Page:Black's Law Dictionary (Second Edition).djvu/960

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PRODUCTION OF SUIT

lnbor, capital, and the materials and motive forces afforded by nature. Of, these. labor and the raw material of the globe nie primary and indispensable. Natural motive pow- ers may be called in to the assistance of labor, and are a help, but not an essential, of production. The remaining requisite, capital, is itself the product of lahor. Its instru- mentaiity in production is therefore. in reality, that of labor in an indirect shape. i\Iill, Pol. Econ.: Wharton.

PRODUCTION OF SUIT. In pleading. The formats, “and therefore he hrings his suit." etc., with which declarations always conclude. Steph. Pl. 428, 429.

PROFANI-J. That which has not been consecrated. By a profane place is understood one which is neither sacred nor sancti- fled nor religious. Dig. 11, 7, 2, 4.

PROFANELY. In a protane manner. A technical word in indictments for the statutory offense of profanity. See Updegraph 17. Cum, 11 Serg. 8: R (Pa) 394.

PROFANITY. Irreverence towards sscred things; particularly, an irreverent or biaspiiemous use of the name of God; pun- ishable by statute in some jurisdictions.

PROFEC'I‘ITI‘US. Lat. In the (.‘1Vi1 law. That which descends to us from our ascendants. Dig. 23, 3, 5.

PROFER. In old English law. An offer or prolfcr; an offer or endeavor to proceed in an action, by any man concerned to do so. Cowell.

A return made by a sheriff of his accounte into the exchequer; a pavinent made on such return. Id.

PROFERT IN CURIA. L. Lat. He pro- duces in court. In old practice, these words were inserted in a declaration, as an allegation that the plaintiff was ready to produce, or did actuaiiv pi oduce, in court, the deed or other written instrument on which his suit was founded. in order that the court might insi ect the same and the defendant hear it read. The same formula was used where the defendant pleaded a written instrument.

In modern practice. An allegation form- ally made in a pleading, where a party allegcs a deed. that he shows it in court, it being in fact retained in his own custody. Stcph. P1. 67.

PROFESSION. A public declaration respecting soinething. Cod. 10, 41, 8.

The act of enter- See 17 Vin. Ahr.

In ecclesiastical law. lng into a religious order. 545.

Also a calling, vocation, known employ- ment: divinity. medicine, and law are called the "learned professions."

952

PROFITS

PROFICUA. L Lat. In aid English la!‘ Profits; especially the “iss ies and profits of an estate in land. See Co. Litt. 1-12.

PROFILE. In civil engineering, a drawing representing the elevation of the vnrio points on the plan of a road, or the it-.. above some fixed elevation. Pub. St. Mind 1882, p. 1294.

PROFITS. 1. The advn.nce in the price of goods soid beyond the cost at pui-«him. The gain made by the sale of produce or manufactnres, after deducting the value or the labor, materials. rents, and all expenn together with the interest of the capital em pioyed. Webster. See Providence Rub? Co. v. Goodyear, 9 Wall. S05, 19 L Ed. 8!; 1\Iundy v Van Hoose, 101 Go. 292. 30 S. E 783; Hinckiey v. Pittsburgh Bessemer Steel Co., 121 U. S. 264, 7 Sup. Ct. 375. 30 L. Ed. 967; Prince v. Lamb, 1233 Cal. 120, 60 Pat: 689; Maryland Ice Co. v. Arctic Ice Mach. Mfg. Co.. 79 Md. 103, 29 At]. 69.

2. The benefit, advantage, or pecuniary gain accruing to the owner or occupant of land from its actual use; as in the familiar phrase “rents. issues, and profits," or in the expression “mesne profits."

3. A division sometimes made of incorporeal hereditainents; as distinguished from “eiisenients." which tend rather to the con- venience thnn the profit of the claimant 2 Steph. Comm. 2.

_—Mesn_e profits. Intermediate profits; that is, profits which bsve been accruing between two gnen pcuods. Thus, alter a party has recovered the land itself in an action of eja- nient, he tre uently brings another ‘action for the purpose 0 recovering the profits which have been accruing or arising out of the land between the time when his title to the possession accrued or wns_raised and the time of his recovery in the action of ejectment, and such an action is thence ts-rined an Brown.—Mesns profits, action of. An action of trespass brought to recover profits de- rived from land, while the possession of it hnl been improperly withheld: that is, the year}! value of the premises. Worthington v. Hills. 70 Zlld. 172, 16 Atl. 534; “’ocdhull v. Bosch- thiii. 01 N. Y. 394-: Thompson v. Bower. E0 Barh. (N. Y.) 477,- ct profits. ineoreuully all profits are “net." But as the exprcfiu "gross profits" is sometimes used to desslb the mere excess of present value over former value, or of returns from sales over prime

the phrsse “net profits" is appropriate to describe the gain which remains after the tunindeduction of all expenses. charges. costs allow- ance for depreciation. ete.—-Profit and inn. The gain or loss arising from goods h_ou-zht or sold, or from carrying on anv other hue-inns, the former of which. in hook-keeping. is pint‘ 0 the creditor's side; the latter on the 'irLm side.—Prafits d pr-emire. hese, which are also called “rights of common.” nre rights ex- ercised by one man in the soil of another. socompanied with participation in.thc profits of the soii thereof: as rights of pasture, or of digging sand. Profits a prendre differ from easements, in that the former are right: of profit, and the latter are mere rights of con- venience without profit. Gale, llnsem. 1: Hail. Profits a Prendre. 1. See Pavne v. Starts.

75 Vt. 835, 55 Ati. 050; Black v. Eikiiorn