Blacks Law Dict. 1st ed

946

PROCEEDING

PROBATIS EXTREMIS, ETC.

justices in the common pleas shall stay until this writ of procedendo de loquela come to them. So, also, on a personal action. New Nat. Brev. 154. PROCEDURE. This word is commonly opposed to the sum of legal principles consti tuting the substance of the law, and denotes the body of rules, whether of practice or of pleading, whereby rights are effectuated through the successful application of the proper remedies. It is also generally distin guished from the law of evidence. Brown. The law of procedure is what is now com monly termed by jurists "adjective law," (

Probatis extremis, prsesumuntur me dia. The extremes being proved, the inter mediate proceedings are presumed. 1 Greenl. Ev. § 20. PROBATIVE. In the law of evidence. Having the effect of proof; tending to prove, or actually proving. PROBATIVE FACT. In the law of evidence. A fact which actually has the ef fect of proving a fact sought; an evidentiary fact. 1 Benth. Ev. 18. PROBATOR. In old English law. Strictly, an accomplice in felony who to save himself confessed the fact, and charged or accused any other as principal or accessary, against whom he was bound to make good his charge. It also signified an approver, or one who undertakes to prove a crime charged upon another. Jacob. PROBATORY TERM. This name is given, in the practice of the English admiral ty courts, to the space of time allowed for the taking of testimony in an action, after issue formed. PROBATUM EST. It is tried or proved. PROBUS ET LEGALIS HOMO. A good and lawful man. A phrase particular ly applied to a juror or witness who was free from all exception. 3 Bl. Comm. 102. PROCEDENDO. In practice. A writ by which a cause which has been removed from an inferior to a superior court by certi orari or otherwise is sent down again to the same court, to be proceeded in there, where it appears to the superior court that it was removed on insufficient grounds. Co well; 1 Tidd, Pr. 408, 410. A writ which issued out of the common law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the sovereign's name to proceed to give judg ment, but without specifying any particular judgment. Wharton. A writ by which the commission of a jus tice of the peace is revived, after having been suspended. 1 Bl. Comm. 353. PROCEDENDO ON AID PRAYER. If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the

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