KFLCC Kingdom Law 2nd Ed.

968

PROPRIETY

PROSECUTION

PROPRIETE. The French law term corresponding to our "property," or the right of enjoying and of disposing of things in the most absolute manner, subject only to the laws. Brown. PROPRIETOR.' This term is almost synonymous with "owner," (q. v.,) as in the phrase "riparian proprietor." A person en titled to a trade-mark or a design under the acts for the registration or patenting of trade-marks and designs (g. v.) is called "proprietor" of the trade-mark or design. Sweet. See Latham v. Roach, 72 111. 181; Yuengling v. Schile (C. C.) 12 Fed. 105; Hunt v. Curry, 37 Ark. 105; Werckmeister v. Springer Lithographing Co. (C. C.) 63 Fed. 811. PROPRIETY. In Massachusetts colo nial ordinance of 1741 is nearly, if not pre cisely, equivalent to property. Com. v. Alger, 7 Cush.' (Mass.) 53, 70. In old English law. Property. "Pro priety in action; propriety in possession; mixed propriety." Hale, Anal. § 26. PROPRIO VIGORE. Lat. By its own force; by its intrinsic meaning. PROPRIOS. In Spanish and Mexican law. Productive lands, the usufruct of which had been set apart to the several mu nicipalities for the purpose of defraying the charges of their respective governments. Sheldon v. Milmo, 90 Tex. 1, 36 S. W. 413; Hart v. Burnett, 15 Cal. 554. PROPTER. For; on account of. The initial word of several Latin phrases. —Propter affectum. For or on account ot some affection or prejudice. The name of a species of challenge, (q. v.) — Propter defec tum. On account of or for some defect. The name of a species of challenge, (q. v.) — Propter defectum sanguinis. On account of failure of blood.— Propter delictum. For or on ac count of crime. The name of a species of chal lenge, (q. v.) — Propter honoris respectum. On account of respect of honor or rank. See CHALLENGE.— Propter impotentiam. On account of helplessness. The term describes one of the grounds of a qualified property in wild animals, consisting in the fact of their inability to escape; as is the case with the young of such animals before they can fly or run. 2 Bl. Comm. 394.— Propter privilegium. On account of privilege. The term describes on« of the grounds of a qualified property in wild animals, consisting in the special privilege of hunting, taking and killing them, in a given park or preserve, to the exclusion of other per sons. 2 Bl. Cbmm. 394. To divide, share, or dis tribute proportionally; to assess or appor tion pro rata. Formed from the Latin phrase "pro rata," and said to be a recog nized English word. Rosenberg v. Frank, 58 Cal. 405. PROROGATED JURISDICTION. In Scotch law. A power conferred by consent PRORATE.

of the parties upon a judge who would not otherwise be competent. PROROGATION. Prolonging or putting off to another day. In English law, a pro rogation is the continuance of the parlia ment from one session to another, as an ad journment is a continuation of the session from day to day. Wharton. In the civil law. The giving time to do a thing beyond the term previously fixed Dig. 2, 14, 27, 1. PROROGUE. To direct suspension ot proceedings of parliament; to terminate a session. PROSCRIBED. In the civil law. Among the Romans, a man was said to be "proscribed" when a reward was offered for his head; but the term was more usually ap plied tb those who were sentenced to some punishment which carried with it the con sequences of civil death. Cod. 9, 49. To follow up; to carry on an action or other judicial proceeding; to proceed against a person criminally. PROSECUTING ATTORNEY. The name of the public officer (in several states) who is appointed in each judicial district, circuit, or county, to conduct criminal pros ecutions on behalf of the state or people. See People v. May, 3 Mich. 605; Holder v. State, 58 Ark. 473, 25 S. W. 279. PROSECUTING WITNESS. This name is given to the private person upon whose complaint or information a criminal accusa tion is founded and whose testimony is main ly relied on to secure a conviction at the trial; in a more particular sense, the person who was chiefly injured, in person or prop erty, by the act constituting the alleged crime, (as in cases of robbery, assault, crim inal negligence, bastardy, and the like,) and who instigates the prosecution and gives evi dence. PROSECUTION. In criminal law. A criminal action; a proceeding Instituted and carried on by due course of law, before a competent tribunal, for the purpose of de termining the guilt or innocence of a per son charged with crime. See U. S. v. Reis inger, 128 U. S. 398, 9 Sup. Ct 99, 32 L. Ed. 480; Tennessee v. Davis, 100 U. S. 257, 25 L. Ed. 648; Schulte v. Keokuk County, 74 Iowa, 292, 37 N. W. 376; Sigsbee v. State, 43 Fla. 524, 30 South. 816. By an easy extension of its meaning "pros ecution" is sometimes used to designate the state as the party proceeding in a criminal action, or the prosecutor, or counsel; as when we speak of "the evidence adduced by the prosecution." —Malicious prosecution. See MALICIOUS. PROSECUTE.