Page:Black's Law Dictionary (Second Edition).djvu/963

Rh

First notary. See Pao- -raoaorrsar.

To utter formally, odi-

clally, and solemnly; to declare aloud and in a formal manner. In this sense a court is said to "pronounce" judgment or a sentence. See Ex parte Crawford. 36 Tex. Cr. R. 180. 36 S. W. 92.

PRONUNC-IATION. or decree. Kelham.

Li. Fr. A sentence

PEONIIRUS. Lat In the civil law. The wife or a grandson or great-grandson. Dig. 33. 1o_ 4. 6.

PROOF. Proof, in civil process. is a sufficient reason for the truth or a juridical proposition by which 11 party seeks either to maintain h.1s own claim or to defeat the claim of another. \’\-‘hart. Ev. 9 1.

Proof is the effect of evidence; the estab- iishment of a fact by evidence. Code Civ. Proc. Cal. 5 1824. And see Nevling v. Com., 98 Pa. 328; Titt v. Jones. 77 Ga. 181. 3 S. E. 399; Poweil v. State. 101 Ga. 9. 29 S. E. 300, 65 Am. St. Rep. 277: Jastrzemllskl V. Viarxhansen. 120 Mich. 677, 79 N. W. 935.

Aylific defines "judicial proof" to be a clear nnd evident declaration or demonstration of a matter which was before doubtful, conveyed in a judicial manner by flt and proper arguments, and likewise by all other legal mctliods—First, hy fit and proper arguments. such as conjectures, presnmptions. iodide, and other admin- icnlar wavs and means; secondly, by legal methods, or methods according to law, such as witilijessesgguhlic instruxnents, and the like. AyL

Rf. m.

For the distinction between "proof," "evi- dence." "be1ler," and ‘‘testimony,’' see EVI- DENCE.

—Burden of proof. See that t.itle.—I‘ull proof. See FUI.L.—Hnlf proof. See HALF. —P1-elhnlnary proof. See PR.ISL'l_‘iIINARY.— Positive proof. Direct or affirmative proof; that which directly establishes the fact in question: as opposed to nrgnfivc proof, which estahiishes the fact by showing that its opposite is not or cannot be true. Niles v. Rhodes. 7 Mich. 378; Falkner v. BE-br. 75 Ga. 674: Sclirack v. McKnight. 84 Pa. 30.—Pi-not of debt. The formal estabiishment by a creditor of his deht or ciaim. in some prescribed mauncr. (as, by his aflirlavit or otherwise.) as a pre- liminary to its allowance, along with others, against an estate or p'l'O]'l!‘l‘t_V to be divided, such as the estate of a bankrupt or insolvent, I deceased person, or a firm or company in liquidation.—Proof of will. A term having the same meaning as "probate." (q. u.,) and used interchangeably with it.

PROPATRUUS. Lot. A great-grandfathers brother. Bract. fol. 68b.

—Propatru11s magnus. great-great-uncle.

In the civil law. Inst. 3, 6, 3;

In the civil law. A PROPER. That which is fit, suitable.

adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hep-

955

PROPERTY

hurn. 2 Duv. (Ky.) 20; Wcstfield v. Warren. 8 N. J. Law, 251.

Peculiar; naturally or essentially belong ing to a person or thing; not common; appropriate; one's own.

—Px-aper feuds. In feudal law, the original and_gennine feuds held by purely military serv_ice.—P1-oper parties. A proper party, as distinguished from a necessary party, is one who has an interest in the subject-matter of the litigation, which may be conveniently settled therein; one without whom a subs-tnntisl decree may be made, but not a decree which shall completely settle all the questions which may be involved in the controversy and conclude the rights of all the persons who have any interest in the snhject of the Lltigation. See Kelley v. Boettcber, 85 Fed. 55, 29 C. C. A. 14; Tatum v. Roberts, 59 Minn. 52, 00 N. W. 848.

PROPERTY. Rightful dominion over external objects; ownership: the unrestricted and exclusive right to a thing; the right to dispose of the substance of a thing in every legal way, to possess it. to use it, and to exclude every one else from interfering with it. Mackeld. Rom. Law, § 265.

Property is the highest right a man can have to anything: being used for that right which one has to lands or tenements. goods or chatteis. which noway depends on another man's courtesy. Jaokson ex dam. Pearson v. Housel. 17 Johns. 281, 283.

A right imparting to the owner a power of indefinite user. capable of being transmitted to uniiersal successors by way of descent, and imparting to the owner the power of disposition, from himself and his successors per mm- ncrxitatem. nnd_ from all other persons who have a apes 8lA(‘C€:?5Zl0flri»S under any existing concession or disposition. in favor of such peison or series of persons as he may choose, with the like cnfiacities and powers as he had himself, and un er such conditions as the municipal or particular law aliows to be annexed to the dispositions of private persons. Aust. Jnr. (Campbell's Ed.] 5 1103.

The right of property is that sole and despotic dominion which one man ciaims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. It consists in the free use. en- joyment, and disposal of all a person's acquisitions, without any control or diminution save only by the laws of the land. 1 BL Comm. 138; 2 Bl. Comm. 2, 15.

The word is also commonly used to denote any external object over which the right or property is exercised. In this sense it is a very wide term, and Includes every ciass of acquisitions which a man can own or have an interest in. See Scranton v. Wiieelei~, 179 U. S. 14.1, 21 Sup. Ct. 48, 45 L. Ed 126; Law- rence v. I-Iennessey, 165 Mo. 659, 65 S. W. 717; Boston & L R. Corp. v. Salem & L. R. Co., 2 Gray (Mass), 35; National Tel. News Co. v. Western Union Tel. Co.. 119 Fed. 294. 56 C. C. A. 198, 60 L. R. A. 805; Hamilton V. Rathlione. 175 U. S. 414, 20 Sup. Ct. 155, 44 L. Ed. 219; Stanton v. Lewis, 26 Conn. 449: Wilson v. Ward Lumber Co. (0. C.) 67 Fed. 674.

—Absolute property. In respect to chattcis personal property is said to be "al)snlnte" where a roan has. solely and exciusirely, the right and also the occupation of any movable chattels, so