The Cyclopedic Law Dictionary

An excess of the value of reproper expenses incident to the transaction. 2 Sneed (Tenn.) 452; 15 Minn. 519. The expenses to be deducted are ordinarily the current expenses incident

As a matter of form.. 3 East, 232; 2 Kent, Comm. 245.

For this turn; for this one particular occasion.

(L. Lat.) In old European law. Persons acting for heirs, or in place of heirs. gemote heirs. Spelman. PROHIBETUR NE QUIS FACIAT IN SUO quod nocere possit alieno. It is prohibited t

DIRECTA PARtl. A judicial writ which used to be addressed to a tenant, prohibiting him from waste pending suit. Reg. Jud. 21; Moore, 917. PROHIBITION (Lat. prohibition; from pro an

Those impediments to a marriage which are only followed by a punishment, but do not ren- PROJECT (Fr.) In international law. The draft of a proposed treaty or convention. PROJECTIO

For that turn. 3 Wils. 233, arg.

As undefended; as making no defense. A phrase in old practice. Fleta, lib. 1, c. 41, § 7. PRO INDIVISO (Lat.) For an undivided part. The possession or occupation of lands or teneme

For breach of faith. 3 Bl. Comm. 52.

As a legacy; by the title of a legacy. A species of usucaption. Dig. 41. 8. PRO LUCRARI (Law Lat.) For to gain. Fleta, lib. 6, c. 7, §12.

In civil law. One who had no property to be taxed, and paid a tax only on account of his children (proles); a person of mean or common extraction. The word has become Frenchified,

The unnecessary and superfiuous statement of facts in pleading or in evidence. This will be rejected as impertinent. 7 Price, 278, note. PROLOCUTOR (Lat. pro and loquor, to speak b

Time added to the duration of something. When the time is lengthened during which a party is to perform a contract, the sureties of such a party are, in general, discharged, unless

For greater caution. never written. Ambl. 139. Pro non scriptis, as void. 7 Wils. & S. 523. PRO OPERE ET LABORE (Law Lat.) For work and labor.

An engagement by which the promisor contracts towards another for the performance of some act. 1 Denio (N. Y.) 226. "We are in the habit of considering as the essential feature of

A person to whom a promise has been < made.

A contract between a man and a woman to marry each other at some future time. The implied agreement is, if no time be expressed, to marry within a reasonable time. 42 Mich. 346; 97

One who makes a promise.

A written promise to pay a certain sum of money at a future time, unconditionally. Bailey, Bills, 1; 3 Kent, Comm. 74; 7 Watts & S. (Pa.) 264; 2 Humph. (Tenn.) 143; 10 Wend. (N. Y.

In English Law. Those who, in popular or penal actions, prosecute in their own names and the king's, having part of the fines and penalties. In Modern Corporation Law. Those person

A plaintiff in a suit of duplex querela (q. v.) 2 Prob. Div. 192.

The order given to cause a law to be executed, and to make it public. It differs from "publication." 1 Bl. Comm. 45; St. 6 Hen. VI. c. 4. PROMUTUUM (Lat.) In civil law. A quasi con

The conviction or persuasion of the mind of a judicial tribunal by the exhibition of evidence of the reality of a fact alleged. See "Evidence."

An ancient writ for partition of lands between coheirs. Reg. Orig. 316.

The original and genuine feuds held by pure military service.

The right and interest which a man has in lands and chattels, to the exclusion of others. 6 Bin. (Pa.) 98; 4 Pet. (U. S.) 511; 17 Johns. (N. Y.) 283; 59 N. Y. 192; 31 Cal. 637; 11

A qualified property in animals acquired by reclaiming or confining them.

A qualified property which one has in animals ferae naturae, which are on his premises, and unable, by immaturity, to leave them. It, is lost when such animals become able to leave

A qualified property in wild animals by reason of a privilege of hunting them, to the exclusion of others. 2 Bl. Comm. 394. PROPINQUIOR EXCLUDIT PROPINquum; proplnquus remotum; et

or PROPRIOS. In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose o

In Scotch Law. To state. To propone a defense is to state or move it. 1 Karnes, Eq. pref. In Ecclesiastical and Probate Law. To bring forward for adjudication; to exhibit as basis

In ecclesiastical law. One who propounds a thing; as, "the party proponent doth allege and propound." 6 Bcc. 356, note. He who propounds a will for probate.

