Law Dictionary

Every thing that issues from a hostile country is, prima facie, the property of the enemy; and it is incumbent upon the claimant to support the negative of the proposition. But if

The legality of a capture is open for question and examination, till a competent jurisdiction has decided the question, and a decree passes for condemnation as prize; then, and not

See Sales; Lottery. PRO BONO PUBLICO (Lat). For the public good. PRO CONFESSO (Lat. as confessed). In Equity Practice. A decree taken where the defendant has either never appeared

By the general law of prize, property engaged in an illegal intercourse with the enemy, is deemed enemy property. It is of no consequence whether it belong to an ally or to a citiz

In old English law. A preparatory oath.

Lat. In Roman law. A payment in advance of the whole or part of the share which a given heir would be entitled to receive out of an inheritance; corresponding generally to "advance

Aforesaid. Sometimes abbreviated to prcefat. and p. fat. See Pb^dictus. PR^MUNIRE. To forewarn; to summon. The emphatic word of a writ issued in old English law, to begin the prose

In English law. The name of an offense against the king and his government, though not subject to capital punishment. So called from the words of the writ which issued preparatory

Lat. Forename or first name. The first of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly written with one letter; as "A

In Latin phrases. A preposition meaning "for."

Lat. In the civll law. A great paternal aunt; the sister of one's grandfather.

Lat. In the Civll law. A great-great-aunt.

For and against. A phrase descriptive of the presentation of arguments or evidence on both sides of a disputed question.

Cat In the civll law. A great-grandmother. Inst 3, 6, 3; Dig. 38, 10, 1, 5.

Lat In the civll law. A great-grandfather's brother. Inst. 3, 6, 3; Bract fol. 68b.

Lat. In the civil law. A great-grandfather. Inst. 3, 6, 1; Bract, fola. 67, 68.

Likeness to truth; the likelihood that a thing is thus or so.

Likelihood; consonance to reason; for sample, there is a strong probability that a man of good moral character, and who has heretofore been remark, able for truth, will, when exami

With more evidence for the fact than against it. See 74 Iowa, 545, 7 Am. St. Rep. 499, 38 N. W. 405.

the facts and circumstances within their [the arresting officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a ma

the magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the under

There is a large difference between the two things to be proved (guilt and probable cause) * * * and therefore a like difference in the quanta and modes of proof required to establ

Presumptive evidence is so called, from its foundation in probability. Butler, Anal. Introd. PROBABLE REASONING (l,a.t. argumentum verisimile). In the law of evidence. Reasoning fo

In the law of evidence. Reasoning founded on the probability of the fact or proposition sought to be proved or shown ; reasoning in which the mind exercises a discretion in deducin

The necessity of proving lies upon him who sues.

In Saxon law. To Claim a thing as one's own. Jacob. In modern law language. To make proof, as in the term "onus probandi," the burden or duty of making proof.

By the common law, the exclusive right to entertain jurisdiction over wills of personal estate, belongs to the ecclesiastical Courts; and before any testamentary paper of personalt

The proof of, or proceedings in preying, a will before the proper authorities; v. Court, 25, 51, 79, 110.

One required by law to be given to the probate court or judge, as incidental to proceedings in such courts, such as the bonds of executors, administrators, and guardians. See Thoma

The body or system of law relating to the estates of deceased persons, and of persons under guardianship.

See Court of Probate.

See "Court of Probate."

The jurisdiction of the Courts of Probate appears to be confined to cases which seek a settlement and an accounting for effects presumed to be in the possession of the representati

That division of the English high court of justice which exercises jurisdiction in matters formerly within the exclusive cognizance of the court of probate, the court for divorce a

A tax laid by government on every will admitted to probate, and payable out of the decedent's estate.

A tax laid by the government on the gross value of the personal property of the deceased testator.

See HOMESTEAD.

Such jurisdiction as ordinarily pertains to probate, orphans', or surrogates' courts, including the establishment of wills, the administration of estates, the supervising of the gu

The judge of a probate court.

So far as the assets in Georgia are concerned the Georgia judgment of probate is in rem; so far as it affects personalty beyond the state, it is in personam and can bind only parti

a federal court has no jurisdiction to probate a will or administer an estate, the reason being that the equity jurisdiction conferred by the Judiciary Act of 1789, 1 Stat. 73, and

The settlement of estates, including granting of letters testamentary or of administration, the collection of assets, allowance of claims, payment -of debts, the sale of real estat

The proof before an officer or court authorized by law that an instrument offered to be proved or recorded is the last will and testament of the_ deceased person whose testamentary

Proof.

Dead proof; that

Probation is the attempted saving of a man who has taken one wrong step, and whom the judge thinks to be a brand who can be plucked from the burning at the time of the imposition o

One who is upon trial. A convicted offender who is aliowed to go at large, under suspension of sentence, during good behavior.

Proofs ought to be evident, that is plain and easily understood.

Co. Litt. 283. Proofs ought to be evident, to-wit, perspicuous and easily understood.

An officer intrusted with the care of minor delinquents.

An effort to encourage good behavior in a convicted criminal by granting a deduction from his sentence or in case of its being his first offence, releasing him on condition that, f

In the civil law. Full proof; proof by two witnesses, or a public instrument. Halifax, Civ. Law, bk, 3, c. 9, No. 25; 3 Bl. Comm. 370.

