Page:Black's Law Dictionary (Second Edition).djvu/966

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PROPRIETE

PROPRIÉTÉ. The French law term

N corresponding to our “property," or the right

or enjoying and of disposing of things 1.11 the

most absolute manner, subject only to the laws. Brown.

PROPRIETOR. This term is almost synonymous with “owner," (q. 1)..) as in the phrase "riparian proprietor.” A person entitled to a trademark or a design under the acts for the registration or patenting ct trade-niarks and designs (q. u.) is called “proprietor" of the trademark or design. Sweet See Latlium v. Roach. 72 111. 181; Yuengling v. Sc-hiie (C. C.) 12 Fed. 105; Hunt v. Curry, 37 Ark. 1%; Werckmeister v. Springer Lithograpliing Co. (0. C.) 63 Fed. 811.

PROPRIETY. In nlassachusetts colo- nial ordinance of 1741 is nearly, if not pre-

cisely, equivaient to property. Com. v. Alger, 7 Cush. (Mass) 53, 70. In old English law. Property. "Pro-

priety in action; propriety in possession; mixed propriety." Hale, Anal. § 26.

PROPRIO VIGORE. Lat. By its own force; by its intrinsic meaning.

PROPRIOS. In Spanish and Mexican law. Productive lands, the usufruct of which had been set apart to the several mnniclpalities for the purpose of derraying the charges of their respective governments. Sheldon v. Mllmo, 90 Tex. 1, 36 S. W. 413; Hart v. Burnett, 15 Cal. 554.

PROPTER. For; on account of. The

initial word of several Latin phrases.

—P1-npter atfectnm. For or on account of some alfection or prejudice. The name of I species of challenge. ((1. u.)—l-‘raptor defectum. On account of or for some defect. The name of a species of challenge, (41. 1).)—P1-opter defactum samgninia. On account of failure of blood.—Pn:ptex- delictum. For or on account of crime. The name of a species of challenge. (q. D.)-—Proptel' honoris respectnm. On account of respect of honor or rank. See OHaLLnr!oE.—Px-optex- impntentiam. On account of helplessness. The term describes one of the grounds of a qualified property in wild animals, consisting in the fact of their inability to escape: as is the case with the young of such animals before they can fly or run. 2 Bl. Comm. 394.—Px-opter pr-ivilegium. On account of privilege. The term describes one of the grounds of a uuaiified property in wild animals, consisting in the special privilege of hunting, taking and hiliing them, in a given park or reserve. to the exclusion of other persons. 2 1. Comm. 394.

PROBATE. To divide, share, or distribute proportionally: to assess or apportion pro rata. Formed from the Latin phrase “pro rnta," and said to be a recognized English word. Rosenberg v. Frank, 58 Cal. 405.

PROROGATED JURISDICTION. In Scotch law. A power conferred by consent

958

PROSECUTION

or the parties upon a judge who would not otherwise be competent.

PROROGATION. Prolonging or puttin: off to another day. In English law. a DIV rogation is the continuance of the parlia- ment from one session to another, as an ad- journment is a continuation of the senim from day to day. “marten.

In the civil lvw. The giving time to do a thing beyond the term previously fixed Dig. 2, 14, 27, 1.

PROROGUI-J. To direct snspension u: proceedings of parliament; to terminate I session.

PROSCRIBED. In the civil law Among the Romans. a mau was said to be "proscribed" when a reward was olIereci tor his head; but the term was more usually applied to those who were sentenced to some punishment which carried with it the cou- sequcnces of civil death. Cod. 9. 49.

PROSEC-UTE. To follow up; to carry on nu action or other judicial proceeding:to proceed against a person criminally.

PROSECUTING ATTORNEY. The name of the public officer (in several states) who is appointed in each judicial district. circuit, or county, to conduct criminal prosecutions on behalf of tho state or people. See People v. May. 3 Mich. 605; Holder v. State, 58 Ark. 473, 25 S. W. 279.

PROSECUTING WITNESS. This Dflmb is given to the private person upon whose complaint or information a criminal accusation is founded and whose testin1onyisn:aln- ly relied on to secure a conviction at the trial; in a more particular sense, the person who was chiefly injured. in person or prop- erty, by the act constituting the alleged crime, (as in cases of robbery, assault, criminal negligence, hastardy, and the lihe,) and who lnstigates the prosecution and gives e\ deuce.

PROSECUTION. In criminal law. A criminal action; a proceeding instituted and carried on by due course of law. before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crlme. See U. S. v. Reisinger, 128 U. S. 398, 9 Sup. Ct. 99. 32 L. Ed. 4.80; Tennessee v. Davis, 100 U. S. 257. 25 L. Ed. 645; Schuite v. Keokuk County, 74 Iowa. 292, 37 N. W. 376; Sigsbee v. State. 43 Fla. 524, 30 South. 816.

By an easy extension of ite meaning “prosecution” ls sometimes used to designate the state as the party proceeding in a criminal action, or the prosecutor, or counsel; as when we speak of "the evidence addnced by the prosecution."

—Mn.Hoionc prosecution. See Mamcioua.