英文法律词典 P-128

PROMOTERS. In the English law, are those who in popular or penal¹ actions prosecute² in. their own names and the king's, having part of the fines and penalties.

PROMULGATION³. The order given to cause a law to be executed, and to make it public it differs from publication. (q. v.) 1 Bl. Com. 45; Stat. 6 H. VI., c. 4.

2. With regard to trade, unless previous notice can be brought home to the party charged with violating their provisions, laws are to be considered as beginning to operate in the respective collection districts only from the time they are received from the proper department by the collector. Paine's C. C. R. 32. See Paine's C. C. R. 2 3.

PROMUTUUM, 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 much. Poth. De l'Usure, 3eme part. s. 1, a. 1.

2. This contract is called promutuum, because it has much resemblance to that of mutuum. (q. v.) This resemblance consists, 1st. That in both a sum of money or some fungible things are required. 2d. That in both there must be a transfer of the property in the thing. 3d. That in both there must be returned the same amount or quantity of the thing received. Poth. h. t., n. 133. But though there is this general resemblance between the two, the mutuum differs essentially⁴ from the promutuum. The former is the actual contract of the parties, made expressly, but the 'latter is a quasi contract, which is the effect of an error or mistake. Id. 134; l Bouv. Inst. n. 1125-6.

PRONEPOS. Great Grandson.

PRONOTARY. An ancient word which signifies first notary⁵. The same as prothonotary. (q. v.)

PRONURUS. The wife of a great grandson.

PROOF, practice. The conviction or persuasion⁶ of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged⁷: as, to prove, is to determine or persuade that a thing does or does not exist. 8 Toull. n. 2; Ayl. Parerg. 442; 2 Phil. Ev. 44, n, a. Proof is the perfection of evidence, for without evidence there is no proof, although, there may be evidence which does not amount to proof: for example, a man is found murdered at a spot where another had been seen walking but a short time before, this fact would be evidence to show that the latter was the murderer, but, standing⁸ alone, would be very far from proof of it.

2. Ayliffe defines judicial⁹ proof to be a clear and evident declaration or demonstration¹⁰, of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods; first, by proper arguments, such as conjectures¹¹, presumptions¹², indicia, and other adminicular ways and means; and, secondly¹³, by legal method, or methods according to law, such as witnesses, public instruments, end the like. Parerg. 442 Aso. & Man. Inst. B. 3, t. 7.