Page:Black's Law Dictionary (Second Edition).djvu/961

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PROGENER

Min. Co. (0. C.) 40 Fed. 549: Bingham v. Selene. 15 Or. 20S. 14 Pac. 523,Y3 Am. St. Rep.

152: Pierce v. Keator, 70 N. . 422, 26 Am. llep. 612.

PROGENER. Lat. In the civil law. A

grandson-in-inw. Dig. 38, 10, 4. 6.

PROGRESSION. That state of 11 busi- ness which is neither the commencement nor the end Some act done after the matter has commenced, and before it is compieted. Plowd. 343.

Prohibetur ne quiz fncint in sun quad. uucere possit alieno. It is forbidden for any one to do or maize on his own [land] what may injure another’s. 9 Coke, 59¢.

PROIIIBITED DEGREES. Those de- grees of rciationship by consanguinity which are so close that marriage between persons related to each other in any of such degrees is forbidden by law. See State v. Guiton, 51 La. Ann. 155, 24 South. 784.

PROHIBITIO DE VASTO, DIRECTA PARTI. A judicial writ which used to be addressed to a tenant. prohibiting him from waste, pending suit Reg. Jud. 21. Moore. 917.

PROHIBITION. In practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an in- ferior court. commanding them to cease from the prosecution of the some. upon a suggestion thnt the cause originally, or some coliaterai matter arising therein. does not be- long to that jurisdiction, but to the cogni- zance of some other court. 3 Bl. Comm 112.

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal. corporation. board. or person, when such proceedings are without or in ercess of the jurisdiction of such tribunal. corporation. board, or person. Code Civ. Proc. Gui. § 1102. And see Mayo v. James. 12 Grat. (Va.) 23; People v. Judge of Superior Court (Micin) 2 N. W. 919; State v. Ward. 70 Minn. 58, 72 N. W. 525; Johnston v. Hunter, 50 W Va. 52, 40 S. E. 448; Appo v. People, 20 N Y. 531; Hovey v. Elliott. 167 U. S. 409, 17 Sup. Ct. 841, 42 L. Ed. 215: State v. Evans, 88 Wis. 255. 60 N. W. 433.

PROHIBITIVE IMPEDIMENTS. Those impediments to a marriage whiLh are only foilowed by a punishment, but do not render the marriage nuli. Bowyer. Mod. Civil Law, 44.

PROJECTIO.}} Lat. In Old English law. A throwing np of earth by the sea.

PROJET. Fr. In international law. The draft of a proposed treaty or convention.

953

PROM ATERTEBA

P1-olem ante matfimuninm nntam, its nt post legitimam, lex civilis snccedera facit in haereditate par-entnm; and prolem, qnam mat:-imonium non parit, succedere non ninjt lex Anglo:-Inn. Fortesc. c. 39. The civil law permits the ofispring born before marriage [provided such ott- spring ‘he atterwards legitimized] to be the heirs of their parents; but the law of the Engiish does not suffer the offspring not pro- duced by the marriage to succeed.

PBOLES. Lat. Offspring; progeny; the issue of a lawful marriage.

Proles seqnitnr sol-tern pate:-mun. The offspring follows the condition at the father. Lynch v Clarke, 1 Sandt. Ch. (N. Y.) 583, 660.

PROLETAIRIATE. The class of proletarti; the lowest stratum of the people of a country. consisting mainly of the waste of other classes, or of those fractions of the ixipniation who, by their isolation and their poverty, have no place in the established order of society.

PBOLETARIUS. Lat. In Roman law. A person of poor or mean condition; those among the common people whose fortunes were below a certain valuation; those who were so poor that they conid not serve the state with money, but only with their chil- dren, (praIe.s.) Ca.lvln.: Vicat.

I-'B.0LIcD)I:. in medical jurisprudence. A word used to designate the destruction or the human offspring. J urists divide the sub- ject into f¢rtim'de, or the destruction of the fretus in mere, and infanticide, or the destruction of the new-horn infant. Ry. Med. Jnr. 280.

PROLIXITY. The unnecessary and sn- perfluons statement of facts in pleading or in evidence This will be rejected as i.mperti- nent. 7 Price, 278, note

PROLOCUTOR. in ecclesiastical law The president or chairman of a convocation.

PBOLONGATION. Time added to the duration of something; an extension of the time limited for the performance of an agreement. A prolongation of time accorded to the principal debtor will discharge the surety.

PBOLYTIE. In Roman law. A mania given to students of law in the fifth year of their course: as being in advance of the Lytre, or students of the fourth year. Cai- Vin.

PROMATERTEEA. Lat. In the civil law. A great maternal aunt: the sister of one's grandmother.

—P1'n1.'un.tertera magnn. Lat. In the civil

law. A great-great-aunL