Legal Term Dictionary

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 More...

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. Ia 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 called "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. Prac. (N. Y.) 100; Witter v. Lyon, 34 Wis. 574; Snavely v. Abbott Buggy Co., 30 Kan. 106, 12 Pac. 522. -Provisional seisnre. 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 acq. Less...

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

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

Food; victuals; articles of food for human consumption. See Bot-elor v. Washington, 3 Fed. Cas. 962; In re Lentz (D. Cf) 97 Fed. 487; Nash v. Farring-ton, 4 Allen (Mass.) 157; State v. Angelo, 71 N. H. 224, 51 Ati. 905.

Food; victuals; articles of food for human consumption. See Bot-elor v. Washington, 3 Fed. Cas. 962; In re Lentz (D. Cf) 97 Fed. 487; Nash v. Farring-ton, 4 Allen (Mass.) 157; State v. Angelo, 71 N. H. 224, 51 Ati. 905. Less...

A condition or provision which is inserted in a deed, lease, mortgage, or contract and on the performance or nonperformance of which the validity of the deed, etc., frequently depends; it usually begins with the word "provided." A proviso in deeds or laws is a limitation or exception to a More...

A condition or provision which is inserted in a deed, lease, mortgage, or contract and on the performance or nonperformance of which the validity of the deed, etc., frequently depends; it usually begins with the word "provided." A proviso in deeds or laws is a limitation or exception to a grant made or authority conferred, the effect of which is to declare that the one shall not operate, or the other be exercised, unless In tbe case provided. Voorhees v. Bank of United States, 10 Pet. 449, 9 IA Ed. 490. The word "proviso" is generally taken for a condition, but it differs from it in several respects; for a condition is usually created by the grantor or lessor, but a proviso by the grantee or lessee. Jacob. A proviso differs from an exception. 1 Barn. A Aid. 99. An exception exempts, absolutely, from the operation of an engagement or an enactment : a proviso defeats their operation, conditionally. An exception takes out of an engagement or enactment something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Am. Jur. 242. A clause or part of a clause in a statute, the office of which is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation 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; Waffle v. Goble, 53 Barb. (N. Y.) 522. Proviso est providere prsssentia et fn-tnra, non prseterita. Coke, 72. A proviso is to provide for the present or future, not the past. Less...

In English practice. A trial brought on by the defendant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so called from a clause in the writ to the sheriff, which directs him, in case, two writs come to his hands, to execute but one of More...

In English practice. A trial brought on by the defendant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so called from a clause in the writ to the sheriff, which directs him, in case, two writs come to his hands, to execute but one of them. 3 Bl. Comm. 357. Less...

In old English law. A provider, or purveyor. Spelman. Also a person nominated to be the next incumbent of a benefice (not yet vacant) by the pope.

In old English law. A provider, or purveyor. Spelman. Also a person nominated to be the next incumbent of a benefice (not yet vacant) by the pope. Less...

The act of inciting another to do a particular deed. Such conduct or actions on the part of one person towards another as tend to arouse rage, resentment, or fury in the latter against the former, and thereby cause him to do some illegal act against or in relation to More...

The act of inciting another to do a particular deed. Such conduct or actions on the part of one person towards another as tend to arouse rage, resentment, or fury in the latter against the former, and thereby cause him to do some illegal act against or in relation to the person offering the provocation. See State v. Byrd, 52 S. C. 480, 30 S. E. 482; Ruble v. People, 67 111. App. 43a Less...

The principal magistrate of a royal burgh in Scotland; also a governing officer of a university or college.

The principal magistrate of a royal burgh in Scotland; also a governing officer of a university or college. Less...

In English law. An officer of the royal navy who had the charge of prisoners taken at sea, and sometimes also on land. In military law, the officer acting as the head of the military police of any post, camp, city or other place in military occupation, or district under More...

In English law. An officer of the royal navy who had the charge of prisoners taken at sea, and sometimes also on land. In military law, the officer acting as the head of the military police of any post, camp, city or other place in military occupation, or district under the reign of martial law. Less...

Lat In the civil law. A broker; one who negotiated or arranged the terms of a contract between two parties, as between buyer and seller; one who negotiated a marriage; a match-maker. Calvin.

Lat In the civil law. A broker; one who negotiated or arranged the terms of a contract between two parties, as between buyer and seller; one who negotiated a marriage; a match-maker. Calvin. Less...