Black's Law Dictionary

In practice. This word Is generally defined to be the means of compelling the defendant in an action to appear in court. And when actions were commenced by original writ, instead o

A proceeding to determine boundaries, in use in some of the United States, similar in all respects to the English perambulation, (q. v.)

A means of determining the rlsht to property claimed by each of two or more persons, which is in the possession of a third.

See Due Process of Law.

In practice. A roll used for the entry of process to save the statute of limitations. 1 Tidd, Pr. 161, 162

In English practice. A writ for the continuance of process after the death of the chief justice or other justices in the commission of oyer and terminer. Reg. Orig. 128.

The process of the law is a grievous vexation ; the execution of the law crowns the work. Co.. Litt. 289b. The proceedings in an action while In progress are burdensome and vexatio

In French law. A written report, which is signed, setting forth a statement of facts. This term is applied to the report proving the meeting and the resolutions passed at a meeting

U Fr. Next A term somewhat used in modern law, and more frequently in the old law; as prochein ami, prochein cousin. Co.. Litt. 10. —Prochein ami. Next friend. As an infant cannot

Next friend. As an infant cannot legally sue la his own name, the action must be brought by his prochein amt; that is, some friend (not being his guardian) who will appear as plain

Next vacancy. A power to appoint a minister to a church when it shall next become void.

An error In chronology ; dating a thing before it happened.

Lat. In the Roman law. A girding or preparing for battle. Testamentum in procinctu, a will made by a soldier, while girding himself or preparing to engage in battle. Adams, Rom. An

To promulgate; to announce ; to publish, by governmental authority, 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 document in which are contained such matters, issued by proper authority. 3 Inst

A proclamation made by the lord of a manor (thrice repeated) requiring the heir or devisee of a deceased copyholder to present himself, pay the fine, and be admitted to the estate;

The notice or proclamation which was made after the engrossment of a fine of lands, and which consisted in its being openly read in ceurt sixteen times, viz., four times in the ter

In old English law. When an exigent was awarded, a writ of proclamation issued, at the same time, commanding the sheriff of the county wherein the defendant dwelt to make three pro

In old English law. A proclamation to be made by the sheriff commanding the attendance of a person who had neglected to obey a subpœna or attachment in chancery. If he did not surr

A proclamation whereby recusants were formerly convicted, on non-appearance at the assizes. Jacob.

An officer of the English court of common pleas.

For confessed; as confessed. A term applied to a bill in equity, and the decree founded upon it, where no answer is made to it by the defendant. 1 Barb. Ch. Pr. 96.

For counsel given. An annuity pro consilio amounts to a condition, but in a feoffment or lease for life, eta, it is the consideration, and does not amount to a condition; for the s

Lat In the Roman law. Originally a consul whose command was prolonged after his office had expired. An officer with consular authority, but without the title of "consul." The gover

In behalf of the bsdy of the reaim. Hale, Co.m. Law, 3Z

The generation of children. One of the principal ends of marriage is the procreation of children. Inst tit. 2, in pr.

On account of failure of blood.

A procurator, proxy or attorney. More particularly, an officer of the admiralty and ecclesiastical courts whose duties and business correspond exactly to those of an attorney at la

They who are chosen and appointed to appear for cathedral or other collegiate churches; as also for the common clergy of every diocese, to sit in the convocation house in the time

Thewriting or instrument which authorizes a procurator to act Cowell; Termes de la Ley.

Sp. In Spanish law, an officer appointed to make inquiry, put a petitioner in possession of land prayed foe, and execute the orders of the executive in that behalf. See Lecompte v.

Lat. To take care of another's affairs for him or in his behalf ; to manage; to take care of or superintend.

Lat. Management of another's affairs by his direction and in hls behalf; procuration; agency.

Dav. Ir. K. B. 1. Procuration is the providing necessaries for the bishops, who, in traveling through their dioceses, visit the churches subject to thein.

Agency; proxy; the act of constituting another one's attorney in fact; action under a power of attorney or other constitution of agency. Indorsing a bill or note "by procuration" (

Dav. Ir. K. B. 6. There is no prescription against procuration.

In ecclesiastical law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis. Dig. 3, 39, 25; Ayl. Par. 429.

In the civil law. A proctor; a person who acts for another by virtue of a procuration. Dig. 3, 3, 1. In old English law. An agent or attorney ; a bailiff or servant A proxy of a lo

The old name for church-wardens. Paroch. Antlq. 562.

In Scotch law, this is the title of the public prosecutor for each district, who institutes the preliminary inquiry into crime within his district. The office is analogous, in some

Proctor (attorney) in his own affnir, or with reference to his own property. This term is used in Scotch law to denote that a person is acting under a procuration (power of attorne

In old English law. The procuratory or instrument by which any person or community constituted or delegated their procurator or proctors to represent them in any judicial court or

In the civil law. One who by command of another institutes and carries on for him a suit. Vicat, Voc. Jur.

In the civil law. An attorney in fact; a manager of business affairs for another person.

In Roman law. A provincial officer who managed the affairs of the revenue, and had a judicial power in matters that concerned the revenue. Adams, Rom. Ant. 178.

In Scotch law. A form of proceeding by which a vassal authorizes the feu to be returned to his superior. Bell. It is analogous to the surrender of copyholds in England.

In old English law. A female agent or attorney in fact. Fleta, lib. 3, c. 4, § 4.

In criminal law, and in analogous uses elsewhere, to "procure" is to initiate a proceeding to cause a thing to be done; to instigate; to contrive, bring about, effect or cause. See

A pimp; one that procures the seduction or prostitution of girls. They are punishable by statute in England and America.

