Procuration
Encyclopedia
Procuration is the action of taking care of, hence management, stewardship, agency. The word is applied to the authority or power delegated to a procurator, or agent, as well as to the exercise of such authority expressed frequently by procuration (pro persona), or shortly per pro., or simply p.p.
A common usage of per procurationem occurs in business letters, which are often signed on behalf of another person. For example, given a secretary authorized to sign a letter on behalf of the president of a company, the signature takes the form:
or
Commonly in practice, an alternative form is used:
The correct usage is the subject of some debate. It has been understood as both "through the agency of" and "on behalf of". http://law.ato.gov.au/atolaw/view.htm?docid=PSR/PS200210/NAT/ATO/00001 http://www.wordwizard.com/phpbb3/viewtopic.php?f=28&t=7221
The reason for this is that the meaning of the phrase per procurationem is ambiguous if used with undeclinable English names.
Procuratio is related to the words "pro" (for/on behalf of/instead of) and "cura" (care/attention). It is thus close in meaning to "agency" - acting instead of someone. The phrase 'per procurationem' thus means "by/through agency".
Note that the phrase does not contain a preposition "of". This is because this idea would be expressed through the genitive case in Latin. With time, Latin or Latinized names fell out of usage, and the genitive case of the agent's name (in English of Mr X") was thus lost.
The original would look like this:
or
This seems to be the most simple and logical reading.
The other option is that "per procurationem" could be understood as a complete adverbial phrase in itself - "by the agency", without a dependent genitive. However, this would mean that two people signed the letter, one in his own person, one "by the agency of another" (without that other being expressly indicated).
In ecclesiastical law, procuration is the provision of necessaries for bishop
s and archdeacon
s during their visitations of parochial churches in their dioceses. Procuration originally took the form of meat, drink, provender, and other accommodation, but was gradually changed to a sum of money. Procuration is an ecclesiastical due, and is therefore suable only in a spiritual court. In those dioceses where the bishops estates have vested in the ecclesiastical commissioners procurations are payable to the commissioners who, however, have abandoned their collection (Phillimore, Ecc. Law, 2nd ed., 1895, pp. 1051, 1060).
Procuration is also used specifically for the negotiation of a loan
by an agent for his client, whether by mortgage
or otherwise, and the sum of money or commission paid for negotiating it is frequently termed the 'procuration fee'.
Finally, English criminal law makes the provision or attempted provision of any person under twenty-one years of age for the purpose of illicit intercourse (prostitution
) an offence, known as procuration - compare procuring
.
A common usage of per procurationem occurs in business letters, which are often signed on behalf of another person. For example, given a secretary authorized to sign a letter on behalf of the president of a company, the signature takes the form:
-
- p.p. Secretary's Signature
- President's Name
or
-
- President's Name
- p.p. Secretary's Signature
Commonly in practice, an alternative form is used:
-
- Secretary's Signature
- p.p. President's Name
The correct usage is the subject of some debate. It has been understood as both "through the agency of" and "on behalf of". http://law.ato.gov.au/atolaw/view.htm?docid=PSR/PS200210/NAT/ATO/00001 http://www.wordwizard.com/phpbb3/viewtopic.php?f=28&t=7221
The reason for this is that the meaning of the phrase per procurationem is ambiguous if used with undeclinable English names.
Procuratio is related to the words "pro" (for/on behalf of/instead of) and "cura" (care/attention). It is thus close in meaning to "agency" - acting instead of someone. The phrase 'per procurationem' thus means "by/through agency".
Note that the phrase does not contain a preposition "of". This is because this idea would be expressed through the genitive case in Latin. With time, Latin or Latinized names fell out of usage, and the genitive case of the agent's name (in English of Mr X") was thus lost.
The original would look like this:
-
- Praeses
- per procurationem Secretarii
or
-
- Josephus Bloggus Senior
- per procurationem Josephi Bloggi Junioris (by agency of Joe Bloggs Jr.)
This seems to be the most simple and logical reading.
The other option is that "per procurationem" could be understood as a complete adverbial phrase in itself - "by the agency
In ecclesiastical law, procuration is the provision of necessaries for bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s and archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
s during their visitations of parochial churches in their dioceses. Procuration originally took the form of meat, drink, provender, and other accommodation, but was gradually changed to a sum of money. Procuration is an ecclesiastical due, and is therefore suable only in a spiritual court. In those dioceses where the bishops estates have vested in the ecclesiastical commissioners procurations are payable to the commissioners who, however, have abandoned their collection (Phillimore, Ecc. Law, 2nd ed., 1895, pp. 1051, 1060).
Procuration is also used specifically for the negotiation of a loan
Loan
A loan is a type of debt. Like all debt instruments, a loan entails the redistribution of financial assets over time, between the lender and the borrower....
by an agent for his client, whether by mortgage
Mortgage loan
A mortgage loan is a loan secured by real property through the use of a mortgage note which evidences the existence of the loan and the encumbrance of that realty through the granting of a mortgage which secures the loan...
or otherwise, and the sum of money or commission paid for negotiating it is frequently termed the 'procuration fee'.
Finally, English criminal law makes the provision or attempted provision of any person under twenty-one years of age for the purpose of illicit intercourse (prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
) an offence, known as procuration - compare procuring
Procuring
Procuring may refer to:* Procurement, a business process to acquire goods or services* Procuring , the act of aiding a prostitute in the arrangement of a sex act with a customer...
.