Provisional
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Temporary.
Provisional assignees. Assignees to whom, under former bankrupt laws, the property of a bankrupt was assigned until the regular or permanent assignees were appointed by the creditors. Their place is now supplied, under the English bankrupt law, by the official assignee.
Provisional committee
One appointed for a temporary occasion. Provisional court. When, during the late civil war, portions of the insurgent territory were occupied by the federal forces, the president, as commander-in-chief, as a measure of government of such territory, had power legally to establish therein courts for the determination of controversies and the administration of justice. Therefore the United States provisional court for the state of Louisiana, organized under an order of the president, was authorized to exercise the jurisdiction concrees, and decisions" of a court in cases which would ordinarily have been properly cognizable by the circuit court of the United States should be transferred to "and become the judgments, orders, decrees, and decisions " of that court, a decree in admiralty of the provisional court became a decree of the circuit court, appealable to the supreme court.
The Grapeshot, 9 Wall. 129. Compare Edwards v. Tanneret, 12 WaU. 446.
Provisional remedy
This term has been prominently employed in the New York and other codes of reformed procedure to designate a class of remedies allowed for the purpose of giving plaintiff in a civil action a temporary security, while he prosecutes his action. They are such as arrest, attachment, claim and delivery, injunction, receiver. The phrase provisional remedy does not include the approval of a plaintiff's undertaking in an action of claim and delivery, Nosser v. Corwin, 36 How. Pr. 540.
Provisional seizure
A remedy known under the law of Louisiana, and substantially the same in general nature as attachment of property in other states.