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Proclamation

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The act of proclaiming or making publicly known certain affairs of state. A written or printed document in which are contained such matters, issued by proper authority: as, the president’s proclamation, the governor’s, the mayor’s proclamation. Also used to express the public nomination of any one to a high office: as, such a prince was proclaimed emperor. The president’s proclamation may give force to a law, when authorized by congress; as, if congress were to pass an act, which should take effect upon the happening of a contingent event, which was to be declared by the president by proclamation to have happened, in this case the proclamation would give the act the force of law, which till then it wanted. IIow far a proclamation is evidence of facts, see Bac. Abr. Evidence (F); 8 How. St. Tr. 212; 4 Maule & S. 540; 2 Camp. 44; Dane, Abr. ch.

90, a.

2, 3, 4; Cook v. Hall, 1 Oilman (111.) 577; Brooke, Abr. The public proclamation of pardon and amnesty has the force of public law, of which courts and officers will take notice though not specially pleaded; Jenkins v. Col lard, 145 U. S. 540, 12 Sup. Ct. 808, 30 L. Ed. 812. Courts take judicial notice of official proclamations and messages of the governor of the state; Wells v. R. Co., 110 Mo. 286, 19 S. W. 530, 15 L. R. A. 847. On the breaking out of war it is usual for a nation to issue a proclamation announcing the existence of hostilities. See Manifesto; War. In Practice. The declaration made by the crier, by authority of the court, that something is about to be done. It usually commences with the French word Oyez, do you hear, in order to attract attention: it is particularly used on the opening of the court, and at its adjournment; it is also frequently employed to discharge persons who have been accused of crimes or misdemeanors.