Page:Black's Law Dictionary (Second Edition).djvu/957

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tion of proceedings against him and to compel his appearance, in cithcr civil or criminal See State v. Guilbert. 56 Ohio St. 575. . 51. 38 L. R. A. F

19. 60 Am. Ht.

. , In re Smith (D. C.) 132 Fed. 303. —Legal process. This term is s metinics i.'iSl"l as eqiiiiaient to “inn ful proces. ' Cooley V. Davis. 34 lovi a. 130. But properly it means a writ, warrant, mantiulc, or other process issuing from a court of jus ce. such as an uttriehtrient. exemition, injunr-ti n, etc. See In re bininger. 3 Fed. (‘as. -116: Loy v. 1' ins. Co.. 24 Minn. 319. 31 Am Rep. 3-iii; I’:-rry v. Loriliard F. Ins. (‘o., G Lnns. IV \ ) 20-1; Com. v. Browcr, 7 Pa. Dist. R. .— Mesne process. As distinguished from fiiiui pi-mus. this signifies nny writ or process lssiicd b.-tween the commenccnicnt of the action and the suing out of (‘Vet-iitiou. It includes the writ of summons. (although that is now the _risii- al comment-enieut of actions.) because ancient- I_v that was preceded by the original \\ rit. The writ of canine «rd rcrpondcndiim, was c'iilcd “niesne" to (iIRi'ilJ_El'|iSl] it. on the one hand, from the original process by which a suit was formerly commenced‘, nnil. on the other, from "iv final -iroci-ss of execution. Birrain.-zlium Dry G-ads Co. v. Hledsoe. J13 Aiii, 418, 21 South. 403: Hirshiser v '1 islcy. 9 '\ln. App. 342; PEnIlllL"fi0lJ v. Lnivinstein. 19 Fed. Cu. 163. -01-igiual process. That by which a ju- dirial proceeding is instituted: process to comp.-i the appearance of the defendant. Distin- ishe from “nicsne” ss, which issues, iii in: the DI'OEi'(‘S.= of a sii , for some sub- or purpose: and from “final" process, which is process execution. Aiipenl of tlntciil '<i’_’ Conn. .—Proeess of Interplemler. A neans of determining the ri~ht to property Cifllliil-‘fi by each of two or more persons, which is in the possession of 4.1 thirE|.—P1-or-ess of law. Sec DUE I'nocEss or LAW.—P1-ocess roll. In practice. A roli used for the entry of pincnss to save the st. rite of limitations. 1 Tidti, Pr. 161. Regular process. Such as is issued iiccor - in: to rule and the prr=s(‘1'ibcd practice. or i\'hich eninnutes. lawfully und in a proper case, from I1 court or magistrate possessing jurisdiction.—Summnry process. Such as is im- mediate or instantaneous. in distinction from the ordinary course, by emanating and tnking eiiect without intermediate applications or delays. Giiincs v. Travis. Y. Leg. Obs. ‘l9.—'l‘rustee process. The name given in some states (particularly in New England) to the process of gumisiiment or foreign attach- inent—-Void process. Such as wzis issucd viithout power in the court to award it, or vihich the court had not acquired jurisdiction to issue in the purticuliir case, or which fails in SDIJJC material respect to comply uith the 1'l‘QI.L|Sil€ form of legal airocess. Bryan v. Cougilon, 86 Fed. 2"3, 29 ‘ C. A. 670.

In patent law. A means or method employed to produce a certain result or eflect, or II mode of treatment of given materials to Droduce a desired result. either by cheinicai action, by the operation or application of some element or power of nature, or of one substance to nnother. irrespective of any ma- chine or mechanical device; in this sense a “process" is patentahle. though, strictly speaking. it is the art and not the process which is the subiect of patent. See Coch- rane v. Dconer, 94 U. S. 750, 24 L. Ed. 139; Corning v. Burden. 15 I-loiv. 263, 14 II. Ed. GS‘-1: Westinghouse v. Boyden Power—Ri-aire (.‘n.. 170 U. S. 537. 18 Sup. Ct. 707, -12 L. Ell. 1136; New Process Fermentation Co. v. Mans (C. C.) 20 Fed. 728; Piper v. Brown,


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19 Fed. Cas. 718; In re Weston, 17 App. D. C. 436; Appleton Mfg. Co. v. Star Mfg. C0,, 60 Fed. 4.11,9C.C.A.42.

—ZMeclisuii:al process. A process involving solely the applicntmh of mechanism or mechan- ical pl'il'iCI])it‘S; an aggregation of functions; not patentubie considered apart from the mech- anism employed or the finished product of l:D"luu- fiu-tui'e Sec Ilisdon Iron. etc., Works v. Med- art. 158 U. S. CS, 15 Sup. CL 745. 39 L. Ed '. , Ame i_an Fibre Chamois CO. v. Buckskin Fibre CLL. 721 Fed. 514, 18 C. C. A. G 2; Coch- raue v. Deener. 94 U. S. 730. 24 L. Ed. 13).

PROCESSIONING. A proceeding to determine boundaries. in use in some of the United States siini.iar i.n all respects to the English peranibulation, (a. v.)

PROCESSUM CONTINUANDO. In English practice. A -writ for the continuance of process after the death of the chief justice or other justices in the commission of 01/er and ternihier. Reg. Orig. 128.

Procesnus legis est gravis vexatio; ex- eoutio leg-is cox-oust opus. The process of the law is a grievous vexution: the execution of the low crowns the work. Co. Lltt. 25912. The proceedings in an action while in progress are burdensome and vexatlous; the execution. being the end and object of the action, crowns the labor, or rewards it with SUCCESS.

I-‘ROCHEIN. L. Fr. Next. A term

somewhat used in modern law, and more fre- quently i.n old law; as pruclieiii unit‘, proclicin cousin. Co. Litt. 10. —Pi-ocliein amt. Next friend. As an infant cannot legally sue in his own name, the action must be brought by his j)1'(l(.’IH.‘ii'l iimi; that is. some friend (not being his guardian) viho niii appear as plaintiff in his nauic.—Px'ocI1ei.n avoidance. i\'cxt vacancy. A power to appoint a minister to a church when it shall next become void.

FROG!-IRONISM. An error in chronol- ogy; dating a thing before it happened.

PROCINCTUS. Lat. In the l{0ll):llJ1RW. A girdmg or preparing for battle. Testo- mcntil-ii'i in proc-Ziirtn, a will made by a soldier, while himself, or preparing to engage in battle. Adams. Ilom. Ant. 62; Calvin.

PROCLAIM. To promulgate; to announLe: to publish, by go\'erurueiital authority. intelligence of public acts or tiausar-lions or other matters inipornint to be known by the people

PROCLAMATION. The act of causing some state matters to be published or made generally known. A written or printed doc- ument in which are (‘outlined such matters, issued by proper authority. 3 Inst. 16 ; 1 Bl. Comm. 170.

The \’i[1i'(i "proclamation" is also used to

expres the public nomination made of any