KFLCC Kingdom Law 2nd Ed.

949

PROCLAMATION

PROCESS

19 Fed. Cas. 718; In re Weston, 17 App. D. C. 436; Appleton Mfg. Co. v. Star Mfg. Co., 60 Fed. 411, 9 C. C. A. 42. —Mechanical process. A process involving solely the application of mechanism or mechan ical principles; an aggregation of functions; not patentable'considered apart from the mech anism employed or the finished product of manu facture. See Risdon Iron, etc., Works v. Med art, 158 U. S. 68, 15 Sup. Ct 745, 39 L. Ed. 899; American Fibre Chamois Co. v. Buckskin Fibre Co., 72 Fed. 514, 18 C. a A. 662; Coch rane v. Deener, 94 U. S. 780, 24 L. Ed. 139. A proceeding to de termine boundaries, in use in some of the United States, similar in all respects to the English perambulation, (q. v.) In English practice. A writ for the continuance of process after the death of the chief jus tice or other justices in the commission of oyer and terminer. Reg. Orig. 128. Processus legis est gravis vexatio; ez ecutio legis coronat opus. The process of the law is a grievous vexation; the execu tion of the law crowns the work. Co. Litt 2896. The proceedings in an action while in progress are burdensome and vexatious; the execution, being the end and object of the ac tion, crowns the labor, or rewards it with success. 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. Next friend. As an infant cannot legally sue in his own name, the action must be brought by his prochein ami; that is, some friend (not being his guardian) who will appear as plaintiff in his name.—Prochein avoidance. Next vacancy. A power to ap point a minister to a church when it shall next become void. PROCESSIONING. PROCESSUM CONTINUANDO. PROCHEIN. L. Fr. Next mentum a will made by a soldier, while girding himself, or preparing to engage in battle. Adams, Rom. Ant 62; Calvin. To promulgate; to an nounce ; to publish, by governmental author ity, intelligence of public acts or transactions or other matters important to be known by the people. The act of causing some state matters to be published or made generally known. A written or printed doc ument In which are contained such matters, issued by proper authority. 3 Inst 162; 1 Bl. Comm. 170. The word "proclamation" is also used to express the public nomination made of any in procinctu, PROCLAIM. PROCLAMATION. PROCHRONISM. An error in chronol ogy ; dating a thing before it happened. PROCINCTUS. Lat In the Roman law. A girding or preparing for battle. Testa

tion of proceedings against him and to com pel his appearance, in either civil or criminal cases. See State v. Guilbert, 56 Ohio St. 575, 47 N. E. 551, 38 L R. A. 519, 60 Am. St. Rep. 756; In re Smith (D. C.) 132 Fed. 303. —Legal process. This term is sometimes used as equivalent to "lawful process." Cooley v. Davis, 34 Iowa, 130. But properly it means a writ, warrant, mandate, or other process issuing from a court of justice, such as an at tachment,* execution, injunction, etc. See In re Bminger, 3 Fed. Cas. 416; Loy v. Home Ins. Co, 24 Minn. 319, 31 Am. Rep. 346; Perry V. Lorillard F. Ins. Co., 6 Lans. (N. Y.) 204; Com. v. Brower, 7 Pa. Dist. R. 255.— Mesne process. As distinguished from final process, this signifies any writ or process issued between the commencement of the action and the suing out of execution. It includes the writ of summons, (although that is now the usu al commencement of actions,) because ancient ly that was preceded by the original writ. The writ of capias ad respondendum was called "mesne" to distinguish it, on the one hand, from the original process by which a suit was formerly commenced; and, on the other, from the final process of execution. Birmingham Dry Goods Co. v. Bledsoe, 113 Ala. 418, 21 South. 403; Hirshiser v. Tinsley, 9 Mo. App. 342; Pennington v. Lowinstein, 19 Fed. Cas. 168. —Original process. That by which a ju dicial proceeding is instituted; process to com pel the appearance of the defendant. Distin guished from "mesne" process, which issues, during the progress of a suit, for some sub ordinate or collateral purpose; and from "final" process, which is process of execution. Appeal of Hotchkiss, 32 Conn. 353.—Process of interpleader. A means of determining the ri<*ht to property claimed by each of two or more persons, which is in the possession, of a third.—Process of law. See DUE PROCESS 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 — Regular process. Such as is issued accord ing to rule and the prescribed practice, or which emanates, lawfully and in a proper case, from a court or magistrate possessing jurisdic tion.—Summary process. Such as is im mediate or instantaneous, in, distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. Gaines v. Travis, 8 N. Y. Leg. Obs. 49.—Trustee process. The name given in some states (particularly in New England) to the process of garnishment or foreign attach ment—Void process. Such as was issued without power in the court to award it, or which the court had not acquired jurisdiction to issue in the particular case, or which fails in some material respect to comply with the requisite form of legal process. Bryan v. Congdon, 86 Fed. 223, 29 C C. A. 670. In patent law. A means or method em ployed to produce a certain result or effect, or a mode of treatment of given materials to produce a desired result, either by chemical action, by the operation or application of some element or power of nature, or of one substance to another, irrespective of any ma chine or mechanical device; in this sense a "process" is patentable, though, strictly speaking, it is the art and not the process which is the subject of patent See Coch rane v. Deener, 94 U. S. 780, 24 L. Ed. 139; Corning v. Burden, 15 How. 268, 14 L. Ed. 683; Westinghouse v. Hoyden Power-Brake Co., 170 U. S. 537, 18 Sup. Ct. 707, 42 L. Ed. 1136; New Process Fermentation Co. v. Maus (C. a) 20 Fed. 728; Piper v. Brown,