Profaneness

PROFANITY.

In Criminal Law. A disrespect to the name of God or, His divine providence. This is variously punished by statute in the several states.

See Cooley, Const. Lim., 2d ed. 580.

See Blasphemy. PROFECTITUS (Lat.). In Civil Law. That which descends to us from our ascendants.

Dig. 23. 3. 5.

PROFERT IN CURIA (Lat. he produces in court: sometimes written profert in curiam, with the same meaning). In Pleading. A declaration on the record that a party produces in court the deed under which lie makes title. In ancient practice, the deed itself was actually produced; in modern times, the allegation only is made in the declaration, and the deed is then constructively in possession of the court; 0 M. & G. 277; Tucker v. State, 11 Md. 322; Germain v. Wilgus, 07 Fed. 597, 14 C. C. A. 561. Profert is, in general, necessary when either party pleads a deed and claims rights under it, whether plaintiff; Patten v. Heustis, 26 N. J. L. 293; or defendant; Duncan v. Clements, 17 Ark. 279; to enable the court to inspect and construe the instrument pleaded, and to entitle the adverse party to oyer thereof; 10 Co. 92 b; 1 Chitty, PI.

414; Andr. Steph. PI.

160; and is not necessary when the party pleads it without making title under it; Gould, PI. c.

7, p. 2, § 47.

But a party who is actually or presumptively unable to produce a deed may plead it without profert, as in suit by a stranger; Com. Dig. Pleader, O. 8; Cro. Jac. 217; Cro. Car. 441; or one claiming title by operation of law; Co. Litt. 225; Bac. Abr. Pleas (I 12); 5 Co. 75; or where the deed is in the possession of the adverse party or is lost. In all these cases the special facts must be shown, to excuse the want of profert. See Gould, ence to the letters patent or to a certified copy thereof; Heaton Peninsular B. F. Co. v. Schlochtermeyer, 69 Fed. 592. The profert of any recorded instrument, as letters patent, is equivalent to annexing a copy; American Bell Tel. Co. v. Tel. Co., 34 Fed. 803. Profert and oyer are abolished in England by the Common Law Procedure Act, 15 & 16 Viet. c. 76; and a provision exists, 14 & 15 Viet. c. 99, for allowing inspection of all documents in the possession or under the control of the party against whom the inspection is asked.

See 25 E. L. & E. 304.

In many of the states profert has been abolished, and in some instances the instrument must be set forth in the pleading of the party relying upon it. The operation of profert and oyer, where allowed, is to make the deed a part of the pleadings of the party producing it; Tucker v. State, 11 Md. 322. See Production of Documents; Lost Instrument.