Page:Black's Law Dictionary (Second Edition).djvu/958

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PROCLAMATION

one to a high office; as, such a prince was pI‘aclm'-nted emperor.

In practice. The declaration made by the crier, by authority of the court, that something is about to be done.

In equity practice. Proclamation made by a sheriff upon a writ of attachment, sum- moning a defendant who has failed to appear personally to appear and answer the plain- l;ilI's hill. 3 Bl. Comm. 44-1.

--P1-oclamation by lord of manor. A proc- Liiuiition made by the lord of a manor (thrice regent;-d) requiring the heir or devisee of a deceased copyholder to present himself, pay the fine, and be admitted to the cstat failing which appearance, the lord might seize the lands qiwuuque tprovisionnlly.)—Praclnmation of exigents. In old English law. “When an ew- igent was awarded, a writ of proclamation issued. at the same time, ‘commanding the sherili of the county wherein the defendant dwelt to make three proclamations thereof in places the most notorious, and most likely to come to his know ledge, 11 month before the outlawry should take place. 3 Bl. Comm. 2Srl.—Proclamation of B fins. l‘lie notice or proclamation which wus made after the engrossnieiit of a fine of lands, and which consisted in its being openly read in court sixteen times. viz., four times In the term in which it was made, and four times In each of the three succeeding terms, Which, boweier, was afterwards reduced to one reading in each term. Cowcll. See 2 Bl. Comm. 33:!.—P1-oclnmation of rebellion. In old English law. A proclamation [U be made by the sheriff commanding the attendance of a person who had neglected to obey a subpoena or attachment in chancery. If he did not surren- iitr himself after this proclamation, a commission of rebcllinn issued. 3 Bl. Comm. 4.-1-l..— P1-ocliunntion of recnsnnts. A proclamation whereby recusants were formerly convicted, on non-appearance at the assizes. Jacob.

PROCLAMATOR. An officer of the English court of common pleas.

PRO-CONSUL. Lat. In the Roman law. Originally ti consul whose command was prolonged after his office had expired. An oi’- flcer nlth consular authority, hnt without the title of “consul." The governor of a province. Calvin.

PROCREATION. The generation of chil- dren. One of the principal ends of marriage is the procreation of children. InsL tit. 2, in pr.

PROCTOR. A prorurator, proxy, or attorney. l\Iore particularly, an officer of the admiralty and ecclesiastical courts whose duties and business correspond exactly to those of an attorney at law or solicitor in chancery.

An ecclesi tical person sent to the lower house of com ocatinii as the representative of a cnthexlral. a collegiate church, or the clergy of :1 diocese. Also certain administrative or msglsterinl officers in the universities. —P:ro(:tox's of the clergy. They a ho are chosen and appointed to appear [or cntliednil or other collegiate Cl]lll'Cll9S: as also for the common clergy of every diocese, to sit in the convocation house in the time of parlimnent Wharton.

950

PROCURATOB

PROCTJRACY. The writing or Instru- ment which authorizes a procurntor to act Cowell; Terincs de la Ley.

PROCURADOR DEL COMUN. 51!. In Spanish law, an officer appointed to make in- quiry. put a petitioner in possession of land prayed for, and execute the orders of the executive in that behalf. See Lecompts v. U. S., 11 How. 1.15, 126, 13 L Ed. 6d7.

PROCURARE. Lat. To take care of another-‘s affairs for him, or in his behalf; to manage; to take care of or superint .

PROCURATIO.}} Lat. Management of another's affairs by his direction and in his behalf; procuration; agency.

Procuratio est exhihltio sumptunm necessarior-um facts. praalatis, qni diasceses peragrantlo, ecclesias lnbjectas visitant. Dav. Ir. K. B. 1. Procnration is the providing necessaries for the bishops, who, in traveling through their dioceses, visit the churches suhject to them.

PROCURATION. Agency; proxy; the

act of constituting another one's attorney in fact; action under a power of attorney or otlier constitution of agency. Indoi-sing 1] bill or note “by procuration" (or per pine.) is doing it as proxy for another or by his authority. -1’:-ocuration fee. (or money.) In English law. lirnkor:ign or roliiniissinn hllmved to SLr1v- cners and solicitors for obtaining loans of maney. 4 Bl. Comm. 167.

Pr-ocurntionenl adversus nulls est prmscriptio. Dav. Ir. K. B. 6. There is no prescription against procuration.

PROCURATIONS. In ecclesiastical law. Certain sums of money which parlsli priests pay yearly to the bishops or archdeiicons

ruvtione visilut-iavriis. Dig. 3, 39, 25; Ayl. Par. 429.

PROCURATOR. In the civil law. A proctor; a person who acts for another by

virtue of a procurntion. Dig. 3, 3, 1.

In old English law. An agent or attorney; a bailiff or servant. A proxy of a lord in parliament.

In ecclesiastical law. One who collected the fruits of a heneflce for another An advocate of a religious house, who was to solicit the interest and Plead the causes of the socictv. A proxy or representative of a parish church.

—P:rocurn.to1' fiscal. In Scotch law. this is the title of the pulilic prosecutor for each district, who institutes the preliminary inquiry into crime within his district. The ollice is analogous, in some respect. to that of “prosecuting attorney," “district attorney." or "stnte’s nitorney" in Ai1ierica.—I‘x-ocnrator in rem snnm. Proctor (altoriir-yl in his own aiiair. or

with reference to his own property. This term