KFLCC Kingdom Law 2nd Ed.

962

PROVISION

PROVOCATION

exchange 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 br usurped by the pope. In French law. Provision is an allow ance or alimony granted by a judge to one of the parties in a cause for his or her main tenance until a definite judgment is render ed. Dalloz. In English history. A name given to certain statutes or acts of parliament, par ticularly those intended to curb the arbi trary or usurped power of the sovereign, and also to certain other ordinances or dec larations having the force of law. See infra. —Provisions of Merton. Another name for the statute of Merton. See MERTON, STATUTE OF.— Provisions of Oxford. Certain provi sions made in the Parliament of Oxford, 1258, for the purpose of securing the execution of the provisions of Magna Charta, against the inva sions thereof by Henry III. The government of the country was in effect committed by these provisions to a standing committee of twenty four, whose chief merit consisted in their repre sentative character, and their real desire to effect an improvement in the king's government. Brown.— Provisions of Westminster. A name given to certain ordinances or declara tions promulgated by the barons in A. D. 1259, for the reform of various abuses. Temporary; prelimi nary; tentative; taken or done by way of precaution or ad interim. —Provisional assignees. In the former prac tice in bankruptcy in England. Assignees to whom the property of a bankrupt was assigned until the regular or permanent assignees were appointed by the creditors.— Provisional com mittee. A committee appointed for a tempo rary occasion.— Provisional government. One temporarily established in anticipation of and to exist and continue until another (more regular or more permanent) shall be organized and instituted in its stead. Chambers v. Fisk, 22 Tex. 535.— Provisional order. In Eng lish law. Under various acts of parliament, certain public bodies and departments of the government are authorized to inquire into mat ters which, in the ordinary course, could only be dealt with by a private act of parliament, and to make orders for their regulation. These orders have no effect unless they are confirmed by an act of parliament, and are hence called "provisional orders." Several 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 immediate occasion; one adapted to meet a particular exigency. Par ticularly, 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, appoint ment of a receiver, attachment, or arrest. The term is chiefly used in the codes of practice. See McCarthy v. McCarthy, 54 How. Prac. (N. Y.) 100; Witter v. Lyon, 34 Wis.574; Snavely v. Abbott Buggy Co., 36 Kan. 106, 12 P a c 522. PROVISIONAL.

—Provisional seizure. A remedy known un der the law of Louisiana, and substantially the same in general nature as attachment of proper ty in other states. Code Proc. La. 284, et seq. PROVISIONES. La t In English his tory. Those acts of parliament which were passed to curb the arbitrary power of the crown. See PROVISION. PROVISIONS. Food; victuals; articles of food for human consumption. See Bot elor v. Washington, 3 Fed. Cas. 962; In re Lentz (D. C.) 97 Fed. 487; Nash v. Farring ton, 4 Allen (Mass.) 157; State v. Angelo, 71 N. H. 224, 51 Atl. 905. A condition or provision which is inserted in a deed, lease, mortgage, or contract, and on the performance or non performance of which the validity of the deed, etc., frequently depends; it usually be gins with the word "provided." A proviso in deeds or laws is a limitation or exception to a grant made or authority con ferred, the effect of which is to declare that the one shall not operate, or the other be exercised, unless in the case provided. Voorhees v. Bank of United States, 10 Pet. 449, 9 L. Ed. 490. The word "proviso" is generally taken for a condition, but it differs from it in several re spects ; for a condition is usually created by the grantor or lessor, but a proviso by the gran tee or lessee. Jacob. A proviso differs from an exception. 1 Barn. & Aid. 99. An exception exempts, absolutely, from the operation of an engagement or an en actment ; a proviso defeats their operation, con ditionally. An exception takes out of an en gagement or enactment something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Am. Jur. 242. A clause or part of a clause in a statute, the office of which is either to except some thing from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of Its extent Minis v. U. S., 15 Pet. 445, 10 L. Ed. 791; In re Matthews (D. C.) 109 Fed. 614; Carroll v. State, 58 Ala. 396; Waffle v. Goble, 53 Barb. (N. Y.) 522. Proviso est providere prsesentia et fu tnra, non preeterita. Coke, 72. A pro viso is to provide for the present or future, not the past. PROVISO, TRIAL BY. In English practice. A trial brought on by the defend ant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so call ed from a clause in the writ to the sheriff, which directs him, in case two writs come to his hands, to execute but one of them. 3 Bl. Comm. 357. PROVTSOR. In old English law. A pro vider, or purveyor. Spelman. Also a person nominated to be the next incumbent of a benefice (not yet vacant) by the pope. PROVOCATION. The act of inciting an other to do a particular deed. Such conduct PROVISO.