Precludi Non

Precludi Non

Scottish Law: Precludi Non in the Past

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 secondly above pleaded, says, that he the said A B, by reason of any thing by the said C D, in that plea alleged, ought not to be barred from having and maintaining his aforesaid action tof this against the said C D, because he says that,” etc. 2 Wils. 42; 1 Chit. Pl. 573. PRECOGNITION, Scotch law. There is further information on this topic in this legal reference. The examination of witnesses who were present at the commission of a criminal (see more about this popular legal topic in the U.K. encyclopedia) 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 prosecutor. But the people examined may insist on having their declaration cancelled before thev give testimony at the trial. Ersk. Princ. B. 4, t. 4, n. 49. [1][rtbs name=”scottish-law”]

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Notes and References

  1. Partialy, this information about precludi non is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including precludi non.

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