Promulgation

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 contract, by which he who receives a certain sum of money, or a certain quantity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as mifch. Poth. de I'Usure, pt. 3, § 1, a. 1. This contract is called promutuum, because it has much resemblance to that of mutuum. This resemblance consists in this: First, that in both a sum of money or some fungible things are required; second, that in both there must be a transfer of the property in the thing; third, that in both there must be returned the same amount or quantity of the thing received. But, though there is this general resemblance the actual contract of the parties, made expressly, but the latter is a quasi contract, which is the effect of an error or mistake. 1 Bouv. Inst, notes 1125, 1126. PRONUNCIATIO (Lat. Prom pronuneiare, to pronounce.)

In old English law. Delivery of judgment on a verdict. Bract, fol. 289.

The order given to the mind of a judge or jury, by the exhibicause a law to be executed, and to make it tion of evidence, of the reality of a fact alpublic; it dilfers from publication 1 Bla. leged. Thus, to prove is to determine or per- Com. 45; Stat. 6 Hen. YI. c. 4. suade that a thing does or does not exist; In modem practice, it is usually by pub- 8 Toullier, n. 2; Ayliffe, Parerg. 442; 2 Phil. lishing one or more volumes of the laws and Ev. 44, n. a; Steph. Ev. 62; 1 Greenl. Ev. § circulating them among public ollicials and 1; S eh loss v. His Creditors, 31 Cal. 203; Perselling them. As to the practice in England ry v. R. Co., 36 la. 106. Proof is the perfecat various times, see Record Com. in 7 Sel. tion of evidence; for without evidence there Essays in Anglo-Ainer. L. H. 1G8. is no proof, although there may be evidence With regard to trade, unless previous no- which does not amount to proof: for extice can be brought home to the party charg- ample, if a man is found murdered at a spot ed with violating their provisions, laws are where another has been seen walking but to be considered as beginning to operate in a short time before, this fact will be e?>ithe respective collection districts only from dencc to show that the fatter was the murthe time they are received from the proper derer, but, standing alone, will be very far department by the collector. The Cotton from proof of it. Planter, 1 Paine 23, Fed. Cas. No. 3,270. Ayliffe defines judicial proof to be a clear The appointment of a jury commission and and evident declaration or demonstration of the drawing of a jury by it, under a law a matter which was before doubtful, conwhich has not been promulgated, are void; veyed in a judicial manner by fit and proper State v. Bruno, 48 La. Ann. 1481, 21 South. arguments, and likewise by all other legal 30. methods: first, by proper arguments, such as As to the rules of a railway company it conjectures, presumptions, indicia, and other means made known; brought to the attention adminicular ways and means; secondly, by of the service affected thereby, so that a legal methods, or methods according to law, servant is bound to take notice; Wooden v. such as witnesses, public instruments, and R. Co., 18 N. Y. Supp. 768. the like. Ayliffe, Parerg. 442; Aso & M. Formerly promulgation meant introducing Inst. b. 3, t. 7. a bill to the senate; Aust. Jur. Lect. 28. PROOF OF DEATH. See Loss. See Statute.