Blacks Law Dict. 1st ed

PROFESSION

951 PROLES SEQUITUR SORTEM, ETCl

being in fact retained in his own custody. Steph. PI. 67. PROFESSION. A public declaration respecting something. Cod. 10, 41, 6. In ecclesiastical law. The act of enter ing into a religious order. See 17 Yin. Abr. 645. Also a calling, vocation, known employ ment; divinity, medicine, and law are called the "learned professions." PROFILE. In civil engineering, a draw ing representing the elevation of the various points on the plan of a road, or the like, above some fixed elevation. Pub. St. Mass. 1882, p. 1294. PROFIT AND LOSS. The gain or loss arising from goods bought or sold, or from carrying on any other business, the former of which, in book-keeping, is placed on the creditor's side; the latter on the debtor's side. Net profit is the gain made by selling goods at a price beyond what they cost the seller, and beyond all costs and charges. Wharton. PROFITS. 1. The advance in the price of goods sold beyond the cost of purchase. The gain made by the sale of produce or manu factures, after deducting the value of the la bor, materials, rents, and all expenses, to gether with the interest of the capital em ployed. Webster. The usual, ordinary, and correct meaning of the word "profits" is the excess of receipts over ex penditures; that is, net earnings. 15 Minn. 519, (Gil. 428.) 2. The benefit, advantage, or pecuniary gain accruing to the owner or occupant of land from its actual use; as in the familiar phrase "rents, issues, and profits," or in the expression "mesne profits." 3. A division sometimes made of incor poreal hereditaments; as distinguished from "easements,"which tend rather to the con venience than the profit of the claimant. 2 Steph. Gomm. 2. PROFITS A PRENDRE. These, which are also called " rights of common," are rights exercised by one man in the soil of another, accompanied with participation in the profits of the soil thereof; as rights of pasture, or of digging sand. Profits a prendre differ from easements, in that the former are rights of profit, and the latter are mere rights of convenience without profit. Gale, Easem. 1; Hall, Profits a Prendre, 1. PROGENER. Lat. In the civil law. A grandson-in-law. Dig. 38, 10, 4, 6.

PROGRESSION. That state of a busi ness which is neither the commencement nor the end. Some act done after the matter has commenced, and before it is completed. Plowd. 343. Prohibetur ne quis faciat in suo quod nocere possit alieno. It is forbidden for any one to do or make on his own [landj what may injure another's. 9 Coke, 59a. PROHIBITIO DE VASTO, DIREC TA PARTI. A judicial writ which used to be addressed to a tenant, prohibiting him from waste, pending suit. Reg. Jud. 21; Moore, 917. PROHIBITION. Inpractice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not be long to that jurisdiction, but to the cogni zance of some other court. 3 Bl. Comm. 112. The writ of prohibition is the counterpart of the writ of mandate. It arrests the pro ceedings of any tribunal, corporation, board, or person, when such proceedings are with out or in excess of the jurisdiction of such tribunal, corporation, board, or person. Code Civil Proc. Cal. § 1102. PROHIBITIVE IMPEDIMENTS. Those impediments to a marriage which are only followed by a punishment, but do not render the marriage null. Bowyer, Mod. Civil Law, 44. PROJECTIO. Lat. In old English law. A throwing up of earth by the sea. PROJET. Fr. In international law. The draft of a proposed treaty or convention. Prolem ante matrimonium natam, ita at post legitimam, lex eivilis succedere facit in heereditate parentum; sed pro lem, quam matrimonium non parit, suo cedere non sinit lex Anglorum. Fortesc. c. 39. The civil law permits the offspring born before marriage [provided such off spring be afterwards legitimized] to be the heirs of their parents; but the law of the English does not suffer the offspring not pro duced by the marriage to succeed. PROLES. Lat. Offspring; progeny; th« issue of a lawful marriage. Proles sequitur sortem paternam. The offspring follows the condition of th* father. 1 Sandf. 583, 660.

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