(单词翻译:单击)
PRECARIOUS1 RIGHT. The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke2 it.
2. If there is a time fixed3 during which the right may be used it is then vested for that time, and cannot be revoked4 until after its expiration5. Wolff, Inst. 833.
PRECARIUM. The name of a contract among civilians6, by which the owner of a thing at the request of another person, gives him a thing to use as long as the owner shall please. Poth. h. t. n. 87. See Yelv. 172; Cro. Jac. 236; 9 Cowen, 687; Roll. R. 128; Bac. Ab. Bailment7, c; Ersk. Prin. B. 3, t. 1, n. 9; Wolff, Ins. Nat. 333.
2. A tenancy at will is a right of this kind.
PRECATORY WORDS. Expressions in a will praying or requesting that a thing shall be done.
2. Although recommendatory words used by a testator, of themselves, seem to leave the devisee to act as he may deem proper, giving him a discretion8, as when a testator gives an estate to a devisee, and adds that he hopes, recommends, has a confidence, wish or desire that the devisee shall do certain things for the benefit of another person; yet courts of equity9 have construed10 such precatory expressions as creating a trust. 18 Ves. 41; 8 Ves. 380; Bac. Ab. Legacies11, B, Bouv. ed.
3. But this construction will not prevail when either the objects to be benefited are imperfectly described, or the amount of property to which the trust should attach, is not sufficiently12 defined . 1 Bro. C. C. 142; 1 Sim. 542, 556. See 2 Story, Eq. Jur. 1070; Lewin on Trusts, 77; 4 Bouv. Inst. n. 3953.
PRECEDENCE. The right of being first placed in a certain order, the first rank being supposed the most honorable.
2. In this country no precedence is given by law to men.
3. Nations, in their intercourse13 with each other, do not admit any precedence; hence in their treaties in one copy one is named first, and the other in the other. In some cases of officers when one must of necessity act as the chief, the oldest in commission will have precedence; as when the president of a court is not present, the associate who has the oldest commission will have a precedence; or if their. commissions bear the same date, then the oldest man.
4. In. the, army and navy there is an order of precedence which regulates the officers in their command.
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precarious
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adj.不安定的,靠不住的;根据不足的 | |
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2
revoke
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v.废除,取消,撤回 | |
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fixed
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adj.固定的,不变的,准备好的;(计算机)固定的 | |
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4
revoked
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adj.[法]取消的v.撤销,取消,废除( revoke的过去式和过去分词 ) | |
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5
expiration
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n.终结,期满,呼气,呼出物 | |
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civilians
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平民,百姓( civilian的名词复数 ); 老百姓 | |
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bailment
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n.寄托,寄托寄卖 | |
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8
discretion
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n.谨慎;随意处理 | |
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equity
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n.公正,公平,(无固定利息的)股票 | |
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construed
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v.解释(陈述、行为等)( construe的过去式和过去分词 );翻译,作句法分析 | |
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legacies
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n.遗产( legacy的名词复数 );遗留之物;遗留问题;后遗症 | |
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12
sufficiently
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adv.足够地,充分地 | |
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intercourse
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n.性交;交流,交往,交际 | |
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