| 释义 |
‖ præcipe Law.|ˈpriːsɪpiː|
Also 5 pricipe, presepe, 6–8 precipe.
[L. præcipe, imper. of præcipĕre to admonish, enjoin (see precept). Used as a n. from the opening word or words of the writ, præcipe quod reddat, enjoin (him) that he render.]
1. (More fully præcipe quod reddat.) A writ requiring something to be done, or demanding a reason for its non-performance. præcipe in capite: see quots. 1535, 1607.
[1215Magna Carta c. 34 Breue quod vocatur precipe de cetero non fiat alicui de aliquo tenemento unde liber homo possit amittere curiam suam.] a1500transl. in Arnolde Chron. (1811) 219 A wrytte whiche is called pricipe from hensforth shall not be made too any man of ani freeholde wherthrugh a free man lese his courte. 14..MS. Lincoln A. 1. 17 lf. 48 (Halliw.) Standis on bakke, For here es comene a presepe, swyche menne to take. 1535tr. Natura Breuium (1544) 15 This wrytte of ryghte, Precipe in capite, lyeth for the tenaunt whiche holdeth of the kynge in chefe, as of his crowne, whiche tenaunte is deforced. 1598Kitchin Courts Leet (1675) 139 Plaint of a Croft is good, but Precipe of a Croft is not good. 1607Cowell Interpr., Præcipe quod reddat, is a writt of great diuersitie..it is called sometime a writ of Right close, as a præcipe in capite, when it issueth out of the court of common plees for a tenent holding of the King in cheife, as of his Crowne, and not of the King, as of any honour, castell or maner. 1623T. Powell Attorn. Acad. 125 First draw the Precipe in sheetes of Paper, and Engrosse the Concord in Parchment. 1642tr. Perkins' Prof. Bk. v. §381 (1657) 142 If in a præcipe brought against the Husband, he plead misnosmer. 1658tr. Coke's Rep. iii. 6 a, Those, against whom the precipe is brought, are lawful tenants to the precipe. 1768Blackstone Comm. III. xviii. 274 The præcipe is in the alternative, commanding the defendant to do the thing required, or shew the reason where⁓fore he hath not done it. 1895Pollock & Maitland Eng. Law II. ii. iv. §2. 63 The simple writ of Praecipe quod reddat, which is the commencement of a proprietory action that is to take place from the first in the king's court.
2. A note containing particulars of a writ which must be filed with the officer of the Court from which the writ issues, by the party asking for the writ, or by his solicitor.
1848in Wharton Law Dict.
attrib.1837Dickens Pickw. xx, Mr. Fogg, where is the præcipe book? |