proprietary

/praprayat(eh)riy/ A proprietor or owner; one who has the exclusive title to a thing; one who possesses or holds the title to a thing in his own right; one who possesses the dominion or ownership of a thing in his own right. The grantees of Pennsylvania and Maryland and their heirs were called the proprietaries of those provinces

proprietary, adj

/praprayat(eh)riy/ Belonging to ownership; owned by a particular person; belonging or pertaining to a proprietor; relating to a certain owner or proprietor

@ proprietary articles

Goods manufactured under some exclusive individual right to make and sell them. The term is so used in the internal revenue laws of the United States. Ferguson v. Arthur, 117 U.S. 482, 6 S.Ct. 861, 29 L.Ed. 979

@ proprietary capacity

Used to describe functions of a city or town when it engages in a business-like venture as contrasted with a governmental function.

See proprietary functions, below

@ proprietary capital

In accounting, that account in a sole proprietorship which represents the original investment in addition to accumulated profits

@ proprietary duties

Those duties of a municipality which are not strictly governmental duties.

See also governmental duties

@ proprietary functions

Functions which city or town, in its discretion, may perform when considered to be for best interests of its citizens. Sarmiento v. City of Corpus Christi, Tex.Civ.App., 465 S.W.2d 813, 816, 819.

governmental function

"Governmental function" has to do with administration of some phase of government, that is to say, dispensing or exercising some element of sovereignty, while "proprietary function" is one designed to promote comfort, convenience, safety and happiness of citizens. McPhee v. Dade County, Fla.App., 362 So.2d 74, 79.

See also governmental duties

- governmental functions

@ proprietary governments

This expression is used by Blackstone to denote governments granted out by the crown to individuals, in the nature of feudatory principalities, with inferior regalities and subordinate powers of legislation such as formerly belonged to the owners of counties palatine. 1 Bl.Comm. 108

@ proprietary information

In trade secret law, information in which the owner has a protectable interest

@ proprietary interest

The interest of an owner of property together with all rights appurtenant thereto such as the right to vote shares of stock and right to participate in managing if the person has a proprietary interest in the shares. Stroh v. Blackhawk Holding Corp., 48 I11.2d 471, 272 N.E.2d 1

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- proprietary lease

@ proprietary rights

Those rights which an owner of property has by virtue of his ownership. Douglas v. Taylor, Tex.Civ.App., 497 S.W.2d 308, 310.

A right customarily associated with ownership, title, and possession and is an interest or right of one who exercises dominion over a thing or property, of one who manages and controls. Green v. Lewis, 221 Va. 547, 272 S.E.2d 181, 185.

See also proprietary interest, above

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