Proportatio. L. Lat. In old records. The purport, tenor or substance of a thing; a report or relation of a matter. Called proport. Spelman. In old Scotch law. A verdict; called the

In old records. Purport; intention or meaning. Cowell.

An offer; a formal offer to perform some undertaking, stating the time and manner of performance, and price demanded, or one or more of these particulars, either directly or by imp

An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it, and, to be binding, the acceptance must be in the same terms, withou

As a possessor; by title of a possessor. Dig. 41. 5. See Id. 5. 3. 13. PRO POSSESSORE HABETUR QUI dole Injuriave desiiit possidere. He is esteemed a possessor whose possession has

To the extent of his power or ability. Bracton, fol. 109.

In the law of wills. To offer for probate.

In French law. The term propres or Mens propres is used to denote that property which has come to an individual from his relations, either in a direct by operation of law or by dev

In Spanish law. Property. White, New Recop. bk. 1, tit. 7, c. 5, § 2.

Belonging or pertaining to a proprietor. See 117 U. S. 487.

Proprietary medicines are described as those "prepared, put up and marked and ready for use by the public so soon as they leave the hands of the manufacturer. They are in packages

Those rights which an owner of property has by virtue of his ownership. When proprietary rights are opposed to acquired rights, such as easements, franchises, etc., they are more o

The name of a writ. See "De proprietate Probanda." PROPRIETATES VERBORUM OBSERvandae sunt. The proprieties (i. e., proper meanings) of words are to be observed. Jenk. Cent. Cas. 13

An owner; the holder of the legal title; the person who has the legal right or exclusive title to anything, wheth- PROPRIO VIGORE (Lat.) By its own force or vigor. An expression fr

On account of failure of blood. PROPTER DELICTUM (Lat.) For or on account of crime. A juror may be challenged propter delictum when he has been convicted of an infamous crime. See

On account of respect of honor or rank. See "Challenge."

For the good of his soul. All prosecutions in the ecclesiastical courts are pro salute animae; hence it will not be a temporal damage founding an action for slander that the words

For himself; in his own behalf; in person.

The conducting or carrying forward of a judicial proceeding. The means adopted to bring a supposed offender against the criminal law to punishment by due course of law.

In practice. He who prosecutes another for a crime in the name of the government. offenses, — ^he is the attorney general or his deputy. A private prosecutor is one who prefers an

For a partner; the name of an action in behalf of a partner. A title of the civil law. Dig. 17. 2; Code, 4. 37.

For the whole; as one; jointly; without division. Dig. 50. 17. 141. 1. PRO TANTO (Lat.) For so much. See 17 Serg, & R. (Pa.) 400.

Such as will naturally result from the injury complained of, but have not accrued at the time of the trial; such, for example, as the loss of wages from a personal injury which wil

(Lat.) In old Eagllsh law. To throw down; to break or pull down; to abate.

A female given to indiscriminate lewdness for gain.

The common lewdness of a woman for gain. The act of permitting a common and indiscriminate sexual intercourse for hire. 12 Mete. (Miss.) 97; 8 Barb. (N. Y.) 610; 102 Ind. 161; 154

In Mercantile Law. The name of a document generally given by notaries public to sailors and other persons going abroad, in which is certified that the bearer therein named is a cit

STATUTE DE. The English statute 33 Edw. I. st. 1, allowing a challenge, to be entered against a protect tion, etc.

St. 33 & 34 Vict. c. 27. By this act it is provided that the exhibition of new inventions shall not prejudice patent rights, and that the exhibition of designs shall not

In English probate practice. An order for the protection of the property of a deserted wife.

subjectio protectionem. Protection draws to it subjection; subjection, protection. Co. Litt. 65.

Government by a protector. The period of his rule. Specially so used with reference to the period of English history during which Oliver and Richard Cromwell held the title of "Lor

One who may be appointed by the settler of an estate tail, without whose consent the tenant in tail cannot bar the entail except as against his own issue.

For the time being; temporarily; provisionally.

In Mercantile Law. A notarial act, made for want of payment of a promissory note, or for want of acceptance or payment of a bill of exchange by a notary public, in which it is decl

See "Protestation."

