PRECIPUT, French law. An object which is ascertained¹ by law or the agreement of the parties, and which is first to be taken out of property held in common, by one having a right, before a partition takes place.

2. The preciput is an advantage, or a principal part to which some one is entitled, praecipium jus, which is the origin of the word preciput. Dict. de Jur. h. t.; Poth. h. t. By preciput is also understood the right to sue out the preciput.

PRECLUDI NON, pleading. A technical allegation contained in a replication which denies or confesses and avoids the plea. It is usually in the following form; "And the said A B, as to the plea of the said C D, by him secondly² above pleaded, says, that he the said A B, by reason of any thing by the said C D, in that plea alleged³, ought not to be barred from having and maintaining his aforesaid action thereof against the said C D, because he says that," &c. 2 Wils. 42; 1 Chit. Pl. 573.

PRECOGNITION, Scotch⁴ law. The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is ground for a trial, and to serve for direction to the prosecutor⁵. But the persons examined may insist on having their declaration cancelled before thev give testimony⁶ at the trial. Ersk. Princ. B. 4, t. 4, n. 49.

PRECONTRACT. An engagement entered into by a person, which renders him unable to enter into another; as a promise or covenant⁷ of marriage to be had afterwards. When made per verba de presenti, it is in fact a marriage, and in that case the party making it cannot marry another person.

PREDECESSOR⁸. One who has preceded another.

2. This term is applied⁹ in particular to corporators who are now no longer such, and whose rights have been vested in their successor; the word ancestor is more usually applicable to common persons. The predecessor in a corporation stands in the same relation to the successor, that the ancestor does to the heir.

3. The term predecessor is also used to designate one who has filled an office or station before the present incumbent¹⁰.