单词 | to make profert of |
释义 | > as lemmasto make profert of In early use: the production or exhibition of a deed in a court of law; (subsequently) a formal allegation that a deed is produced in court. Esp. in to make profert of: to produce or allege the production of (a document, deed, etc.) in court.By the mid 19th cent., and perhaps for several centuries before this, it was by agreement normally no longer necessary to produce the physical document in court, but only to allege that it had been produced. ΘΚΠ society > law > administration of justice > court proceedings or procedure > evidence > [noun] > production of document production1470 proferta1733 a1733 Ld. Raymond Rep. Courts King's Bench & Common Pleas (1743) 2 1215 The plaintiff had not in the declaration made any profert of the letters testamentary. 1756 Gilbert's Law Evid. (new ed.) 189 Upon every Contract with Solemnity, there is a Profert made of it to the Court, so that it appears to be the same on the Declaration and in the Evidence. 1827 H. J. Stephen Treat. Princ. Pleading (ed. 2) i. 92 Where either party alleged any deed, he is in general obliged, by a rule of pleading..to make profert of such a deed; that is, to produce it in court simultaneously with the pleading in which it is alleged. This, in the days of oral pleading, was of course an actual production in court. Since then, it consists of a formal allegation that he shews the deed in court; it being, in fact, retained in his own custody. 1852 Act 15 & 16 Victoria c. 76 §55 It shall not be necessary to make Profert of any Deed or other Document mentioned or relied on in any Pleading. 1885 L. O. Pike Yearbks. 13 & 14 Edward III Introd. 61 Profert of a deed had been made by the defendant, and..the deed had been denied by the plaintiff. 1987 A. W. B. Simpson Hist. Common Law Contract i. i. 15 So far as the common law was concerned, the profert of a deed as witness of a covenant became essential. < as lemmas |
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