Profaneness

or PROFANITY. In criminal law. Imprecations in the name of the Deity. It is a form of blasphemy.

8 Conn. 375.

PROFECTITUS (Lat.) In civil law. That which descends to us from our ascendants.

Dig. 23. 3. 5.

PROPER (Law. Lat. proferus, profrus, from Law Fr. proferer, to produce).

In old English law

An offer or proffer; an offer or endeavor to proceed in an. action, by any man concerned to do so.

Cowell.

A judicial offer to do some act. A return made by a sheriff of his accounts into the exchequer; a payment made on such return.

Cowell.

PROFERT IN CURIA (Lat. he producee in court. Sometimes written profert in curiam, with the same meaning). In pleading. A declaration on the record that a party produces the deed under which he makes title in court. In ancient practice, the deed itself was actually produced; in modern ively In possession of the court.

3 Salk. 119; 6 Man. & G. 277; 11 Md. 322.

Profert is, in general, necessary when either party pleads a deed and claims rights under it, whether plaintiff (2 Dutch. [N. J.] 293) or defendant (17 Ark. 279). to enable the court to inspect and construe the instrument pleaded, and to entitle the adverse party to oyer thereof (10 Coke, 92b; 1 Chit. PI. 414; 1 Archb. Prac. 164), 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 (Comyn, Dig. "Pleader" [0 8]; Cro. Jac. 217; Cro. Car 441; Carth. 316), or one claiming title by operation of law (Co. Litt. 225; Bac. Abr. "Pleas" [I 12]; 5 Coke, 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, PI. c.

8, p. 2; Lawes, PL 96; 1 Saund. 9a, note.

Profert and oyer are abolished in England by the common-law procedure act (15 & 16 Vict. _c. 76), and a provision exists (14 & 15 Vict. 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 Eng. Law & Eq. 304.

In many of the states of the United 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.

11 Md. 322; 3 Cranch (U. S.) 234. See 7 Cranch (U. S.) 176.