KFLCC Kingdom Law 2nd Ed.

961

PROVISION

PROTHONOTARY

form of asseveration which approaches very nearly to an oath. Wolff. Inst Nat § 375. PROTHONOTARY. The title given to an officer who officiates as principal clerk of some courts. Vin. Abr. See Trebilcox v. McAlpine, 46 Hun (N. Y.) 469; Whitney v. Hopkins, 135 Pa. 246, 19 Atl. 1075. PROTOCOL. The first draft or rough minutes of an instrument or transaction; the original copy of a dispatch, treaty, or other document. Brande. A document serving as the preliminary to, or opening of, any diplomatic transaction. In old Scotch, practice. A book, marked by the clerk-register, and delivered to a no tary on his admission, in which he was di rected to insert all the instruments he had occasion to execute; to be preserved as a record. Bell. In France, the minutes of notarial acts were formerely transcribed on registers, which were called "protocols." Toullier, Droit Civil Fr. liv. 3, t 3, c. 6, s. 1, no. 413. PROTOCOLO. In Spanish law. The original draft or writing of an instrument which remains in the possession of the es oribano, or notary. White, New Recop. lib. 8, tit 7, c. 5, § 2. The term "protocolo," when applied to a single paper, means the first draft of an In strument duly executed before a notary,— the matrix,—because it is the source from which must be taken copies to be delivered to Interested parties as their evidence of right; and it also means a bound book in which the notary places and keeps in their order instruments executed before him, from which copies are taken for the use of par ties interested. Downing v. Diaz, 80 Tex. 436, 16 S. W. 53. Lat In the civil law. He who, not being the tutor of a minor, has administered his property or affairs as If he had been, whether he thought himself legal ly invested with the authority of a tutor or not Mackeld. Rom. Law, § 630. PROUT PATET PER RECORDUM. As appears by the record. In the Latin phrase ology of pleading, this was the proper for mula for making reference to a record. PROVABLE. L. Fr. Provable; justi fiable ; manifest Kelham. PROVE. To establish a fact or hypoth esis as true by satisfactory and sufficient evidence. To present a claim or demand against a bankrupt or insolvent estate, and establish by evidence or affidavit that the same is cor rect and due, for the purpose of receiving a dividend on it Tibbetts v. Trafton, 80 Me. 264, 14 Atl. 71; In re California Pac. R. Co., BL.LAW DICT.(2D ED.)—61 PROTUTOR.

4 Fed. Cas. 1060; In re Bigelow, 3 Fed. Cas. 343. To establish the genuineness and due ex ecution of a paper, propounded to the proper court or officer, as the last will and testa ment of a deceased person. See PBOBATE. PROVER. In old English law. A per son who; on being indicted of treason or fel ony, and arraigned for the same, confessed the fact before plea pleaded, and appealed or accused others, his accomplices, in the same crime, in order to obtain his pardon. 4 Bl. Comm. 329, 330. PROVIDED. The word used in introduc ing a proviso (which see.) Ordinarily it sig nifies or expresses a condition; but this is not invariable, for, according to the context, it may import a covenant, or a limitation or qualification, or a restraint, modification, or exception to something which precedes. See Stanley v. Colt, 5 Wall. 166, 18 L. Ed. 502; Stoel v. Flanders, 68 Wis. 256, 32 N. W. 114; Robertson v. Caw, 3 Barb. (N. Y.) 418; Paschall v. Passmore, 15 Pa. 308; Carroll v. State, 58 Ala. 396; Colt v. Hubbard, 33 Conn. 281; Woodruff v. Woodruff, 44 N. J. Eq. 349, 16 Atl. 4, 1 L. R. A. 380. PROVINCE. Sometimes this signifies the district into which a country has been divid ed; as, the province of Canterbury, in Eng land ; the province of Languedoc, in France. Sometimes it means a dependency or colony, as, the province of New Brunswick. It is sometimes used figuratively to signify pow er or authority; as, it is the province of the court to judge of the law; that of the jury to 'decide on the facts. 1 Bl. Comm. Ill; Tomlins. PROVINCIAL CONSTITUTIONS. The decrees of provincial synods held under di vers archbishops of Canterbury, from Steph en Langton, in the reign of Henry III., to Henry Chichele, in the reign of Henry V., and adopted also by the province of York in the reign of Henry VI. Wharton. PROVINCIAL COURTS. In English law. The several archi-episcopal courts In the two ecclesiastical provinces of England. PROVINCIALE. A work on ecclesias tical law, by William Lyndwode, official prin cipal to Archbishop Chichele in the reign of Edward IV. 4 Reeve, Eng. Law, c. 25, p. 117. PROVTNCIALIS. Lat In the civil law. One who has his domicile In a province. Dig. 50, 16, 190. PROVING OF THE TENOR. In Scotch practice. An action for proving the tenor of a lost deed. Bell. PROVISION. In commercial law. Funds remitted by the drawer of a bill of