KFLCC Kingdom Law 2nd Ed.

950

PROCLAMATION

PROCURATOR

PROCURACY. The- writing or instru ment which authorizes a procurator to act Cowell; Termes de la Ley. In Spanish law, an officer appointed to make in quiry, put a petitioner in possession of land prayed for, and execute the orders of the executive in that behalf. See Lecompte v. U. S., 11 How. 115, 126, 13 L. Ed. 627. Lat. To take care of another's affairs for him, or in his behalf; to manage; to take care of or superintend. Management of another's affairs by his direction and in his behalf; procuration; agency. sumptuum necessariorum facta prselatis, qui diee ceses peragrando, ecclesias subjectas visitant. Dav. Ir. K. B. 1. Procuration is the providing necessaries for the bishops, who, in traveling through their dioceses, visit the churches subject to them. Agency; proxy; the act of constituting another one's attorney In fact; action under a power of attorney or other constitution of agency. Indorsing a bill or note "by procuration" (or per proc) is doing It as proxy for another or by his au thority. —Procuration fee, (or money.) In English law. Brokerage or commission allowed to scriv eners and solicitors for obtaining loans of mon ey. 4 Bl. Comm. 157. est preescriptio. Dav. Ir. K. B. 6. There Is no prescription against procuration. PROCURATIONS. In ecclesiastical law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis. Dig. 3, 39, 25; Ayl. Par. 429. PROCURATOR. In the civil law. A proctor; a person who acts for another by virtue of a procuration. Dig. 3, 3, 1. In old English, law. An agent or attor ney ; a bailiff or servant A proxy of a lord in parliament. In ecclesiastical law. One who collect ed the fruits of a benefice for another. An advocate of a religious house, who was to solicit the interest and plead the causes of the society. A proxy or representative of a par ish church. —Procurator fiscal. In Scotch law, this is the title of the public prosecutor for each dis trict, who institutes the preliminary inquiry into crime within his district. The office is an alogous, in some respect to that of "prosecut ing attorney," "district attorney," or "state's at torney" in America.— Procurator in rem su am. Proctor (attorney) in his own affair, or with reference to his own property. This term PROCURADOR DEL COMUN. Sp. PROCURARE. PROCURATIO. Lat. Procuratio est exhibitio PROCURATION. Procurationem adversus nul la

one to a high office; as, such a prince was proclaimed emperor. In practice. The declaration made by the crier, by authority of the court, that something is about to be done. In equity practice. Proclamation made by a sheriff upon a writ of attachment, sum moning a defendant who has failed, to .appear personally to appear and answer the plain tiff's bill. 3 Bl. Oomm. 444. — Proclamation by lord of manor. A proc lamation made by the lord of a manor (thrice repeated) requiring the heir or devisee of a deceased copyholder to present himself, pay the fine, and be admitted to the estate; failing which appearance, the lord might seize the lands quousque (provisionally.)— Proclamation of exigents. In old English law. When an ex igent was awarded, a writ of proclamation is sued, at the same time, commanding the sher iff of the county wherein the defendant dwelt to make three proclamations thereof in places the most notorious, and most likely to come to his knowledge, a month before the outlawry should take place. 3 Bl. Comm. 284.— Proclamation of a fine. The notice or proclamation which was made after the engrossment of a fine of lands, and which consisted in its being openly read in court sixteen times, viz., four times in the term in which it was made, and four times in each of the three succeeding terms, which, however, was afterwards reduced to one read ing in each term. Gowell. See 2 Bl. Comm. 352.— Proclamation of rebellion. In old English law. A proclamation to be made by the sheriff commanding the attendance of a person who had neglected to obey a subpcena or attachment in chancery. If he did not surren der himself after this proclamation, a commis sion of rebellion issued. 3 Bl. Comm. 444.— Proclamation of recusants. A proclama tion whereby recusants were formerly convict ed, on non-appearance at the assizes. Jacob. PRO-CONSUL. Lat In the Roman law. Originally a consul whose command was pro longed after his office had expired. An of ficer with consular authority, but without the title of "consul." The governor of a province. Calvin. The generation of chil dren. One of the principal ends of marriage is the procreation of children. Inst tit. 2, in pr. A procurator, proxy, or at torney. More particularly, an officer of the admiralty and ecclesiastical courts whose du ties and business correspond exactly to those of an attorney at law or solicitor in chancery. An ecclesiastical person sent to the lower house of convocation as the representative of a cathedral, a collegiate church, or the clergy of a diocese. Also certain administrative or magisterial officers in the universities. —Proctors of the clergy. They who are chosen and appointed to appear for cathedral or other collegiate churches; as also for the common clergy of every diocese, to sit in the convocation house in the time of parliament. Wharton. PROCREATION. PROCTOR. PROCLAMATOR. An officer of the Eng lish court of common pleas.