Provisional

SEIZURE. In Louisiana. A term which signifies nearly the same as attachment of property. It is regulated by the Code of Practice as follows, namely: The plaintiff may, in certain cases, hereafter provided, obtain the provisional seizure of the property which he holds in pledge, or on which he has a privilege, in order to secure a payment of his claim. Code La. art. 284. Provisional seizure may be ordered in the following cases: First, in executory proceedings, when the plaintiff sues on a title importing confession of judgment; second, when a lessor prays for the seizure of furniture or property used in the house, or attached to the real estate which he has leased; third, when a seaman, or other person, employed on board of a ship or water craft, navigating within the state, or person having furnished materials for or made repairs to such ship or water craft, prays that the same may be seized, and prevented from departing, until he has been paid the amount of his claim; fourth, when the proceedings are in rem, that is to say, against the thing itself which stands pledged for the debt, when the property is abandoned or in cases where the owner of the thing is unknown or absent Code La. art. 285. See 6 Mart. (La.; N. S.) 168; 7 Mart. (La.; N. S.) 153; 8 Mart. (La.; N. S.) 320; 1 Mart. (La.) 168; 12 Mart. (La.) 32.

Temporary; preliminary; tentative; taken or done by way of precaution or ad interim.

— Provisional assignees. In the former practice in bankruptcy in England. Assignees to whom the property of a bankrupt was assigned until the regular or permanent assignees were appointed by the creditors.

— Provisional committee. A committee appointed for a temporary occasion.

— Provisional government. One temporarily established in anticipation of and to exist and continue until another (more regular or more permanent) shall be organized and instituted in its stead. Chambers v. Fisk, 22 Tex. 535.

— Provisional order. In English law. Under various acts of parliament, certain public bodies and departments of the government are authorized to inquire into matters which, in the ordinary course, could only be dealt with by a private act of parliament, and to make orders for their regulation. These orders have no effect unless they are confirmed by an act of parliament, and are hence calied "provisional orders." Several orders may be confirmed by one act. The object of this mode of proceeding is to save the trouble and expense of promoting a number of private bills. Sweet.

— Provisional remedy. A remedy provided for present need or for the immediate occasion; one adapted to meet a particular exigency. Particularly, a temporary process available to a plaintiff in a civil action, which secures him against loss, irreparable injury, dissipation of the property, etc., while the action is pending. Such are the remedies by injunction, appointment of a receiver, attachment, or arrest. The term is chiefly used in the codes of practice. See McCarthy v. McCarthy, 54 How. Prae. (N. Y.) 100; Witter v. Lyon, 34 Wis. 574; Snavely v. Abbott Buggy Co., 36 Kan. 106, 12 Pac. 522.

— Provisional seizure. A remedy known under the law of Louisiana, and substantially the same in general nature as attachment of property in other states. Code Proc. La. 284, et seq.

Temporary. Provisional assignees. Assignees to whom, under former bankrupt laws, the property of a bankrupt was assigned until the regular or permanent assignees were appointed by the creditors. Their place is now supplied, under the English bankrupt law, by the official assignee. Provisional committee. One appointed for a temporary occasion. Provisional court. When, during the late civil war, portions of the insurgent territory were occupied by the federal forces, the president, as commander-in-chief, as a measure of government of such territory, had power legally to establish therein courts for the determination of controversies and the administration of justice. Therefore the United States provisional court for the state of Louisiana, organized under an order of the president, was authorized to exercise the jurisdiction concrees, and decisions" of a court in cases which would ordinarily have been properly cognizable by the circuit court of the United States should be transferred to "and become the judgments, orders, decrees, and decisions " of that court, a decree in admiralty of the provisional court became a decree of the circuit court, appealable to the supreme court. The Grapeshot, 9 Wall. 129. Compare Edwards v. Tanneret, 12 WaU. 446. Provisional remedy. This term has been prominently employed in the New York and other codes of reformed procedure to designate a class of remedies allowed for the purpose of giving plaintiff in a civil action a temporary security, while he prosecutes his action. They are such as arrest, attachment, claim and delivery, injunction, receiver. The phrase provisional remedy does not include the approval of a plaintiff's undertaking in an action of claim and delivery, Nosser v. Corwin, 36 How. Pr. 540. Provisional seizure. A remedy known under the law of Louisiana, and substantially the same in general nature as attachment of property in other states.