In the civil law. Half -full proof; half -proof. Proof by one witness, or a private instrument. Halifax, Civ. Law, bk. 3, c. 9, No. 25; 3 Bl. Comm. 370.

Living proof; that is, proof by the mouth of living witnesses.

PRAESU.MITUR media. The extremes being proved, the intermediate proceedings are presumed. 1 Greenl. Ev. § 20.

The extremes having been proved, matters between are presumed.

The extremes being proved, the intermediate proceedings are presumed. 1 GreenL Ev. § 20.

In the law of the evidence. Having the effect of proof.

In the law of evidence. A fact which adtually has the effect of proving a fact sought; an evidentiary fact. 1 Benth. Jud. Ev. 18.

In old Eiigllsh law. Strictly, an accomplice in felony who, to save himself, confessed the fact, and charged or accused any other as principal or accessary, against whom he was bou

In the British courts of admiralty, after the issue is formed between the parties, a time for taking the testimony is assigned. This is called a "probatory term." This term is comm

Lat It is tried or proved.

The term “probe-start metal halide ballast” means a ballast that— (A) starts a probe-start metal halide lamp that contains a third starting electrode (probe) in the arc tube; and (

Honorable and lawful men, i. e., jurymen.

Justice; honesty. A man of probity is one who loves justice and honesty, and who dislikes the contrary. Wolff Dr. Nat. § 772. PROCEDENDO (Lat.) In practice. A writ by habeas corpus

LI In old English law. A good man. Probus et legalis homo: a good and lawful man, — a phrase particularly applied to a juror or witness free from exception. ProbI homines: good men

For good and for evil. PRO CONFESSO (Lat. as confessed). In equity practice. A decree taken where the defendant has either never appeared in the suit, or, after having appeared, ha

For the public good.

A good and lawful man, i. e., as a juror or witness.

An order remitting a cause back from a superior to an inferior court whence it came, directing further proceedings therein. See 6 Johns. (N. Y.) 337.

A king’s writ directing the court to proceed in a real action in response to an aid prayer. See Aid prayer .

If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay un

Once it is determined, as we have, that the parties are obligated to submit the subject matter of a dispute to arbitration, 'procedural' questions which grow out of the dispute and

For purposes of this subsection, the term “procedural disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of whic

When the rate-making agency of the state gives a fair hearing, receives and considers the competent evidence that is offered, affords opportunity through evidence and argument to c

a determination of guilt or innocence by the jury, an advisory sentence by the jury, and an actual sentence imposed by the trial judge.

the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them

Three acts of parliament passed in 1852, 1854, and 1860, for the amendment of procedure at common law. Moz. & W. They have been largely superseded by the Judicature Acts of 1873 an

must be taken to mean the procedure that would have been followed if the election had been held on that date

In this subsection, the term “procedure rooms” includes rooms in which catheterizations, angiographies, angiograms, and endoscopies are performed, except such term shall not includ

to move forward, generally with the distinctive connotation of moving forward from a particular point.

the regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment.

“proceeding before an agency of the United States” means any proceeding before such an agency with respect to which it is authorized to issue subpenas and to take testimony or rece

The proceeding, then, upon the petition and affidavit, was in reality a proceeding in abatement, and not in bar of the plaintiff's debt or right of recovery.

An order of the bankruptcy court vacating a restraining order against prosecution of a suit in a state court is, like a stay order itself, a proceeding in bankruptcy.

The proceeding in rem which is within the exclusive jurisdiction of admiralty is one essentially against the vessel itself as the debtor or offending thing,—in which the vessel is

That term (proceedings) is comprehensive. It includes all steps taken or which may be taken in the state court or by its officers from the institution to the close of the final pro

Such proceedings do not necessarily constitute a cause in admiralty. When instituted for condemnation of property on land, they have relation exclusively to matters which, in their

That term is comprehensive. It includes all steps taken or which may be taken in the state court or by its officers from the institution to the close of the final process. It appli

those matters of an administrative character, including questions between the bankrupt and his creditors, which are presented in the ordinary course of the administration of the ba

proceedings 'in personam,' that is, where the defendant is a person, not a ship or some other instrument of navigation

Whenever the res is seized in admiralty proceedings proper, or in revenue or other proceedings partaking of that character, the property is condemned and sold, and with the distrib

Proceedings legislative in nature are not proceedings in a court, within the meaning of Rev. Stat. § 720, no matter what may be the general or dominant character of the body in whi

Such proceedings are not in rem; they seek only to establish rights; judgments therein do not deal with the property and other distribution; they adjudicate questions which precede

A proceeding for the examination of a debtor as a supplement to judgment or execution is a summary substitute for a suit in equity by a creditor for the discovery of assets.

profits," the plurality opinion's interpretation would frustrate Congress' intent and maim a statute that was enacted as an important defense against organized criminal enterprises

when the ship is lawfully sold, the purchaser takes an absolute title devested of all liens, and that the liens are transferred to the proceeds of the ship, which, in the sense of

Municipal magistrates.

I. fr. Proceeding; mode of proceeding. Proces-verbal: a relation duly attested of what has been said or done in presence of an of Scer.

any means used by a court to acquire or exercise its jurisdiction over a person or over specific property.