PROTESTATION. An asseveration made by taking God to witness. A protestation is a form of asseveration which approaches very nearly to an oath. Wolff, Inst. 375.
PROTHONOTARY. The title given to an officer who officiates as principal clerk of some courts. Vin Ab. h. t.
2. In the ecclesiastical law, the name of prothonotary is given to an officer of the court of Rome, he is so called because he is the first notary1; the Greek word prootos signifying primus or first. These notaries2 have preeminence3 over the other notaries, and, are put in the rank of prelates. There are twelve of them. Dict. de Jur. h. t.
PROTOCOL4, civil law, international law. A record or register. Among the Romans, protocollunt was a writing at the head of the first page of the paper used by the notaries or tabellions. Nov. 44.
2. In France the minutes of notarial5 acts were formerly6 transcribed7 on registers, which were called protocols8. Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 6, s. 1, n. 413.
3. By the German law it signifies the minutes of any transaction. Eneye. Amer. Protocol. In the latter sense the word has of late been received into international law. Ibid.
PROTUTOR, civil law. He who not being the tutor of a pupil or minor9, has administered his property or affairs as if he had been, whether he thought himself legally invested with the authority of a tutor, or not.
2. He who marries a woman who is tutrix, becomes, by the marriage, a protutor. The protutor is equally responsible as the tutor.
PROUT PATET PER RECORDUM. As appears by the record. This phrase is frequently used in pleading; as, for example, in debt on a judgment10 or other matter of record, unless when it is stated is an inducement, it is requisite11 after slowing the matter of record, to refer to it by the prout patet per recordum. 1 Chit. Pl. *356.
PROVINCE. Sometimes this signifies the district into which a country has been pided; as, the province of Canterbury, in England 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 power or authority; as, it is the province of the court to judge of the law, that of the jury to decide on the facts.
PROVISION, com. law. The property which a drawer of a bill of exchange places in the hands of a drawee; as, for example, by remittances12, or when the drawee is indebted to the drawer when the bill becomes due, provision is said to have been made. Acceptance always presumes a provision. See Code de Comm. art. 115, 116, 117.
PROVISION, French law. An allowance granted by a judge to a party for his support; which is to be paid before there is a definitive13 judgment. In a civil case, for example, it is an allowance made to a wife who is separated from her hushand. Dict. de Jurisp. h. t.
