KFLCC Kingdom Law 2nd Ed.

PRODUCTION OF SUIT

952

PROFITS

labor, capital, and the materials and motive forces afforded by nature. Of these, labor and the raw material of the globe are pri mary and indispensable. Natural motive pow ers may be called in to the assistance of la bor, and are a help, but not an essential, of production. The remaining requisite, capital, is itself the product of labor. Its instru mentality in production is therefore, in reality, that of labor in an indirect shape. Mill, Pol. Econ.; Wharton. PRODUCTION OF SUIT. In pleading. The formula, "and therefore he brings his suit," etc., with which declarations always conclude. Steph. PI. 428, 429. PROFANE. 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 Updegraph •. Com., 11 Serg. & R. (Pa.) 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. Lat. In the civil law. That which descends to us from our as cendants. Dig. 23, 3, 5. PROPER. 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 allega tion 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 form ally made in a pleading, where a party al leges a deed, that he shows it in court, it being in fact retained In his own custody. Steph. PI. 67. PROFESSION. A public declaration re specting something. Cod. 10, 41, 6. In ecclesiastical law. The act of enter ing into a religious order. See 17 Vin. Abr. 545. Also a calling, vocation, known employ ment; divinity, medicine, and law are called the "learned professions."

PROFICUA. L. Lat In aid English law. Profits; especially the "iss^s and profits'* of an estate in land. See Co. Litt 142. 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. 1. The advance in the price of goods sold beyond the cost of purchase. The gain made by the sale of produce or manufactures, after deducting the value of the labor, materials, rents, and all expenses, together with the interest of the capital em ployed. Webster. See Providence Rubber Co. v. Goodyear, 9 Wall. 805, 19 L. Ed. 828; Mundy v. Van Hoose, 104 Ga. 292, 30 S. B. 783; Hinckley v. Pittsburgh Bessemer Steel Co., 121 U. S. 264, 7 Sup. Ct. 875, 30 L. Ed. 967; Prince v. Lamb, 128 Cal. 120, 60 Pac 689; Maryland Ice Co. v. Arctic Ice Mach. Mfg. Co., 79 Md. 103, 29 Atl. 69. 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. Comm. 2. —Mesne profits. Intermediate profits; that is, profits which have been accruing between two given periods. Thus, after a party has recovered the land itself in an action of eject ment, he frequently brings another action for the purpose of recovering the profits which have been accruing or arising Out of the land between the time when his title to the possession accrued or was raised and the time of his recovery in the action of ejectment, and such an action is thence termed an "action for mesne profits." Brown.—Mesne profits, action of. An ac tion of trespass brought to recover profits de rived from land, while the possession of it has been improperly withheld; that is, the yearly value of the premises. Wortbington v. Hiss, 70 Md. 172, 16 Atl. 534; Woodhull v. Rosen thal, 61 N. Y. 394; Thompson v. Bower, 60 Barb. (N. Y.) 477.—Net profits. Theoretically all profits are "net." But as the expression "gross profits" is sometimes used to describe the mere excess of present value over former value, or of returns from sales over prime cost, the phrase "net profits" is appropriate to de scribe the gain which remains after the further deduction of all expenses, charges, costs, allow ance for depreciation, etc.—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.—Profits a prendre. These, which are also called "rights of common," are rights ex ercised by one man in the soil of another, ac companied 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 con venience without profit. Gale, Easem. 1; Hall, Profits a Prendre, 1. See 'Payne v. Sheets, 75 Vt 335, 55 Atl. 656; Black r. Elkhorn PROFITS.