Page:Black's Law Dictionary (Second Edition).djvu/970

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PROVISION

exchange to the drawee in order to meet the hill, or property remaining in the diawec's hands or due from him to the drawer, and appropriated to that purpose.

In ecclesiastical law. A provision was '1 nomination by the pope to an English beneflce before it become void, though the term was afterwards indiscriminately applied to any right of patronage exerted or usurped by the pope.

In French law. Provision is an allow- ance or alimony granted by a judge to one or the parties in a cause for his or her maintenance until a defliiite judgment is rendered. Daiioz.

In English history. A name given to certain statutes or acts of parliament, particuiarly those Lntended to curb the arbitrary or usurped power of the sovereign, and also to certain other ordinances or dec- larations having the force of law. See infra.

—I-‘revisions nf Merton. Another name for the statute of Merton. See ME1rroN_. STATUTE or.—Px-avlaions of Oxford. Certain provi- sions made in the Parliament of Oxford, ‘I258, for the purpose of securing the execution of the provisions of Manna (Vmria. against the inva- sions thereof by Henry III. e government of the country was in elfert committed by these provisions to a standing committee of twenty- fonr, whose chief merit consisted in their representative character, and their real desire to effect an improvement in the l:ins:'s Elli ernment. Br0Wn.—Prov'lsionI of Westminster. name given to certain ordinances or declarations promulizated by the barons in A. D. 1259, for the reform of various abuses.

PROVISIONAL. Temporary; preiimi- nary: tentative; taken or done by way of precaution or ad i1i.terim..

—Prov-isional analgnees. In the former prae~ tics in bankruptcy in England. Assignees to whom the property of a bankrupt was assigned until the regular or permanent assignees were ai.-iiointeél by the creiliiors.—Provisions1 nom- mittcc. A committee app0ll1l:Pd for a tempo- rary occasion—Pravisicmn1 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. 58:'i.—Provlainnal order. In English law. Under various acts of parliament, certain public bodies and departments of the government are authorized to inquire into m.It~ ters nhicb, in the ordinary course. could only be dealt viith by a private act of parliament, and to make orders for their regulation. Tlicse orilcra have no elfect unless they are confirmed hy an act of parliament, and are hence called "provisional orilc-rs." Several orilcrs may be confirnicrl 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 mcet a particular exjgency. Particulariv. a temporary process available to a piaintilf 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. appoint- meat of a receiver, attachment, or arrest. The term is chiefly used in the codcs of practice. See McCarthy v. McCarthy. 54 How. Prac. (N. Y.) 100: Witter v. Lyon, 34 Wis. 574; Snaveiy v. Abhott Buggy 00., 36 Kan. 106, 12 Pac. 522..

962

PROVOCATION

—-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. 234, at :29.

PROVISIONES. Lat. In English lilitor_v. Those acts of parliament which were passed to curb the arbitrary power of the crown. See PROVISION.

PROVISIONS. Food; victuals; articles of food for human consumption. See Botelor v. Washington, 3 Fed. CH5. 962: In re Lentz (D; C.) 97 Fed. 457; Nash v. Fi1l‘l'lllg- tan, 4 Allen (Mnss.) 157: State v. Angela, 71 N. H. 224, 51 Ali. 905.

PROVISO. A condition or provision which is iuserted in a deed, lease, mortgage. or contract, and on the performance or non- performance of which the validity of the deed. et.c., frequently depends; it usually be- gins with the word "provided."

A proviso in deeds or laws is a limitation or exception to a grant made or authority can- ferred, the effect of which is to declare that the one shall not operate, or the other be exercised. unless in the case provided. Voorhees v. Bank of United States. 10 Pet. 449, 9 L Ed. 490

The word "proviso" is genera" taken for a condition, but it dilfers from it in several respects: for a condition is usually created by the graintor or lessor, but a proviso by the grantee or lessee Jacob.

A proviso differs from an exception. 1 Barn. & Aid. 99 An exception exenipta, ahsoiureb. from the operation of an engagement or an enactment: a proviso defeats their operelion, con- uiitiorially. An exception takes out of an en- gagement or enactment something which would otherwise be part of the subject-matter of it. a proviso avoids them by way of defensance or excuse. 8 Am. Jur. 242.

A clause or part of a clalise in a statute the office of which is either to except something from the enacting clause, or to quality or restrain its generality, or to exclude some possible ground or niisinteriiretotion of its extent. Minis v. U. S., 15 Pet. 445, 10 L. Ed. 791: in re Matthews (D. C.) 109 Fed. 614: Carroll v. State. 58 Ala. 396; Waflie v, Gobie. E Barb. (N. Y.) 522.

Proviso eat providers praesentia ct futnra, non prseterita. Coke, 72. A pro~ visa is to provide for the present or future. not the past.

PROVISO, TRIAL BY. In English practice. A trial brougbt on by the defend- ant, in cases where the plalntitf. after issue joined, neglects to proceed to trial; so call- ed from a clause in the writ to the sherltt, which directs him, in case two writs come to his hands. to execute but one or them. 3 Bl. Comm. 357.

PROVISOB. In old English law. A pro- vider, or purveyor. Speinhin. Also a poison nominated to be the next incumbent of I heneiice (not yet vacant) by the pope.

PROVOC-ATION. The act or melting an-

other to do a particular deed. Such conduct