In Pleading. The Indirect affirmation or denial, by means of the word "protesting" (in the Latin form of pleadings, protestando), of the truth of some matter which cannot with prop

These words, in mercantile law, have come to have a technical meaning. In them is included not only the idea that the bill is past due, but that payment of it has been demanded; an

The title given to an officer who officiates as principal clerk of some courts. Viner, Abr, The office exists in Pennsylvania. In the ecclesiastical law, the name of "prothonotary"

A record or register. Among the Romans, protocollum was a writing at' the head of the first page of the paper used by the notaries or tabellions. Nov. 44..In France, the minutes of

In Spanish law. The original draft or writing of an instrument which remains in the possession of the escribano, or notary. White, New Recop. lib. 3, tit. 7, c. 5, § 2. PROTUTOR (L

To make proof of; to establish by evidence.

In old English law. One who undertakes to prove a crime against another. 28 Edw. I.; 5 Hen. IV. One who, being indicted and arraigned for treason or felony, confesses before plea p

Sometimes this signifies the district into which a country has been divided; as, the province of Canterbury, in England; the province of Languedoc, in France. Sometimes it means a

The decrees of provincial synods held under divers archbishops of Canterbury, from Stephen Langton, in the reign of Henry

In Scotch practice. An action for proving the tenor of a lost deed. Bell, Diet.

In Common Law. The property which a drawer of a bill of exchange places in the hands of a drawee; as, for example, by remittances, or when the drawee is indebted to the drawer when

SEIZURE. In Louisiana. A term which signifies nearly the same as attachment of property. It is regulated by the Code of Practice as follows, namely: The plaintiff may, in certain c

Those who, under the old bankruptcy practice of England, were appointed to take charge of bankrupt estates until the creditors' assignees were appointed.

In English law. Under various acts of parliament, certain public bodies and departments of the government are authorized to inquire into matters which, in the ordinary course, coul

A remedy adopted to meet a particular exigency. The terra is ordinarily applied to process issued at the commencement or during the pendency of a suit to preserve some status until

Provisions granting power. 146 111. App. 420.

Certain provisions made in the parliament of Oxford, 1258, for the purpose of securing the execution of the provisions of Magna Charta against the invasions thereof by Henry III. T

A proviso is a limitation or exception to a grant made or authority conferred, the effect of which is to declare that the one shall not operate or the other be exercised unless in

He that hath the care of providing things necessary, but more especially one who sued to the court of Rome for a provision. Jacob; 25 Edw. III. One nominated by the pope to a benef

A title given to the chief of some corporations or societies. In Prance, this title was formerly given to some presiding judges. The word is derived from the Latin praepositus.

A military officer appointed to arrest and secure deserters and other offenders, to prevent pillaging, indict offenders, and see to the passage and execution of sentence, and also

That which, In a natural and continuous sequence, unbrbken by a new cause, produced an event, and without which that event would not have occurred. Shear. & R. Neg. § 261.

Proximate damages are such as are the ordinary and natural results of the omission or commission of acts of negligence, and such as are usual and might have been reasonably expecte

A person appointed in the place of another, to represent him. The instrument by which a person is appointed so to act. It is said to be a contraction of "procuracy." In Ecclesiasti

A kind of service of tenure. Blount says it signifies an old-fashioned spur, with one point only, which the tenant holding land by this tenure was to find for the king. Wharton.

In the law of evidence. A fact which can only be perceived mentally; such as the motive by which a person is actuated. Burrill, Circ. Ev. 130, 131.

In civil law. The age in boys of fourteen an^ in ■ girls of twelve years. Ayliffe, Pand. 63; Hall, Prac. 14; Toullier, Dr. Civ. tom. 5, p. 100; Inst. 1. 22; Dig. 1. 7. 40. 1; Code,

The whole body politic, or all the citizens of the state. It is inapplicable to a municipal corporation or other political subdivision; the people are the public. 21 Mich. 335. It

One appointed to administer the estates of intestates where there is no person interested in them competent and willing to take the administration. He is generally a standing offic

In civil law. A farmer of the public revenue; one who held a lease of some property from the public treasury. Dig. 39. 4. 1. 1; Id. 39. 4. 12. 3; Id. 39. 4. 13. PUBLICANUS (Lat.) I

The act by which a thing is made public. Printing without circulation is not publication (5 Fed. 729), and circulation in manuscript is publication (3 Fed. 486). See, also, "Litera

This phrase Is frequently used, but it is difficult to conceive of a private auction, so the word "public" seems to add nothing. See "Auction."