英文法律词典 P-89

PRAGMATIC SANCTION, French law. This expression is used to designate those ordinances¹ which concern the most important object of the civil or ecclesiastical administration. Merl. Repert, h. t.; 1 Fournel, Hist. des Avocats, 24, 38, 39. 2. In the civil law, the answer given by the emperors on questions of law, when consulted by a corporation or the citizens of a province, or of a, municipality, was called a pragmatic sanction. Lecons El. du Dr. Civ. Rom. 53. This differed from a rescript. (q. v.)

PRAYER, chanc. pleadings. That part of a bill which asks for relief.

2. The skill of the solicitor² is to be exercised in framing this part of the bill. An accurate specification³ of the matters to be decreed in complicated cases, requires great discernment and experience; Coop. Eq. Pl. 13; it is varied⁴ as the case is made out, concluding always with a prayer of general relief, at the discretion⁵ of the court. Mitf. Pl. 45.

PRAYER OF PROCESS, chanc. plead. That part of a bill which prays that the defendant⁶ be compelled to appear and answer the bill, and abide⁷ the determination of the court on the subject, is called prayer of process. This prayer must contain the name's of all Persons who are intended to be made parties. Coop. Eq. Pl. 16; Story, Eq. Pl. 44.

PRAYER FOR RELIEF, chan. pleading. This is the name of that part of the bill, which, as the phrase imports, prays for relief. This prayer is either general or special but the general course is for the plaintiff to make a special prayer for particular relief to which he thinks himself entitled, and then to conclude with a prayer of general relief at the discretion of the court. Story, Eq. Pl. 40; 4 Bouv. Inst. n. 4174-6.

PREAMBLE⁸. A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles⁹ are also frequently put in contracts to, explain the motives¹⁰ of the contracting parties,

2. A preamble is said to be the key of a statute¹¹, to open the minds of the makers¹² as to the mischiefs¹³ which are to be remedied, and the objects which are to be accomplished¹⁴ by the provisions of the statutes¹⁵. It cannot amount, by implication, to enlarge what is expressly given. 1 Story on Const. B 3, c. 6. How far a preamble is to be considered evidence of the facts it recites, see 4 M. & S. 532; 1 Phil. Ev. 239; 2 Russ. on Cr. 720; and see, generally, Ersk. L. of Scotl. 1, 1, 18; Toull. liv. 3, n. 318; 2 Supp. to Ves. jr. 239; 4 L. R. 55; Barr. on the Stat. 353, 370.