KFLCC Kingdom Law 2nd Ed.

PROMATERTERA

953

PROGENER

Prolem ante matrimoninm natam, ita ut post legitimam, lex civilis succedere facit in hsereditate parentnm; sed pro lem, qnam matrimoninm non parit, suc cedere non sinit lex Anglornm. 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; the issue of a lawful marriage. Proles sequitnr sortem paternam. The offspring follows the condition of the father. Lynch v. Clarke, 1 Sandf. Ch. (N. Y.) 583, 660. PROLETARIATE. The class of prole tarii; the lowest stratum of the people of a country, consisting mainly of the waste of other classes, or of those fractions of the population who, by their isolation and their poverty, have no place in the established or der of society. PROLETARIUS. Lat. In Roman law. A person of poor or mean condition; those among the common people whose fortunes were below a certain valuation; those who were so poor that they could not serve the state with money, but only with their chil dren, (proles.) Calvin.; Vicat. PROLICIDE. In medical jurisprudence. A word used to designate the destruction of the human offspring. Jurists divide the sub ject into foeticide, or the destruction of the foetus in utero, and infanticide, or the de struction of the new-born infant. Ry. Med. Jur. 280. PROLIXITY. The unnecessary and su perfluous statement of facts in pleading or in evidence. This will be rejected as imperti nent 7 Price, 278, note. PROLOCUTOR. In ecclesiastical law. The president or chairman of a convocation. PROLONGATION. Time added to the duration of something; an extension of the time limited for the performance of an agree ment. A prolongation of time accorded to the principal debtor will discharge the sure ty. PROLYTiE. In Roman law. A name given to students of law in the fifth year of their course; as being in advance of the Lyta?, or students of the fourth year. Cal vin. PROMATERTERA. Lat In the civil law. A great maternal aunt; the sister of one's grandmother. — Promatertera magna. Lat In the civil law. A great-great-aunt

Bfln. Co. (C. C.) 49 Fed. 549; Bingham v. Salene, 15 Or. 208, 14 Pac. 523, 3 Am. St. Rep. 152; Pierce v. Keator, 70 N. Y. 422, 26 Am. Rep. 612. 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 mmenced, and before it is completed. Plowd. 343. Prohibetur ne quia faciat in sno quod nooere possit alieno. It is forbidden for any one to do or make on his own [land] what may injure another's. 9 Coke, 59a. PROHIBITED DEGREES. Those de grees of relationship by consanguinity which are so close that marriage between persons related to ea"ch other in any of such degrees is forbidden by law. See State v. Guiton, 51 La. Ann. 155, 24 South. 784. PROHIBITIO DE VASTO, DIRECTA PARTI. A judicial writ which used to be Addressed to a tenant, prohibiting him from waste, pending suit Reg. Jud. 21; Moore, 317. PROHIBITION. In practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an in ferior court, commanding them to cease from the prosecution of the same, upon a sugges tion that the cause originally, or some col lateral 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 Civ. Proc. Cal. § 1102. And see Mayo v. James, 12 Grat. (Va.) 23; People v. Judge of Superior Court (Mich.) 2 N. W. 919; State v. Ward, 70 Minn. 58, 72 N. W. 825; Johns ton v. Hunter, 50 W. Va. 52, 40 S. E. 448; Appo v. People, 20 N. Y. 531; Hovey v. Elliott, 167 U. S. 409, 17 Sup. Ct. 841, 42 L. Ed. 215; State v. Evans, 88 Wis. 255, 60 N. W. 433. 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.