英文法律词典 P-122

PROCURATORIUM. The proxy¹ or instrument by which a proctor is constituted and appointed.

PRODIGAL², civil law, persons. Prodigals³ were persons who, though of full age, were incapable⁴ of managing their affairs, and of the obligations which attended them, in consequence of their bad conduct, and for whom a curator was therefore appointed.

2. In Pennsylvania, by act of assembly, an habitual⁵ drunkard is deprived of the management of his affairs, when he wastes his property, and his estate is placed in the bands of a committee.

PRODITORIE. Treasonably. This is a technical word formerly⁶ used in indictments⁸ for treason, when they were written in Latin.

PRODUCENT. He who produces a witness to be examined. The term is used in the ecclesiastical courts.

PROFANE⁹. That which has not been consecrated¹⁰. By a profane place is understood one which is neither sacred, nor sanctified, nor religious. Dig. 11, 7, 2, 4. Vide Things.

PROFANELY¹¹. In a profane manner. In an indictment⁷, under the act of assembly of Pennsylvania, against profanity, it is requisite¹² that the words should be laid to have been spoken profanely. 11 S. & R. 394.

PROFANENESS¹³ or PROFANITY, crim. law. A disrespect to the name of God, or his divine providence¹⁴. This is variously punished by statute¹⁵ in the several states.

PROFECTITUS, civil law. That which descends¹⁶ to us from our ascendants. Dig. 23, 3, 5.

PROFERT IN CURIA, plead. Produces in court.

2. When the plaintiff declares on a deed, or the defendant¹⁷ pleads a deed, and makes title under it, be must do it with a profert in curia, by declaring that he " brings here into court, the said writing obligatory," or other deed.

3. The object of this is to enable the court to inspect the instrument pleaded, the construction and legal effect of which is matter of law, and to entitle the adverse¹⁸ party to oyer of it; 10 Co. 92, b.; 1 Chit. Pl. 414; 1 Archb. Pr. 164; but one who pleads a deed of any kind, without making title under it, is not bound to make profert of it. Gould on Pl. oh. 7, part 2, 47. To the above rule that he who declares on, or pleads a deed, and makes title under it, must make profert of it, there are several exceptions, all of which are founded on the pleader's actual or presumed inability to produce the instrument. A stranger to a deed, therefore, may in general plead it, and make title under it, without profert. Com. Dig. Pleader, 0 8; Cro. Jac. 217; Cro. Car. 441; Carth. 316. Also he who claims title by operation of law, under a deed, to another, may plead the deed without profert. Co. Litt. 225; Bac. Abr. Pleas, I 12; 5 Co. 75. When the deed is in the hands of the opposite party, or destroyed by him, no profert need be made; or when it has been lost or destroyed by time or casualty.

4. In all these cases, to excuse the want of a profert, the special facts which bring the case within the exception, should be alleged¹⁹ in the party's pleadings. Vide Gould, Pl. ch. 8, part 2; Lawes' Pl. 96; 1. Saund. 9, a, note.