Pbovisional

Temporary; for the time being: as, a provisional — assignee, com- ■ mittee, court, injunction or other remedy. PEOVISIOIfS. See Geoceeies; Health; Maeket; Perishable. The "provisions " of a ship mean articles of food or sustenance: her "stores" include wood, coal, and the like.* Fat cattle,' Indian corn," wine and brandy,' have been held to be provisions. fiEOVISO. See Peovided. PBOVOCATIOM". See Defense, 1. No provocation by words, however opprobrious, will mitigate an intentional homicide, so as to reduce it to manslaughter." In the law of voluntary manslaughter, it is not the degree of the force with which a blow may be struck or an assault inflicted that constitutes " legal provocation," but it consists in an assault or battery of some degree which, under the attending circumstances, or by reason of its force, is calculated to create, and does create, sudden heat and passion.^ No provocation can render homicide justifiable or excusable; but it may reduce it to manslaughter. ^o That circumstances of mitigation must form part of the res gestce has been repeatedly ruled." In an action of trespass for an assault and battery ' United States v. Dickson, ante. 'United States t;. Cook, 17 Wall. 177 (1872), cases: 1 Ld. Bay. ISO; 1 B. & A. 48. 3 Clark V. Lake Shore, &c. E. Co., 94 N. T. S20 (1883). ' Crooke v. Slack, 20 Wend. 177 (1833), Nelson, C. J. 5 United States u Barber, 9 Cranch, 248 (1815); United States V. Sheldon, 8 Wheat. 119 (1817). « Atkinson v. Gatcher, 23 Ark. 103 (1861). ' Mooney v. Evans, 6 Ired. Eq. 363 (1849). "Commonwealth v. Webster, 6 Cush. 805 (1850), Shaw, C. J. » Williams v. Commonwealth, 80 Ky. 316 (1382), Hargis, J. '"Honesty v. Commonwealth, 81 Va. 298 (1886). the defendant cannot.give in evidence, in mitigation of damages, matters of provocation on the part of the plaintiff, unless they happened ooniemporaneously with the assault and battery, or so recently as to induce the presumption that the assault was committed under the immediate influence of the passions excited by the provocation.!