Procedendo

In practice. A writ by which a cause which has bcen removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be proceeded in there, where it appears to the superior court that it was removed on insufficient grounds. Cowell; 1 Tidd, Pr. 408, 410; Yates v. Pcople, 6 Johns. (N. Y.) 446. A writ which issued out of the common-law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the sovereign's name to proceed to give judgment, but without specifying any particular judgment. Wharton. A writ by which the commission of a justice of the peace is revived, after having been suspended. 1 Bl. Comm. 353.

— Procedendo on aid prayer. If one pray in nid 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 until this writ of procedendo de loquela come to them. So, also, on a personal action. New Nat. Brev. 154.

I For proceeding; a writ by which a cause removed to a superior court by certiorari, or otherwise, is sent back to the inferior court to be proceeded in.

In English law. A writ by which the commission of a justice of the peace is revived. Procedendo ad judicium: a writ issuing from the common-law side of chancery where the judges of a subordinate court delayed judgment commanding them to proceed. Procedendo in loquela: a writ from the king authorizing the judges to proceed in an action concerning title after an aid-prayer.

For proceeding: to proceed. I Reno V. Mc Cully, 65 Iowa, 632 (1885), Reed, J. > Gaines v. Fuentes, 92 U. S. 21 (1875). » Ellis V. Davis, 109 U. S. 485, 494-98 (1883), Matthews, Judge. < Davis V. Gaines, 104 U. S. 391-96 (1881), cases. » Broderick's Will, 21 Wall. 509-14 (1874), cases, Bradley, J. • Lloyd V. Wayne Circuit Judge, 56 Mich. 236 (1886);. 24 Am. Law Reg. 790, 794-96 (1886), cases. ' Public Works v. Columbia College, 17 Wall. 531 (1873), Field, J.; Davis v. Hudson, 29 Minn. 34 (1881); A writ by which a court of review remits to the inferior court a cause removed on insufficient ground. A writ of procedendo ad judicium (to judgment) issues out of the court of chancery, when the judges of any subordinate court delay the parties, as by not giving judgment. In such case a procedendo will be awarded, commanding them to proceed to judgment, but without specifying the form.^

/. 1. A writ to remove a cause, which has been taken to the superior court on certiorari or otherwise, back to the inferior court. 2. Procedendo ad judicium: a writ issuing from the common-law side of Chancery to a subordinate court which delayed judgment, directing it to give judgment for one side or the other. 3. Procedendo in loquela: a writ from the King authorizing the judges to proceed in an action concerning title after an aid-prayer. 4. A writ to revive the commission of a justice of the peace, suspended by a supersedeas.

For proceeding. The name of a writ by which, when a cause has been removed from an inferior to a superior court (as by certiorari), and the grounds of removal appear to the superior court to be insufficient, the cause may be remitted to the inferior com-t, to be proceeded in there to final hearing and determination. The term was also applied, in English practice, to a writ issued out of the common-law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, not giving judgment either on the one side or on dicium was awarded, commanding the inferior court to proceed to give judgment, but without specifying any particular judgment; for that, if erroneous, might be set aside by proceedings in error, or by a writ of false judgment; and, upon further neglect or refusal, the judges of the inferior court might be punished for their contempt by writ of attachment. Wharton.