KFLCC Kingdom Law 2nd Ed.

957 PROPRIETATES VERBORUM

PROPONE

distinguished from that acquired by "pur chase." PROPRIA PERSONA. See IN PBO PBIA PEBSONA. PROPRIEDAD. In Spanish law. Prop erty. White, New Recop. b. 1, tit. 7, c. 5, §2. PROPRIETARY, n. A proprietor or owner; one who has the exclusive title to a thing; one who possesses or holds the title to a thing in his own right. The grantees of Pennsylvania and Maryland and their heirs were called the proprietaries of those provinces. Webster. PROPRIETARY, adj. Relating or per taining to ownership, belonging or pertain ing to a single individual owner. —Proprietary articles. Goods manufactured under some exclusive individual right to make and sell them. The term is chiefly used in the internal revenue laws of the United States. See Ferguson v. Arthur, 117 U. S. 482, 6 Sup. Ct. 861, 29 L. Ed. 979; In re Gourd (C. C.) 49 Fed. 729.— Proprietary chapel. See CHAP EL.— Proprietary governments. This ex pression is used by Blackstone to denote govern ments granted out by the crown to individuals, in the nature of feudatory principalities, with inferior regalities and subordinate powers of legislation such as formerly belonged to the own ers of counties palatine. 1 Bl. Comm. 108.— Proprietary rights. Those rights which an owner of property has by virtue of his owner ship. When proprietary rights are opposed to acquired rights, such as easements, franchises, etc., they are more often called "natural rights."' Sweet. Lat. In the civil and old English law. Property; that which is one's own; ownership. Proprietas plena, full property, including not only the title, but the usufruct, or ex clusive right to the use. Calvin. Proprietas nuda, naked or mere property or ownership; the mere title, separate from the usufruct Proprietas totins navis carinas cansam seqnitur. The property of the whole ship follows the condition of the keel. Dig. 6, 1, 61. If a man builds a vessel from the very keel with the materials of another, the vessel belongs to the owner of the materials. 2 Kent, Comm. 362. Proprietas verbornm est sains pro pietatnm. Jenk. Cent 16. Propriety of words is the salvation of property. PROPRIETATE PROBANDA, DE. A writ addressed to a sheriff to try by an in quest in whom certain property, previous to distress, subsisted. Finch, Law, 316. Proprietates verbornm servandse snnt. The proprieties of words [proper meanings of words] are to be preserved or adhered to Jenk. Cent p. 136, case 78. PROFRIETAS.

PROPONE. In Scotch law. To state. To propone a defense is to state or move it. 1 Karnes, Eq. pref. In ecclesiastical and probate law. To bring forward for adjudication; to exhibit as basis of a claim; to proffer for judicial action. PROPONENT. The propounder of a thing. Thus, the proponent of a will is the party who offers it for probate, (g. v.) PROPORTUM. In old records. Pur port; intention or meaning. Cowell. An offer; something prof fered. An offer, by one person to another, of terms and conditions with reference to some work or undertaking, or for the trans fer of property, the acceptance whereof will make a contract between them. Eppes v. Mississippi, G. & T. R. Co., 35 Ala. 33. In English practice. A statement in writing of some special matter submitted to the consideration of a chief clerk in the court of chancery, pursuant to an order made upon an application ex parte, or a decretal order of the court. It is either for mainte nance of an infant, appointment of a guard ian, placing a ward of the court at the uni versity or in the army, or apprentice to a trade; for the appointment of a receiver, the establishment of a charity, etc. Wharton. Propositio indefinita seqnipollet nni versali. An indefinite proposition is equiv alent to a general one. PROPOSITION. A single logical sen tence; also an offer to do a thing. See Per ry v. Dwelling House Ins. Co., 67 N. H. 291, 33 Atl. 731, 68 Am. St. Rep. 668; Hubbard v. Woodsum, 87 Me. 88, 32 Atl. 802. Lat The person pro posed; the person from whom a descent Is traced. PROPOUND. An executor or other per son is said to propound a will or other testa mentary paper when he takes proceedings for obtaining probate in solemn form. The term is also technically used, in England, to denote the allegations in the statement of claim, in an action for probate, by which the plaintiff alleges that the testator executed the will with proper formalities, and that he was of sound mind at the time. Sweet PROPRES. In French law. The term "propres" or "biens propres" (as distin guished from "acquets") denotes all proper ty inherited by a person, whether by devise or a 6 intestato, from his direct or collateral relatives, whether in the ascending or de scending line; that is, in terms of the com mon law, property acquired by "descent" aa PROPOSAL. PROPOSITUS.