Page images
[ocr errors][merged small][merged small]

Quasi Contracts.-D. M. Kerly. [A. Wood Renton, Puisne Justice of the Supreme

Court of Ceylon, and J. S. Henderson.]

Queensland. - Alexander Pulling.

*Quo Warranto.-G. H. B. Kenrick.

Railways.-Alexander Pulling.

Rape (and Cognate Offences),-W. F. Craies.

Rates, Church.-W. F. Phillpotts. [J. S. Henderson.]
* Rating.-E. J. Castle, K.C. [Geoffrey Ellis.]
Real Property.–C. W. Greenwood. [C. Johnston Edwards.]
Receivers.-C. Burney, one of the Masters of the Supreme Court of Judicature.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

Rectification.-D. M. Kerly. [A. Wood Renton, Puisne Justice of the Supreme Court

of Ceylon, and J. S. Henderson.)

[blocks in formation]

Reference of Action by Order.--F. A. Stringer, of the Central Office.

Reformatory.--C. A. Montague Barlow.

Refuse, Removal of.-J. V. Vesey FitzGerald, K.C.

Registrar and Merchants.--G. G. Phillimore.

Registrar of Births, Deaths, and Marriages.-J. S. Henderson.
Registration of Deeds.-C. F. Brickdale.
Registration of Title.-C. F. Brickdale.

*Registration of Voters.--G. H. B. Kenrick.

Release.-W. Bowstead.


Relief (Electoral).-G. H. B. Kenrick.

Renewal of Writ.--F. A. Stringer, of the Central Office.

[ocr errors]

Rent; Rent Charge.- J. D. Israel. [C. Johnston Edwards.]

Replevin.- Edgar Foa.

Requisitions on Title.-W. H. Gover.

Reserve Forces.-G. H. Knott. [E. L. de Hart.] Restitution of Conjugal Rights.-H. Durley Grazebrook. Restraint of Marriage.-- J. D. Israel. [N. G. L. Child.]

Restraint of Trade.-D. M. Kerly. [N. G. L. Child.]

Returning Officer.-G. H. B. Kenrick.

Revising Barrister.-G. H. B. Kenrick.



Vol. XI. List of Authors, “ Post Office (The),for “S. W. Casserly” read “S. W.

Add “ Proclamation.” Alexander Pulling.





Proctor.–The word “proctor"—meaning simply one who undertakes the conduct of business for another (procurator)—was in early times used to designate the officer now known as a churchwarden (q.v.). In modern times it is applied to functionaries having disciplinary and other powers in the universities (see UNIVERSITIES); and in certain of the British colonies it is the name for a solicitor. In ecclesiastical law it is used in two distinct connections, namely :

(1) The person appearing for a party in an ecclesiastical suit, in the same manner as a solicitor in a civil one. Various ancient canons and constitutions prescribed that proctors should be properly appointed, with the approbation of the judge signified by affixing his seal, and the consent of the party signified by warrant under his hand, called a proxy; and a similar provision is contained in Canon 129 of 1603, while Canons 130 and 131 forbade proctors to undertake suits without the counsel and advice of an advocate, or to admit a libel or conclude a cause without the knowledge of the advocate retained by the party. The pleading of proxies of appearance by proctors were excepted from the Act against forgeries (5 Eliz. c. 14, 1563) by sec. 12 of the Act. Proctors were formerly a distinct class of legal practitioners, and were admitted to practise in the Court of Arches only after serving a clerkship of seven years, and a proctor in the Arches Court might practise in à diocesan Court of the province without formal admission there. But by 33 & 34 Vict. c. 28, s. 20, 1870, attorneys and solicitors were permitted to act as proctors in all ecclesiastical Courts except the provincial Courts of Canterbury and York and the diocesan Court of London, and the privilege was extended to all ecclesiastical Courts by 40 & 41 Vict. c. 25, s. 17, 1877 (see also CONSISTORY COURT; ADVOCATES, COLLEGE OF).

(2) A representative of the chapter of a cathedral, or of the beneficed clergy of a diocese or archdeaconry, in Convocation (q.v.).

Procuration.-A signature to a bill of exchange by procuration (“ per proc,” or “p. p.") operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent, in so signing, was acting within the actual limits of his authority (Bills of Exchange Act, 1882, s. 25). The person so signing the bill is not personally liable as if he were signing for himself (ibid., VOL. XII.


s. 26), unless the pretended principal is non-existent (Kelner v. Baxter, 1866, L. R. 2 C. P. 174, but quære as to the exception), but he may be liable in damages for FRAUD (Polhill v. Walter, 1832, 3 Barn. & Adol. 114) or breach of warranty of authority (Collen v. Wright, 1857, 27 L. J. Q. B. 215).

Although the notice of procuration puts the taker of the bill upon inquiry as to the extent of the agent's authority, it does not prevent him relying upon any “holding out” of the agent, which estops the principal from denying the agent's authority (Smith v. McGuire, 1858, 3 H. & N. 554).

And if the agent has authority, but abuses it, the abuse does not affect a bond-fide holder for value (Bryart v. Banque du Peuple, [1893] A. C. 170). Whenever the very act of the agent is authorised by the terms of the power of attorney, that is, whenever by comparing the act done by the agent with the words of the power, the act is itself warranted by the terms used, such act is binding on the principal in favour of all persons dealing in good faith with the agent, and they are not bound to inquire into facts aliunde (loc. cit.). See BROKER, and PRINCIPAL AND AGENT.

Procuration Fee.-A sum of money or commission taken by scriveners on effecting loans of money. A solicitor for a mortgagee was, by the 12 Anne, st. 2, c. 16, not allowed to take more than 5s. in the pound as procuration money on a loan by way of mortgage; but by 17 & 18 Vict. c. 90, this restriction is abolished.

As to procuration in ecclesiastical matters, see Phill. Eccl. Law, 2nd ed., p. 1059.

Procuration of Women.-See BROTHEL.

Procureur.-The judicial official at the head of the ministère public attached to every civil, as distinguished from commercial, Court in France. The procureurs of the Court of Cassation and Appeal Courts have the title of procureurs générals, and of the Courts of first instance of procureur de la république. The functions of this officer, who holds his appointment at the discretion of the Government, are to act where the interests of public order require. He is said to exercise l'action publique as opposed to the action privée, which concerns only private interests. All criminal proceedings are brought and carried on in his name and under his supervision, and the preliminary proceedings are in his discretion.

In civil proceedings his function is to observe and make any observations in Court at the close of the hearing which he may think fit, and he is bound by law to give his opinion wherever public order, the State, public property, or a local authority (commune), married women, minors or persons whose legal capacity is under restraint (interdits) are concerned.

The procureur général is assisted by deputies called avocats generaux, and the procureur de la république substituts du procureurs.

It is seen that the functions of the procureur are very different from those of the public prosecutor in England, and that this term is by no means a translation of procureur (see PARQUET).

Procureur and Advocate-General is the official title of the principal law officer, and Substitute Procureur-General of the second law officer of the Crown in MAURITIUS. See also CHANNEL ISLANDS.

« EelmineJätka »