Page:Black's Law Dictionary (Second Edition).djvu/959

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PROCURATOR.

is used in Scotch law to denote that a person is acting under a procuration (power of attorney) with reference to a thing winch has become his own property. See Ersk. Inst. 3. 5, 2.- Prucux-.q,l:nr litis. In the civil law. One who by command of another institutes and carries on for him a suit. Vicat. Voc. Jur.— Pracnr-ator negntiornm. In the civil law. An attorney in fact; a manager of business affairs for another person.—-Pr-ncnr-a.tor pro- vlncim. In Roman law. A provincial officer who managed the aifairs of the revenue, and had I judiciai power in matters that concerned the revenue. Adams. Rom. Ant. 178.

PROCURATORES ECCLESIE PARO- CEIALIS. The old name for church-wardens. Paroch. Antiq. 562.

PROCURATORIUM. In old English law. The procuratory or instrument by which any person or community constituted or delegated their procurator or proctors to represent them in any judicial court or cause. Cowell.

PROCURATORY OF RESIGNATION. in Scotch law. A form of proceeding by which a vnsssi authorizes the fen to be returned to his superior. Bell. It is anal- ogous to the surrender of copyhoids in England.

PROCURATRIX. In old English law. A female agent or attorney in fact. Fieta, lih. 3, c. 4, § 4.

PROCURE. In criminal law, and in analogous uses eisewhere, to "procure" is to inlliate a proceeding to cause a thing to he done; to instigate; to contrive, bring about, effect, or cause. See U. S. v. Wilson, 28 Fed. Css. 710; Gore v. Lloyd. 12 Mees. & W 480; Marcus v. Bernstein, 117 N. C. 31, 23 S. E. 33; Rosenbarger v. State, 154 ind. 425, 56 N. E. 914; Long v. State. 23 Neb. 33, 36 N. W. 310.

PROCURER. A pimp; one that procures the seduction or prostitution of girls. They are punishable by statute in England and America.

PROCUREUR. In French law. An attorney; one who has received a commission from another to act on his behalf. There were in France two classes of procureurs: Procureurs ad negotia, appointed by an individual to act for him in the administration of his affairs; persons invested with a power of attorney; corresponding, to "attorneys in fact." Procureurs ad lites were persons appointed and authorized to act for a party in a court of justice. These corresponded to attorneys at law, (now called, in England, "solicitors of the supreme court") The order of procureurs was abolished in 1791, and that of avoués established in their place. Mosley & Whitley.

PROCUZREUR DU ROI, in French i1w, is a public prosecutor, with whom rests the

951

PRODUCTION

initiation of all criminni proceedings. In the exercise of his oiiice (which appears to include the apprehension of offenders) he is entitled to caii to his assistance the public force, (passe oa~miiutu.s;) and the officers or police are auxiliary to him.

PROCUREUR GENERAL, or IM- PERIAL. In French law. An officer of the imperial court, who either personally or by his deputy prosecutes every one who is accused of a crime according to the forms of French law. His functions appear to be con- flned to preparing the case for trial at the assizes, assisting in that trial, demanding the sentence in case of a conviction, and being present at the delivery of the sentence. I-le has a general superintendence over the offlcers of police and of the j-2:-yes dfinstruct-inn, and he requires from the procureur do l'0I' a general report once in every three months. Brown.

PRODES HOMINES. A tern: aid by Tomlins to be frequently applied in the ancient hooks to the barons of the realm. particularly as constituting a council or ad- ministration or government. It is probably a corruption of "probi homines."

PRODIGUS. Lat. In Roman law A prodigal; a spendthrift; a person whose extravagant hahits manifested an inability to ndminister his own nilnirs, and for whom a guardian might therefore be appointed.

PRODITION. Treason; treachery. PRODITOR. A traitor. PRODITORTE. Treasonably. This is

a technical word formerly used in indict- ments for treason, when they were written in Latin. Tomiins.

PRODUCE. To hri.ng forward; to show or exhibit; to bring into view or notice; as. to produce books or writings at a trial in obedience to a 8-ubpuma duces tecum.

PRODUCE BROKER. A person whose occupation it is to buy or sell sgricultural or farm products. 14 U. S. St. at Large, 117: U. S. v. simons, 1 Abb. (U. S.) 470, Fed. Cas. No. 16.291.

PRODUCENT. The party calling a wit- ness under the old system of the English ecclesiastical courts.

PRODUCTIO SECTE. In old English law. Production of suit; the production by a plaintiff of his sorta, or witnesses to prove the allegations of his count. See 3 Bl. Comm. 295.

PRODUCTION. In politicai economy. The creation of objects which constitute wealth. The requisites of production are