Blacks Law Dict. 1st ed

PROVE

PROVISIONES

959

PROVE. To establish a fact or hypoth esis as true bj satisfactory and sufficient evidence. To present a claim or demand against a bankrupt or insolvent estate, and establish by evidence or affidavit that the same is cor rect and due, for the purpose of receiving a dividend on it. To establish the genuineness and due exe cution of a paper, propounded to the proper court or officer, as the last will and testament of a deceased person. See PROBATE. PROVER. In old English law. A per son who, on being indicted of treason or fel ony, and arraigned for the same, confessed the fact before plea pleaded, and appealed or accused others, his accomplices in the same crime, in order to obtain his pardon. 4 Bl. Comm. 329, 330. PROVINCE. Sometimes this signifies the district into which a country has been divided; as, the province of Canterbury, in England; the province of Languedoc, in France. Sometimes it means a dependency or colony; as, the province of New Bruns wick. It is sometimes used figuratively to signify power or authority; as, it is the prov ince of the court to judge of the law; that of th« jury to decide on the facts. 1 Bl. Comm. Ill; Tomlins. PROVINCIAL CONSTITUTIONS. The decrees of provincial synods held un der divers archbishops of Canterbury, from Stephen Langton, in the reign of Henry III., to Henry Chichele, in the reign of Henry V., and adopted also by the province of York in the reign of Henry VI. Wharton. PROVINCIAL COURTS. In English law. The several archi-episcopal courts in the two ecclesiastical provinces of England. PROVINCIALE. A work on ecclesias tical law, by William Lyndwode, official principal to Archbishop Chichele in the reign of Edward IV. 4 Reeve, Eng. Law, c. 25, p. 117. PROVINCIALIS. Lat. In the civil law. One who has his domicile in a prov ince. Dig. 50, 16, 190. PROVING OP THE TENOR. In Scotch practice. An action for proving the tenor of a lost deed. Bell. PROVISION. In commercial law. Funds remitted by the drawer of a bill of ex change to the drawee in order to meet the bill, or property remaining in the drawee's

hands or due from him to the drawer, and appropriated to that purpose. In ecclesiastical law. A provision was a nomination by the pope to an English ben efice before it became void, though the term was afterwards indiscriminately applied to any right of patronage exerted or usurped by the pope. In French law. Provision is an allowance or alimony granted by a judge to one of the parties in a cause for his or her maintenance until a definite judgment is rendered. Dal loz. PROVISIONAL ASSIGNEES. Inthe former practice in bankruptcy in England. Assignees to whom the property of a bank rupt was assigned until the regular or per manent assignees were appointed by the cred itors. PROVISIONAL COMMITTEE. A committee appointed for a temporary occa sion. PROVISIONAL ORDER. In English law. Under various acts of parliament, cer tain public bodies and departments of the government are authorized to inquire into matters which, in the ordinary course, could only be dealt with by a private act of parlia ment, and to make orders for their regula tion. These orders have no effect unless they are confirmed by an act of parliament, and are hence called "provisional orders." Sev eral orders may be confirmed by one act. The object of this mode of proceeding is to save the trouble and expense of promoting a number of private bills. Sweet. PROVISIONAL REMEDY. A remedy provided for present need or for the immedi ate occasion; one adapted to meet a particular exigency. Particularly, a temporary process available to a plaintiff in a civil action, which secures him against loss, irreparable injury, dissipation of the property, etc., while the action is pending. Such are the remedies by injunction, appointment of a receiver, at tachment, or arrest. The term is chiefly used in the codes of practice. See 54 How. Pr. 100. PROVISIONAL SEIZURE. A remedy known under the law of Louisiana, and sub stantially the same in general nature as at tachment of property in other states. Code Proc. La. 284, et seq. PROVISIONES. Those acts of parlia ment which were passed to curb the arbitrary power of the crown.

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