Pr Cipe - Law Dictionary Search Results
Home Dictionary Name: pr cipePr'cipe
Pr'cipe (command), a slip of paper upon which the particulars of a writ are written; it is lodged in the office out of which the required writ is to be issued.A pr'cipe must be filed by the party issuing or his solicitor before a writ of execution is issued, which pr'cipe must contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any, for execution, and the names of those against whom it issued, and must be signed by the party or solicitor issuing it [(English) R.S.C. Ord. XLII., Rule 12]. For forms of such pr'cipes, see ibid., App. G. The goods of the debtor are bound immediately after the application for the pr'cipe, Murgatroyd v. Wright, (1907) 2 KB 333....
Pr'cipe, Tenant to the
Pr'cipe, Tenant to the, a person having an estate of freehold in possession, against whom the pr'cipe was brought by a tenant in tail, seeking to bar his estate by a recovery. If the latter was tenant in tail in possession, it was usual for him to convey a freehold estate to any in different person against whom the pr'cipe was brought. See RECOVERY....
Nonintromittendo, quando breve pr'cipe in capite subdole impetratur
Nonintromittendo, quando breve pr'cipe in capite subdole impetratur, a writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under colour of entitling the king of land, etc., as holding of him in capite, had deceitfully obtained the writ called pr'cipe in capite, any benefit thereof, but to put him to his writ of right, Reg. Brev. 4. Obsolete....
Recovery
Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...
One Hundred Thousand Pounds Clause
One Hundred Thousand Pounds Clause, a clause in the conveyance by the tenant-in-tail to the tenant to the pr'cipe, which provided that if the latter did not pay 100,000l. (or some other sum grossly in excess of the value of the land) on a specified date subsequent to the recovery, the estate of the tenant to the pr'cipe was to be avoided. See 1 Preston's Conveyancing, 109 and 110; and see RECOVERY....
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Ingressu
Ingressu, an abolished writ of entry. It was also called pr'cipe quod reddat, Cowel....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Pascuum
Pascuum, feeding, is wheresoever cattle are fed, of what nature so ever the ground is, and cannot be demanded in a pr'cipe by that name (Co. Litt. 4 b). see PASTURA....
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