In French law. An attorney ; one who has received a commission from another to act on his behalf. There were in France two classes of procureurs: Procureurs ad negotia, appointed b

In French law, is a public prosecutor, with whom rests the initiation of all criminal proceedings. In the exercise of hls office (which appears to include the apprehension of offen

In French law. An officer of the imperial court, who either personally or by hls deputy prosecutes every one who ls accused of a crime according to the forms of French law. Hls fun

For want (failure) of purchasers.

For or in case of, default of issue. 2 Salk. 620.

For want of an heir.

For defect or want of justice. Fleta, llb. 2, c. 62, § 2.

For the defendant. Commonly abbreviated "pro def."

As derelict or abandoned. A species of usucaption in the civll law. Dig. 41, 7.

A term said by Tomlins to be frequently applied In the ancient books to the barons of the reaim, particularly as constituting a council or administration or government. It ls proba

In consideration of the royal dignity. 1 Bl. Comm. 223.

Lat. In Roman law. A prodigui; a spendthrift; a person whose extravagant habits manifested an Inability to administer his own affairs, and for whom a guardian might therefore be ap

Treason; treachery.

A traitor.

Treasonably. This is a technical word formerly used in. indictments for treason, when, they wore written in Latin. Tomlins.

As divided; i. e, in severalty.

As master or owner; in the character of master. Calvim

As a glft; as in case of gift; by title of gift. A species of usucaption in the civil law. Dig. 41, 6. See Id. 6, 3, 13, 1.

As a dowry; by title of dowry. A species of usucaption. Dig. 41, 9. See Id. 5, 3,13, 1.

To bring forward; to show or exhibit; to bring into view or notice; as, to produce books or writings at a trial in obedience to a subpoena duces tecum.

A person whose occupation it is to buy or sell agricultural or farm products. 14 U. S. St. at Large, 117; U. S. v. Simons, 1 Abb. (U. S.) 470, Fed. Cas. No. 16,291.

The party calling a witness under the old system of the English ecclesiastical courts.

In political economy. The creation of objects which constitute wealth. The requlsites of production are labor, capital, and the materials and motive forces afforded by nature. Of t

In pleading. The formula, "and therefore he brings his suit," etc., with which declarations always conclude, Steph. PI. 428, 429.

In old English law. Production of suit; the production by a plaintiff of his secta or witnesses to prove the allegations of his count See 3 BI. Comm. 295.

As a purchaser; by the title of a purchaser. A species of usucaption. Dig. 41, 4. See Id. 5, 3, 13, L

In pleading. For this that. This is a phrase of affirmation, and is sufficiently direct and positive for introducing a material averment. 1 Saund. 117, no. 4; 2 Chit. PI. 369-393.

For the fact; as a fact; considered or held as a fact.

A nominal amercement of a plaintiff for his false claim, which used to be inserted in a judgment for the defendant. Obsolete.

That which has not been consecrated. By a profane place is understood one which is neither sacred nor sanctified nor religious. Dig. 11, 7, 2, 4.

In a profane manner. A technical word in indictments for the statutory offense of profanity. See Updegraph V. Com., 11 Serg. & R. (Pat) 394.

Irreverence towards sacred things; particularly, an irreverent or blasphemous use of the name of God; punishable by statute in some jurisdictions.

Lat. In the civil law. That which descends to us from our ascendants. Dig. 23, 3, 5.

In old English law. An offer or proffer; an offer or endeavor to proceed in an action, by any man concerned to do so. Cowell. A return made by a sheriff of his accounts into the ex

L. Lat. He produces in court In old practice, these words were inserted in a declaration, as an allegation that the plaintiff was ready to produce or did actually produce, in court

A publlc declaration respecting something. Cod. 10, 41, 6. In ecclesiastical law. The act of entering into a religious order. See 17 Vim Abr. 545. Also a calling, vocation, known e

In Lat. In aid English law. Profits; especially the "issues and profits" of an estate in land. See Co. Litt 142.

In civil engineering, a drawing representing the elevation of the various points on the plan of a road or the like, above some fixed elevation. Pub. St Mass. 1882, p. 1294.

The gain or loss arising from goods bought or sold, or from carrying on any other business, the former of which, in book-keeping, is placed on the creditor's side; the latter on th

1. The advance in the price of goods sold beyond the cost of purchase. The gain made by the sale of produce or manufactures, after deducting the value of the labor, materials, rent

These, which are also called "rights of common." are rights exercised by one man in the soil of another, accompanied with participation in the profits of the soil thereof; as right

As a matter of form. 3 East, 232; 2 Kent, Comm. 245.

Lat. In the civll law. A grandson-in-law. Dig. 38, 10, 4, 6.

That state of a business which is neither the commencement nor the end. Some act done after the matter has commenced, and before it is completed. Plowd. 343.

For this turn; for this one particular occasion.

It is forbidden for any one to do or make on his own [land] what may injure another's. 9 Coke, 59a.

Those degrees of relationship by consanguinity which are so close that marriage between persons related to each other in any of such degrees is forbidden by law. See State v. Guito

A judicial writ which used to be Addressed to a tenant, prohibiting him from waste, pending suit Reg. Jud. 21; Moore, 917.

In practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the s

Those impediments to a marriage which are only followed by a punishment, but do not render the marriage null. Bowyer, Mod. Civll Law, 44.

For that turn. 8 Wils. 233, arg.