Page:The New International Encyclopædia 1st ed. v. 16.djvu/494

* PROCEDtTBE. 426 PEOCIiUS. case bv a jury and in the oilier by the court have been preserved, the same court sits both as a court of law and a court of equity. Inter- locutory or jjrovisional remedies have been cre- ated by which in certain cases the plaintifT is enabled to jjrocure a preliminary writ of attach- ment directed against the property or person of the defendant pending the litigation. Provision is also made for various motions to correct or amend the pleadings and for examination of witnesses and parties before trial; and- the law relating to injunction and receivers is frequently regulated wholly by statute. Various provisions are also made" to' aid in the enforcement of judgments, usually by way of supplementary proceedings for exaniinatitm of the judgment debtor and the appointment of receivers to collect sums due to him and apply them in satisfaction of the judgment. As already suggested, most of the States have adopted codes of procedure or a reformed pro- cedure substantially like the codes in which the law and equity system hae been amalgamated and simplified as far as practicable. Consult: :Martin, Ciinl Procedure at Common Law (1899) ; Clark, Science of Law and Law ilalcin(i; Daniell, Pleading and Practice of the Uifih Court of Chancery (6th Amer. ed., Boston, 1894) ; Shiras, Equity Practice in the United Htatcs Circuit Courts (2d ed., 1898) ; Henry, Admiralty Jurisdiction^ and Procedure (188.5); Bishop, The Law of Criminal Procedure (4th ed., Boston, 189.5) ; Elliot, Criminal Procrdure in Enqland and Hcotlnnd (London, 1878) ; Elliott, Api>rUatr Procedure ( lndiana])nlis, 1892) ; and the works referred to under Comjio.n Law; EQUITY; Code; AniiiRALTY Law; Pleading; etc. PROCESS (OF. proccs, Fr. procds, from Lat. processus, a .going forward, from proccderc. to go forward). In law, a comprehensive term, includ- ing all mandates of a court, in either civil or criminal actions or proceedings, whether directed to an officer thereof, or to an individual. The temi is also sometimes rather loosely employed to designate all the proceedings in an action or legal proceeding, and it is in this sense that it is used in the familiar phrase 'due process of law.' However, the word 'procedure' is a much better term for that purpose, as it includes many steps in an action which could not strieth' he termed process, as, for example, the argument of a case. Process is usually issued in the name and under the seal of a court by an officer there- of, but in some States, where code practice pre- vails, certain processes, such as civil summons and subpoenas, may be issued in the name of the proper court, by an attorney in his capacity as an officer of the court. Under the common-law practice, 'original process' was the original writ by which the action was commenced, and 'mesne process' (q.v.) was that which was issued after- wards and during the progress of the action. Disobedience of process is contempt (q.v.) of court. See Action: Pkoceduee; Si'mmons; SUBPOEN.. In patent law. a process is a mode or manner of necomplishing a particular result by the appli- cation or combination of elements or natural forces. See Patent and Patent Law. PROCESSIONAIi (1IT>. jrrocessionale, from Lat. proeessio. procession, from procedrre. to go forward). The service-book which contains the prayers, hymns, and general ceremonial of the different processions in the Roman Catholic Church. The processional approved for common use is that of Rome, of which many editions have been published. PROCESSION OF THE HOLY GHOST. A theological term used to deserilie the uri,;:iii or proceeding of the third person of the blessed Trinity. In the early Church, controversies were concerned chielly with the second person, and the question as to the origin of the Holy Spirit was not raised. In the form of the Niccno-Constanti- nopolitan creed used by the Greek Church it is said simply that the Holy Ghost -'proceedeth from the Father." This was understood in the Latin Church to mean that, as the Son proceeds from the Father, so the Holy Ghost proceeds from both the Father and Son, and in the course of time the words "and from the Son" Uilitujuc) were added in the churches of the West. The question has always been one of the chief conten- tions between the Latin and (Jreek churches. See FiLioQiTE; Greek Chuech; Creeds and Confessions. PROCH, proG, Heinrich (1809-78). An Aus- trian composer, born at BOhmisch-Leipa. liile studyini- law, he took lessons in music and on the viofin, and finally gave up law for music. In 1837 he became kapellmeister at the Joseph- stiidter Theater, and three years later was ap- pointed to the Court opera, from which post he retired in 1870. In 1844 he produced a three- act opera. Ring und Masle. which was followed by several others. His song eompositions, how- ever, were more popular. Notiible exauqiles are "Von der Alpe tcint das Horn," and "Ein Wander- bursch mit dem Stab in der Hand." He was also highly regarded as a conductor. , PROCHEIN AMI, proshan' a-me'. The old Normnn-l'^rench law phrase for next friend. See Next Fihend. ' PROCIDA, pru'che-da. A small island off the west coast of Italy, situated between the island j of Isehia and the mainland, north of the entrance to the Bay of Naides (ilap: Italy, H 7). It is | about a mile wide and 2 miles long, and of vol- canic origin, but low and flat. Two semicircular bays on the south coast are the remains of sub- ' merged craters. The island is fertile and popu- loust having in 1901 a population of 1.3.9U4, en- gaged in vine and fruit culture and tunny fisheiy. Th'e town of Procida on the east coast lies at the foot of a precipitous rock crowned by a castle. Its pojnilation is 3700. PROCIDA, .Toii-X OF. A tragedy by James i Sheridan Knowles (1840) founded on the history of an Italian physician, who in the Sicilian Vespers lost his only son, Fernando, and finally received the crown. PROCLAMATION OF EMANCIPATION. See 1':mancipatio.n, Proclajiation of. PRO'CLUS (Lat., from Gk. np6Kos.Froklus) (A.D. 410-485). The last important teacher among the Greek Neo-Platonists. He vas born at Constantinople, brought up at Xanthus in Lycia, and first trained in philosophy at Alex- andria by the Aristotelian Olympiodorus. In Athens he was a disciple of the Keo-Platonists Plutarch and Svrianus. and about 450 he suc- ceeded the latter in the chair of philosophy. Hence he received the name Diadochos, the 'Sue-