Blacks Law Dict. 1st ed

PROMOTERS

953

PROPERTY

Ayliffe defines "judicial proof "to be a clear and evident declaration or demonstration of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise' by all other legal methods— First, by fit and proper arguments, such as conjectures, presumptions, in dicia, and other adminicular ways and means; secondly, by legal methods, or methods according to law, such as witnesses, public instruments, and the like. Ayl. Par. 442. For the distinction between "proof," "evi dence," "belief," and "testimony," see EVI DENCE. PROOF OF DEBT. The formal estab lishment by a creditor of his debt or claim,, in some prescribed manner, (as, by his affi davit or otherwise,) as a preliminary to it& allowance, along with others, against an es tate or property to be divided, such as the estate of a bankrupt or insolvent, a deceased person, or a firm or company in liquidation. PROOF OF WILL. A term having the same meaning as "probate," (q. ©.,) and used interchangeably with it. PROPATRUUS. Lat. In the civil law. A great-grandfather's brother. Inst. 3,6, 3; Bract, fol. 686. PROPATRUUS MAGNUS. Lat. In the civil law. A great-great-uncle. PROPER That which is fit, suitable, adapted, and correct. Peculiar; naturally or essentially belonging to a person or thing; not common; appro priate; one's own. PROPER FEUDS. The original and genuine feuds held by pure military service. PROPERTY. Rightful dominion over external objects; ownership; the uniestricted and exclusive right to a thing; the right to dispose of the substance of a thing in every legal way, to possess it, to use it, and to ex clude everyone else from interfering with it. Mackeld. Rom. Law, § 265. Property is the highest right a man can have to anything; being used for that right which one has to lands or tenements, goods or chattels, which no way depends on another man's courtesy. 17 Johns 281, 283. A right imparting to the owner a power of in definite user, capable of being transmitted to uni versal successors by way of descent, and impart ing to the owner the power of disposition, from, himself and his successors per universitatem, and 1 from all other persons who have a spes suc cessioni8 under any existing concession or dispo sition, in favor of such person or series of persons as he may choose, with the like capacities and powers as he had himself, and under such condi tions as the municipal or particular law allows to*

In English practice. Those persons who, in popular and penal actions, prosecute offenders in their own names and that of the king, and are thereby entitled to part of the fines and penalties for their pains, are called "promoters." Brown. The term is also applied to a party who puts in motion an ecclesiastical tribunal, for the purpose of correcting the manners of any person who has violated the laws eccle siastical; and one who takes such a course is said to "promote the office of the judge." See Mozley & Whitley. PROMOVENT. A plaintiff in a suit of duplex querela, (q. v.) 2 Prob. Div. 192. PROMULGARE. Lat. In Roman law. To make public; to make publicly known; to promulgate. To publish or make known a law, after its enactment. PROMULGATE. To publish; to an nounce officially; to make public as impor tant or obligatory. PROMULGATION. The order given to cause a law to be executed, and to make it public; it differs from publication. 1 Bl. Comm. 45. PROMUTUUM. Lat. In the civil law. A quasi contract, by which he who receives a ceitain sum of money, or a certain quan tity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as much. Poth. de l'Usure, pt. 3, s. 1, a. 1. PRONEPOS. Lat. In the civil law. A great-grandson. Inst. 3,6,1; Bract, tol. 67. PRONEPTIS. Lat. In the civil law. A great-gi anddaughter. Inst. 3, 6, 1; Biact. fol.67. PRONOTARY. First notary. SeePKO THONOTARY. PRONUNCIATION. L. Fr. A sen tence or decree. Kelham. PRONURUS. Lat. In the civil law. The wife of a grandson or great-grandson. Dig. 38,10, 4,6. PROOF. Proof, in civil process, is a sufficient reason for the truth of a juridical proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart. Ev. § 1. Proof is the effect of evidence; the estab lishment of a fact by evidence. Code Civil Proc. Cal. § 1824.

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