Protocol

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 notarial acts were formerly transcribed on registers, By the German law it signifies the minutes of any transaction. Enc. Am. "Protocol."

In the latter sense, the word has of late been received into international law. Id. PROTOCOLLUM (Graeco-Lat.)

In the civil law. A brief note or memorandum of a transaction made by a notary, for the purpose of being afterwards extended or written out in full (quod breviter et succinate notatur a tabellione, ut extendi deinde atque absolvi possit). Calv. Lex. A hasty note of a transaction, as it were prima colleetio rerum, the first getting together of hiatters. Id. Protocollum, among the Romans, seems to have originally signified a formal caption or heading of instruments drawn by tabel Uones (notaries); or, more particularly, a writing at the head of the paper used by these officers, containing the name of the comes sacrarum largitionum (chief officer of the imperial treasury), and the time when the instrument was made. Nov. 44. It seems to have served the purpose of an official stamp. In the forty-fourth Novel, the tabel Uones are forbidden to write their instruments upon any other paper than such as contained this protocollum at the head.

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 tabelliones. Nov. 44. In France the minutes of notarial acts were formerly transcribed on registers, which were called protocols. Toullier, Dr. Civ. Fr. liv. 3, t. 3, c. 6, s. 1, n. 413. By the German law it signifies the minutes of any transaction. Encyc. Amer. In the latter sense the word has of late been received into international law. Id. In International Law it is a diplomatic expression which signifies the register on which the deliberations of a conference, etc., are inscribed, whence the word comes to signify the deliberations themselves. 1 Halleck, Int. L. 298, note. It is used to indicate a preliminary treaty, as the instrument of August 12, 1898, entered into between the United States and Spain.

The first draft or rough minutes of an instrument or transaction; the original copy of a dispatch, treaty or other document. Brande. A document serving as the preliminary to or opening of, any diplomatic transaction.

In old Scotch practice. A book, marked by the clerk-register, and delivered to a notary on his admission, in which he was directed to insert all the instruments he had occasion to execute; to be preserved as a record. Bell. In France, the minutes of notarial acts were formerely transcribed on registers, which were called "protocols." Toullier, Droit Civil Fr. liv. 3, t. 3, c. 6, s. 1, no. 413.

The fii'st draught, or rough minutes transaction; the original copy of a despatch, ment.

In old Scots law. A book delivered to a notary which to record all the instruments he had

1. A Byzantine terra applied to the first sheet pasted on a manuscript roll, statmg by whom it was written, &c. Wedgwood. 2. The first or original copy of any thing. Tomtins. 3. The entry of any written instrument in the book of a notary or public officer, which, in case of the loss of the instrument, may be admitted as evidence of its contents. Tomlins. 4. A document serving as the preliminary to, or opening of, any diplomatic transaction. Latham. Prout patet per recordum. As appears by the record. Words of reference to a record, used in Latin form.s of pleadings, &c. A record having been once set forth in fuU, it might be refei Tod to by this formula.

civil law, inter- clause inserted in an act of the legnational law. A record or register. islature, a deed, a written agree- Among the Romans, protocollum ment, or other instrument, which was a writing at the head of the first generally contains a condition that a page of the paper used by the nota- certain thing shall or shall not be ries or tabellions. Nov. 44. In done, in order that an agreement France the minutes of notarial acts contained in another clause shall change it to a covenant; but when a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Co. 72; Cro. Eliz. 242; Moore, 707; Com. on Cov. 105; Lilly’s Reg. h. t.; 1 Lev. 155; A proviso differs from an exception, 1 Barn. & Ald. 99. <An exception exempts, absolutely, from the operation of an engagement or an enactment; a proviso defeats their operation conditionally. An exception takes out of an engagement or enactment, something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Amer. Jurist. 242; Plowd. 361; Carter, 99; 1 Saund. 234 a, note; Lilly’s Reg. h. t.; and the cases there cited. Vide, generally, it Amer. Jurist, No. 16, art. 1; 1 & Bac. Ab. 631; Com. Dig. Condition, ua Al, A 2.