PROLOCUTOR. In the ecclesiastical law, signifies a president or chairman of a convocation.

PROLONGATION. Time added to the duration of something.

2. When the time is lengthened¹ during which a party is to perform a contract, the sureties of such a party are in general discharged, unless the sureties consent to such prolongation. See Giving time.

3. In the civil law the prolongation of time to the principal did not discharge the surety. Dig. 2, 14, 27; Id. 12, 1, 40.

PROMATERTERA. Great maternal² aunt; the sister of one's grandmother. Inst. 3, 6, 3; Dig. 38, 10, 10, 14, et seq.

PROMISE, contr. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.

2. When a promise is reduced to the form of a written agreement under seal, it is called a covenant³.

3. In order to be binding⁴ on the promisor, the promise must be made upon a sufficient con@ideration - when made without consideration, however, it may be binding in foro conscientice, it is not obliggtory in law, being nudtim pactum. Rutherf. Inst. 85; 18 Eng. C. L. Rep. 180, note a; Merl. Rep. h. t.

4. When a promise is made, all that is said at the time, in relation to it, must be considered; if, therefore, a man promise to pay all he owes, accompanied by a denial that he owes anything, no action will lie to enforce such a promise. 15 Wend. 187.

5. And when the promise is conditional⁵, the condition must be performed before it becomes of binding force. 7 John. 36. Vide Condition. Promises are express or implied. Vide Undertaking⁶, and 5 East, 17 2 Leon. 224, 5; 4 B. & A. 595.