Page:Black's Law Dictionary (Second Edition).djvu/969

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PROTHONOTARY

form of asseveration which approaches very nearly to an oath. Wolfl. Inst. Nat. § 375.

PROTHONOTARY. The title given to an officer who officiates as principal clerk of some courts. Vin. Abr. See Trebilcox v. Mcalplne, 46 Hun (N. Y.) 469: Whitney v. Hopkins, 135 Pa. 246, 19 Atl. 1075.

PROTOCOL. The first draft or rough minutes of an instrument or transaction; the original copy of a dispatch. treaty. or other document. Brande.

A document serving as the preliminary to, or opening of, any diplomatic transaction.

In old Scotch practice. A book marked by the clerk-register, and delivered ‘to a notu-_v on his admission, in which he was di- rected to insert all the instruments he had occasion to execute; to be preserved as a record. Bell.

In France, the minutes of notarial ans were formerely transcribed on registers. which were called "protocols." Tonliier. Droit Civil Fr. liv. 3, t. 3, c. 6. s. 1, no. -113.

PEOTOCOLO. In Spanish law. The original draft or writing of an instrument which remains in the possession of the es- oribana, or notary. White, New Iiecop. lib. 3. tit. 7, c. 5, § 2.

The term “pratacoln." when applied to a single paper, means the first draft of an instrument duly executed before a notary.— the matrlx,—hecause it is the source from which must be taken copies to be delivered to interested parties as their evidence of right; and it also means a bound hook in which the notary places and keeps in their order instruments executed before him, from which copies are taken for the use of parties interested Downing v. Dlaz. 80 Tex. 436. 16 S. W. 53‘.

PBOTUTOB. Lat In the civil law. He who, not being the tutor of a minor. has administered his property or affairs as if he had been, whether he thought himself legally invested with the authority of a tutor or not. Mackeid. Rom. Law, § 630.

PEOUT PAT!-2'1‘ PER RECORDUM. A3 appears by the record. In the Latin phrase- oiogy of pleading, this was the proper formula for making reference to a record.

PROVABLE. L. Fl‘. flshle; manifest. Keih-am.

Provable ; justl-

PROVE. To establish a fact or hypothesis as true by satisfactory and snflzcient evidence

To present a claim or demand against a bankrupt or insolvent estate, and establish by evidence or nrlinhrvit that the same is correct nnd due, for the purpose of reeeiiing a dividend on it. Tlbbetts v. Trafton. 80 Me. 264. 14 Ati. 71; In re California Pac. R. Co.,

Bl.Law Dict.(2d Ed.)—81

961

PROVISION

4 Fed. Cas. 1060; In re Bigeiow, 3 Fed. Cos. 343. To establish the genuineness and dne ex ecution of a paper, propounded to the proper court or officer, as the iast will and testa- ment of a deceased person. See Paosa-re.

PROVER. In old English law. A per son who, on being indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed or accused others, his accomplices, in the same crime, in order to obtain his pardon. 4 Bl. Comm. 329, 330.

PROVIDED. The word used in introducing a proviso (nhlch see.) Ordinarily it sig nifies or expresses a condition; but this is not invarlahle, for. according to the context, it may import a covenant, or a limitation or qualification, or a restraint, modification, or exception to something which precedes See Stanley v. Colt, 5 Wall. 166. 18 1.. Ed 502. Steel v. Flanders, 68 Wis. 25!}, 32 N. W 114'. Robertson v. Cow, 3 Barb. (N. Y.) 413; Pnschall v. P-rssnmre. 15 Pa. 308; Carroll v. State, 58 Ala. 396; Colt v. Hnhbard, 33 Conn. 281: Woodrufi‘ v. Woodrnfit, 44 N. J. Eq. .;49, 16 Ati. 4, 1 L. R. A. 380.

PROVINCE. Sometimes this signifies the district into which a country has been dlvid ed: as, the province of Canterbury, in England; the province of Languedoc, in France Sometimes it means a dependency or colony, as, the province of New Brunswick. It is sometimes used figuratively to signify pow- er or authority; as. it is the DI‘O\il1Ce of the court to judge of the law; that of the jury to decide on the facts. 1 Bl. Comm. 111; Tbmlins.

PROVINCIAL CONSTITT.'|"I‘IONS. Tbe decrees of provincial synods held under di- vers archbishops of Canterbury. from Stephen Langtou, in the reign of Henry III., to Henry Chicheie. in the reign of Henry V., and adopted also by the province of York in the reign of Henry VI. Wharton.

PROVINCIAL COURTS. In English law. The several archl-episcopal courts in the two ecclesiastical provinces of England

PROVINCIALE. A work on ecclesiastical law, by William Lyndwode, officini pricnrpai to Archbishop Chlchele in the reign of Edward IV. 4 Reeve, Eng. Law, c. 25, 1.1. 117.

PBOVINCIALIS. Lat. In the civil law. One who has his domicile in a province. Dig. 50. 16, 190.

PEOVTNG OF THE TENOB. In Scotch practice. An action for proving the tenor of a lost deed. Bell.

PROVISION. In oommercial law.

Funds remitted by the drawer of a bill of