Blacks Law Dict. 1st ed

PROCEEDINGS

PROCHEIN AMI

947

"writs ot execution, " are also commonly de nominated "final process," because they usu ally issue at the end of a suit. Brown. In the practice of the English privy council in ecclesiastical appeals, "process" means an official copy of the whole proceedings and proofs of the court below, which is transmit ted to the registry of the court of appeal by the registrar of the court below in obe dience to an order or requisition requiring him so to do, called a "monition for process," is sued by the court of appeal. Macph. Jud. Com. 173. In patent law. A means or method em ployed to produce a certain result or effect, either by chemical action, by the operation or application of some element or power of nat ure, or of one substance to another, irrespect ive of any machine or mechanical device. In this sense, a "proeess" is patentable. 15 How. 267; 94 U. S. 788. PROCESS OF INTERPLEADER. A means of determining the right to property claimed by each of two or more persons, which is in the possession of a third. PROCESS OP LAW. See DUB PRO CESS OF LAW. PROCESS ROLL. In practice. A roll used for the entry of process to save the stat ute of limitations. 1 Tidd, Pr. 161, 162. PROCESSIONING. A proceeding to determine boundaries, in use in some of the United States, similar in all respects to the, English perambulation, (q. v.) PROCESSUM CONTINUANDO. In English practice. A writ for the continu ance of process after the death of the chief justice or other justices in the commission of oyer and terminer. Beg. Orig. 128. Processus legis est gravis vexatio; executio legis ooronat opus. The pro cess of the law is a grievous vexation; the execution of the law crowns the work. Co. Litt. 2896. The proceedings in an action while in progress are burdensome and vexa tious; the execution, being the end and ob ject of the action, crowns the labor, or re wards it with success. PROCHEIN. L. Pr. Next. A term somewhat used in modern law, and more fre quently in the old law; as prochein ami, prochein cousin. Co. Litt. 10. PROCHEIN AMI. L. FT. Next friend. As an infant cannot legally sue in his own name, the action must be brought by his pro

has been rendered by a tribunal different from that within whose jurisdiction the exe cution is sought. Code Prac. La. art. 732. PROCEEDINGS. Inpractice. The •teps or measures taken in the course of an action, including all that are taken. The proceedings of a suit embrace all matters that occur in its progress judicially. 6 N. Y. 320. PROCEEDS. Issues; produce; money obtained by the sale of property; the sum, amount, or value of property sold or con verted into money or into other property. See 35 N. Y. Super. Ct. 208. PROCEB.ES. Nobles; lords. The house of lords in England is called, In Latin, "Do miu Procerum." PROCES VERBAL. In French law. A written report, which is signed, setting forth a statement of facts. This term is ap plied to the report proving the meeting and the resolutions passed at a meeting of share holders, or to the report of a commission to take testimony. It can also be applied to the statement drawn up by a huissier in relation to any facts which one of the parties to a suit can be interested in proving; for instance, the sale of a counterfeited object. State ments, drawn up by other competent author ities, of misdemeanors or other criminal acts, are also called by this name. Arg. FT. Merc. Law, 570. PROCESS. In practice. This word is generally denned to be the means of compel ling the defendant in an action to appear in court. And when actions were commenced by original writ, instead of, as at present, by writ of summons, the method of compelling the defendant to appear was by w hat was termed "original process," being founded on the original writ, and so called also to distin guish it from "mesne" or "intermediate" process, which was some writ or process which issued during the progress of the suit. The word "process," however, as now commonly understood, signifies those formal instru ments called " writs." The word "process" is in common-law practice frequently applied to the writ of summons, which is the instru ment now in use for commencing personal actions. But in its more comprehensive sig nification it includes not only the writ of sum mons, but all other writs which may be issued during the progress of an action. Those writs which are used to carry the judgments of the courts into effect, and which are termed

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