Page:Black's Law Dictionary (Second Edition).djvu/965

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
PROPONE
PROPRIETATES VERBORUM
957


PROPONE. In Scotch law. To state. To propane a defense is to state or move it. 1 Kames. Eq. pref.

In ecclesiastical and probate law. To bi-no tormird for adjudication; to exhibit as basis of a claim: to prolifcr for judicial action.

PROPONENT. The propounder of a thing. Thus, the proponent or a will is the party who olfers it for probate, (q. 1:.)

PROPORTUM. In Old records. Purport: intention or meaning. Cowell.

PROPOSAL. An offer: something prortered. An offer, by one person to another, of terms and conditions with reference to some work or nndeitaluiig, or for the transfer of property, the acceptance whereof will maize in contract between them. Eppes V. .\Iil sippl. G. & T. R. Co., 35 Ala. 33.

In English practice. A statement in writing of some special matter submitted to the consideration or a chief clerk in the court of ch inrery. pursuant to an order made upon an application em parts, or a decretiil order of the court. It is either for mainte- nance of an infant, appointment or a guard- iin, placing a ward or the court at the uni- rersity or in the army, or apprentice to a trade; for the appointment or a receiver, the establishment of a charity, etc. Wharton.

P1-opositio indefinite utqnlpollet uni- versnli. An indefinite proposition is equiv- alent to a general one

PROPOSITION. A single logical sentence: also an oifer to do a thing. See Perry v. Dwelling House Ins. Co., 67 N H. 29]. 33 ALL 731. 68 Am. St. Rep. 668; Hubbard v. Woodsum. 87 Me. 88. 32 Atl. 802.

PEOPOSITUS. Lat The person pro- posed: the person from whom I descent is lJ'8(‘£‘(l.

PROPOUND. An executor or other person is said to proponnd a will or other testa- mentary paper when he takes proceedings for obtaining probate in solemn form. The term is also technically used, in England. to denote the allegations in the statement of claim. in an action for probate, by which the plaintiff alleges that the testator executed the will with proper formalities, and that he was of sound mind at the time. Sweet.

PEOPRES. In French law. The term “prop/res" or "bicns propres" (as distin- guisbed from “acqur-t.9") denotes all property inherited by a person, whether by devise or ab intesmlo. from his direct or collateral rniatives, whether in the ascending or descending line: that is. in terms of the com- mon law, property acquired by “descent” as


distinguished from that acquired by "pur- chase.”

PROPRLA PERSONA. PRIA Pnasoru.

See in PS0

PROPRIEDAI). In Spanish law. Prop- erty. White, i\ew llecop. Ii. 1, tit. 7, c. 5. § 2.

PROPRIETARY., n. A proprietor or owner; one who has the exclusive title to a thing. one who possesses or holds the title to a thing in his own right. The grantees of Pennsylvania and Maryland and their heirs were called the propiietziries of those provinces. Webster.

PROPRIETARY., adj. Relating or pertaining to ownership. belonging or pertaining to a single individual owner.

Proprietary articles. Goods manufactured under some exclusive individual right to make and sell them. The term is chiefly used in the internal revenue laws of the United States. See Ferguson v. Arthur 117 U.S. 482 6 Sup. Ct. 861. 29 L Ed. 979; In re Gourd (C. C.) 49 Fed. 729.—Proprietary chapel. See Chapel.—Proprietary governments. This expression is used by Blackstone to denote governments granted out by the crown to individuals, in the nature of feudatory principalities, with inferior regalities and subordinate powers of legisilation such as formerly belonged to the owners of counties palatine. 1 Comm 10S.—Proprietary rights. Those rights which an owner of property has by virtue of his ownership. When. proprietary rights are opposed to acquired rights. such as easements, franchises, etc., they are more often called "natural rights." Sweet.

PROPRIETAS. Lat. In the Civil and old English law. Property; that which is one's own; ownership.

Proprietos plena, full property, including not only the title, bnt the usufruct, or ex- clusive right to the use Caivin.

Proprietor nude, naked or mere property or ownership; the mere title, separate from the usufruct.

Pr-opt-ictns toting navis cnrinae cnnsaxu seqnitur. The property of the whole ship follows the condition or the keel. Dig. 6, 1, 61 If a man builds a vessel from the very heel with the mateiinis of another, the vessel belongs to the owner or the materials. 2 Kent, Comm. 362.

Pr-aprietas vex-horum est salus pro- pietatum. Jenk. Cent 16. Propriety of words is the salvation of property.

PROPBEETATE PBOBANDA, DE. -\ writ addressed to a sheriff to try by an in- quest in whom certain property, previous to distress, sulisisted. Finch, Law. 316.

Praprietates verborum sex-vii.n.dss cunt. The proprieties of words [proper nieanings of words] are to be preseived or adhered to

Jenh. Cent. 1). 136, use 78.