Profert

'" He produces, he proffers; also, the act of producing. When either party alleges a deed as in existence, he must make "profert" of itj that is, produce it in court simultaneously with the pleading. When oral pleading was in vogue, the deed was actually produced; but, later, "profert" consisted merely of a formal allegation that the party showed the deed In court; It being, in fact, retained in his own custody.' Hence, for a time, there could be no remedy on a lost instrument; as, on a bond. Now, however, profert is dispensed with, if an allegation of loss is stated.' See further Oyer.