instruction of the ofl Scer who is to issue it. Spelled also precipe. See Precept. PR-ffilMIUM. L. Profit; consideration; price. " Premium " (g. v.) is the Anglicized word. Prsemium pudieitisB. Price of chastity. Compensation for illicit iutercour,se. Sometimes termed prsemium pudoris, pay for shame, or disgrace. •An agreement, or security given, for future illicit intercourse, is incapable of Confirmation, or enforcement.' PR.a!MUNIRE. L. A corruption of prce-moneri, to fore-warn. The offense, affecting the king and his government, of maintaining the papal power — of introducing a foreign power into the realm, and creating imperium in imperio, by paying that obedience to papal process which belongs to the king alone.3 Statutes of this name were meant to repress the civil power of the pope. Prcemunire [facias), originally the emphatic word in the writ for prosecuting the offense, became the name of the writ and of the offense itself.' The same penalties were subsequently applied to other offenses.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
Command. A paper containing the particulars of a writ, filed in the office out of which the writ is to be issued, as the direction and instructions to the officer who issues the writ. The term was also used, by abbreviation from prcecipe quod reddat, as the name of an original writ in the alternative, commanding the defendant to do the thing required, or show the reason why he has not done it, drawn up in the form of a prcecipe, or command, to do something, or show cause to the contrary, giving the defendant his choice to redress the injury or stand the suit. Prcecipe signifies an original writ in the alternative, commanding the defendant to do the thing required, or to show his reason for not doing it. This writ was used when something certain was demanded by the plaintifiE which it was incumbent on the defendant himself to perform; as to restore the possession of land, to pay a certain liquidated debt, to perform a specific covenant, and the like. The word prcecipe is now commonly used for a sort of abstract of a writ of summons, or capias, which is made out on a s Up of paper, and delivered to the signer of the writs, at the time of issuing them, and from which abstract or memorandum that officer makes his entry in the book kept for that purpose. Brawn. Praecipe in capite. When one of the king's immediate tenants in capite was deforced, his writ of right was called a writ of prcecipe in capite. Brown. Praecipe quod reddat. Command that he render. The emphatic words of an original writ, in common-law practice, commanding the person named to do a certain thing, or to show cause why he has not done it. The phrase is taken for a name of the writ; or, more frequently, the writ was simply termed a prcecipe, q. v. PR^DICTUS. Aforesaid. Frequently abbreviated to prced., ovprcedict. Of the three words, idem, prcedictus, and prcefalus, — all corresponding with the English said and aforesaid, — idem tsnants, places, towns, or lands; and prmfatus to persons named, not being actors or parties. (Towns. PL 15.) Burrill.