Profert

Profert in cnrla, or ad cnriam, I He produces, or he produces in court; in modern practice, an allegation in a pleading, where a party alleges a deed, that he shows it in court, it being in fact retained in his own custody, but in intendment of law, immediately in the possession of the court; in old practice, the production in court of an instrument alleged in pleading, or rather, the entry made on the record, that the party so produced the instrument

'" 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.

Profert ad curiam. The of an instrument on which he relies made in the pleading.

He produces or proffers. When pleadings were in Latin, a plaintiff was wont to express his readiness to produce for inspection an instrument on which he brought suit, by the phrase profert in curia, or profert in curiam, — he produces in court, or he brings into court, the writing alleged. The term has continued in use down to modern times. In the old practice, a party actually produced in court a deed or other instrument upon whicli he relied in pleading; and the clause to that effect, — profert in curia, — inserted in the declaration, had literal truth. In modern practice, however, the actual strument was produced made in the declaration, upon which the writing was deemed to be and remain constructively in the possession of the court, and the party was said to have made profert of the deed. See Oyer.