PROFERT IN CURIA (Lat. he pro duces in court : sometimes written profert in curiam with the same meaning). In Plead ing. A declaration on the record that a party produces the deed under which he makes title in court. In ancient practice, the deed itself was actually produced ; in modern times, the allegation only is made in the declaration, and the deed is then constructively in pos. session of the court. 3 Salk. 119 ; 6 Mann. & G. 277 ; 11 Md. 322.
Profert is, in general, necessary when either party pleads a deed and claims rights under it, whether plaintiff, 2 Dutch. N. J. 293, or defendant, 1-7 Ark. 279, to enable the court to inspect and construe the instrument pleaded, and to entitle the adverse party to oyer thereof, 10 Coke, 92 b; 1 Chitty, Plead, 414 ; 1 Archbold, Pract. 164, and is not necessary when the party pleads it without making title under it. Gould, Plead. c. 7, p. 2, 47. But IL party who is actually or presumptively un able to produce a deed may plead it without profert, as in suit by a stranger, Comyns, Dig. Pleader, 0 8 ; Croke Jac. 217 ; Croke
Car. 441; earth. 316, or one claiming title by operation of law, Coke, Litt. 225 ; Bacon, Abr. Pleas (I 12) ; 5 Coke, 75 ; or where the deed is in the possession of the adverse party or is lost. In all these ce.ses the special facts must be shown, to excuse the want of profert. See Gould, Plead. c. 8, p. 2 ; Lawes.
Plead. 96 ; 1 Saund. 9 a, note. Profert and oyer are abolished in England by the Com mon Law Procedure Act, 15 & 16 Viet. c. 76 ; and a provision exists, 14 & 15 Viet. c. 99, for allowing inspection of all documents in the possession or under the control of the party against whom the inspection is asked. See 25 Eng. L. & Eq. 304. In many of the states of the United States profert has been abolished, and in some instances the instru ment must be set forth in the pleading of the party relying upon it. The operatioia of profert and oyer, where allowed, is to make the deed a part of the pleadings of the party producing it. 11 Md. 322; 3 Crunch, 234. Bee 7 Cranch, 176.