Blacks Law Dict. 1st ed

PROCUREUB DU ROI

PROFERT IN CURIA

950

of avou68 established in their place. Mozley & Whitley. PROCUREUR DU ROI, in French law, is a public prosecutor, with whom rests the initiation of all criminal proceedings. In the exercise of his office (which appears to include the apprehension of offenders) he is entitled to call to his assistance the public force, (posse comitatus;) and the officers of police are auxiliary to him. PROCUREUB. GENERAL, or IM PEBIAL. In French law. An officer of the imperial court, who either personally or by his deputy prosecutes every one who is ac cused of a crime according to the forms of French law. His functions appear to be con fined to preparing the case for trial at the as sizes, assisting in that trial, demanding the sentence in case of a conviction, and being present at the delivery of the sentence. He has a general superintendence over the of ficers of police and of the juges d'instruction, and he requires from the procureur du roi a general report once in every three months. Brown. PBODES HOMINES. The barons of the realm. PBODIG-US. In Roman law. A prod igal; a spendthrift; a person whose extrav agant habits manifested an inability to ad minister his own affairs, and for whom a guardian might therefore be appointed. PBODITION. Treason; treachery. PBODITOB. A traitor. PBODITOBIE. Treasonably. This is a technical word formerly used in indict ments for treason, when they were written in Latin. Tomlins. PBODUCE. To bring forward; to show or exhibit; to bring into view or notice; as, to produce books or writings at a trial in obedience to a subpoena duces tecum. PBODUCE BROKER. A person whose occupation it is to buy or sell agricultural or farm products. 14 U. S. St. at Large, 117; 1 Abb. (U. S.) 470. PBODUCENT. The party calling a wit ness nnder the old system of the English ec clesiastical court?. PBODUCTIO SECTJE. In old English law. Production of suit; the production by a plaintiff of his secta or witnesses to prove

the allegations of his count. See 3 Bl. Comm. 295. PRODUCTION. In political economy. The creation of objects which constitute wealth. The requisites of production are labor, capital, and the materials and motive forces afforded by nature. Of these, labor and the raw material of the globe are primary and indispensable. Natural motive powers may be called in to the assistance of labor, and are a help, but not an essential, of produc tion. The remaining requisite, capital, is it self the product of labor. Its instrumentality in production is therefore, in reality, that of labor in an indirect shape. Mill, Pol. Econ.; Wharton. PBODUCTION OF SUIT. In plead ing. The formula, "and therefore he brings his suit," etc., with which declarations al ways conclude. Steph. PI. 428, 429. PBOFANE. That which has not been consecrated. By a profane place is under stood one which is neither sacred nor sancti fied nor religious. Dig. 11, 7, 2, 4. PROFANELY. In a profane manner. A technical word in indictments for the stat utory offense of profanity. See 11 Serg. & R. 394. PROFANITY. Irreverence towards sa cred things; particularly, an irreverent or blasphemous use of the name of God; pun ishable by statute in some jurisdictions. PROFECTITIUS. In the civil law. That which descends to us from our ascendants. Dig. 23, 3, 5. PROFER. In old English law. An offer or proffer; an offer or endeavor to proceed in an action, by any man concerned to do so. Cowell. A return made by a sheriff of his accounts into the exchequer; a payment made on such return. Id. PROFERT IN CURIA. L. Lat. He pro duces in court. In old practice, these words were inserted in a declaration, as an allegation that the plaintiff was ready to produce, or did actually produce, in court, the deed or other written instrument on which his suit was founded, in order that the court might inspect the same and the defendant hear it read. The same formula was used where the defendant pleaded a written instrument. In modern practice. An allegation formally made in a pleading, where a party alleges a deed, that he shows it in court, it

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