Proceeding

In its general acceptation, the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments, and of executing. It includes certified copies of pleadings on which the case was tried.

School Dist No. 49 v. Cooper, 44 Neb. 714, 62 N. W. 1084.

Ordinary proceedings intend the regular and usual mode of carrying on a suit by due course at common law. Summary proceedings are those where the matter in dispute is decided without the intervention of a jury; these must be authorized by the legislature, except, perhaps in cases of contempt, for such proceedings are unknown to the common law. In TJ. S. v. Bell, 81 Fed. 830, the question was suggested whether proceedings before pension commissioners are judicial proceedings within the meaning of R. S. § 860, which provides that evidence obtained from a party or witness shall not be used against him in any criminal proceeding. The court passed the question without deciding it, though apparently inclined to the affirmative. In Louisiana there is a third kind of proceeding, known by the name of executory process (q. v.). In New York the code of practice divides remedies into actions and special proceedings. An action is an ordinary proceeding in a court of justice, by which one party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. Every other remedy is a special proceeding. erty. Goods purchased with money arising from the sale of other goods, or obtained on their credit, are proceeds of such goods.

2 Pars. Marit. L. 201; Bened. Adm. 290.

The sum, amount, or value of goods sold, or converted into money. Whart. Diet. Proceeds does not mean necessarily money; Phelps v. Harris, 101 U. S. 380, 25 L. Ed. 855. PROCERES (Lat.). The name by which the chief magistrates in cities were formerly known.

St. Armand, Hist. Eq. 88. PR0C&S- VERBAL.

In French Law. A true relation in writing in due form of law, of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office. The procds-verbal should be dated, contain the name, qualities, and residence of the public functionary who makes it, the cause of complaint, the facts tending to prove the existence of the crime, that which serves to substantiate the charge, point out its nature, the time, the place, the circumstances, state the proofs and presumptions, describe the place, — in a word, everything calculated to ascertain the truth. It must be signed by the officer. Dalloz, Diet. See Juge D’ Instruction.