Page:Black's Law Dictionary (Second Edition).djvu/953

Rh

innds. Thus. lands held by cop-arceners are held pro indwiso; that is, they are held undividedly, neither party being entitled to any specific portions of the land so held, but both or all hnvlng a joint interest in the undivided whole. Cowell.

According to his interest; to the extent of his interest. Thus, a third party may be allowed to inter- vene in a suit pro interesse sun.

PRO LESIONS PIDEI. For breach or film 3 Bl. Conim. 52. '

PRO LEGATO. As a legacy; by the title of a legacy. A species of usncaption. Dlg. 41. 8.

PRO MAJOR! OAUTELA. For greater caution: by way of additional security. I'sunlly applied to some art done, or some clause inserted in an instrument, which may not be really necessary, but which will serve to put the matter beyond any question.

PRO NON SCRIPTO. As not written; as though it had not been written; as never written. AmbL 139.

PRO OPERE ET LABORE. For work

and liihor. 1 Coinyns, 18.

PRO PARTIBUS LIB]-JRANDIS. An ancient writ for partition of lands between co-heirs. Reg. Orig. 316.

PRO POSSE 5110. To the extent of his power or ability. Bract. fol. 109.

PRO POSSESSORE. by title of a possessor. 5. 3. 13.

As I1 possessor: Dig. 41. 5. See Id.

Pro possessor-o hnbetur qui dolo in- jnriave desiit possidere. He is esteemed a possessor whose possession has been disturbed by fruud or injury. Off. Exec. 186.

PRO QUERENTE. For the plaintiff.

PRO KATA. Proportionately; according to a certain rate. percentage, or pro- portion. Thus, the creditors (of the same class) of an insolvent estate are to be paid prn ram: that is. each is to receive :1 divi- dend bearing the same ratio to the whole amount of his claim that the aggingnte of assets bears to the aggregate of debts.

PRO RE NATA. For the affair immediutely in hand; adapted to meet the particular occasion. Thus. a course of ]l.]fli(‘l‘1l notion adopted under pressure of the exigecnies of the affair in hand. rather than in con- formity to established precedents, is said to be taken pro re mzta.

PRO SALUTE ANIMIE. For the good of his soul. All prosecutions in the ecclesiastical courts are pro salute uni-niar; hence it

945

PROBABLE

will not be a temporal damage founding an action for siander that the words spoken put any one in dilugcr of such a suit. 3 Stcph. Comm. (7th. Ed.) 309:1. 437; 4 Steph. Comm. 207.

PRO SE. For himself : in his own be- half; in person.

PRO SOCIO. For a partner: the name of an action in behalf of a partner. A titie of the civil law. Dig. 17, 2; Cod. 4, 37.

PRO SOLIDO. For the whole; as one; jointly; without division. Dlg. 50. 17, 141, 1.

PRO TANTO. For so much; for as much as may be; as far as It goes

PRO TEMPORE. For the time being; temporarily: provisionally.

PROAMITA. Lat. great paternal aunt; grandfather.

In the civil law. A the sister of one's

PROAMITA IVIAG-NA. law. A great-great-aunt.

Lat. In the civil

PROAVIA. Lat. grea t-grandmother. 10, 1, 5.

In the civil i.-iw. A Inst. 3, 6, 3; Dig. 38,

PROAVUNCULUS. Lat. In the civil law. A great-grandfathers brother. Inst. 3. 6, 3: Bract. fol. 681).

PROAVUS. great-grandfather. 67, 68.

Lot In the civil law A Inst. 3, 6, 1; Bract. fols.

PROBABILITY. Likelihood: appear- ance of truth; verisimilitude. The likeli- hood of a proposition or hypothesis being true from its conformity to reason or experi- ence, or from superior evidence or arguments adduced in its favor People v. O'Brien, E0 Cal. 1. 62 Pac. 2577; Shaw v. State, 125 Ala. 50. 28 South. 390; State v. Jones, 64 Iowa, 349. 17 N. W. 911, 20 N. W. 470.

PROBABLE. Having the appearance of truth: having the character of probnhilitv: appearing to be founded in reason or experi- ence. Bain v. State, 74 Ala. 39; State v. Thiele, 119 Iowa, 659, 94 N W. 256.

—ProI:nb1e cause. "I'I‘obnble cause" may be defined to be an apparent state of facts found to exist upon reasonable inquiry. (that is, such inquiry as the given case renders convenient and proper.) which would induce a reasonably intelligent and prudent man to believe. in a criminal case, that the accused person had committed the crime charged, or. in a civil case, that a cause of action existed. Also v. Liddcn, 130 Ala. 54$. 30 South. 401: rand v. I-Iinchrnnn, 68 \‘[icli. :’iS\, 30 N. W. (564. 13 Am. St. Rep. 362 Iitclicll v. Wall. 111 Mass. 497: Drlggs v. Burton. 44 Vt. 140; Wanser v. Wyckoit‘, 9 I-Inn (V. Y.) 179: Lxuy v. Mit- chell. 23 Ind. 67: Hutchinson v. Wenzel, 155 Ind. 9. 56 N. E. 845. "I'roliable cause," in malicious prosecution, means the existence of