PROBATION1. The evidence which proves a thing. It is either by record, writing, the party's own oath, or the testimony3 of witnesses. Proof. (q. v.) It also signifies the time of a novitiate; a trial. Nov. 5.
PROBATOR. Ancient English law. Strictly4, an accomplice5 in felony, who to save himself confessed the fact, and charged or accused any other as principal or accessary, against whom he was bound to make good his charge. It also signified an approver, or one who undertakes to prove a crime charged upon another. Jacob's Law Dict. h. t.
PROBATORY TERM. In the British courts of admiralty, after the issue is formed between the parties, a time for taking the testimony is assigned, this is called a probatory term.
2. This term is common to both parties, and either party may examine his witnesses. When good cause is shown the term will be enlarged. 2 Bro. Civ. and Adm. Law, 418 Dunl. Pr. 217.
PROBI ET LEGALES HOMINES. Good and lawful6 men; persons competent in point of law to serve on juries. Cro. Eliz. 654, 751; Cro. Jac. 635; Mart. & Yerg. 147; Hardin, 63; Bac. Ab. Juries, A.
PROBITY7. Justice, honesty. A man of probity is one who loves justice and honesty, and who dislikes the contrary. Wolff, Dr. de la Nat. 772. ,
PROCEDENDO, practice. A writ2 which issues where an action is removed from an inferior to a superior jurisdiction8 by habeas corpus, certiorari or writ of privilege, and it does not appear to such superior court that the suggestion upon which the cause has been removed, is sufficiently9 proved; in which case the superior court by this writ remits10 the cause to the court from whence it came, commanding the inferior court to proceed to the final hearing and determination of the same. See 1 Chit. R. 575; 2 Bl. R. 1060 1 Str. R. 527; 6 T. R. 365; 4 B. & A. 535; 16 East, R. 387.
PROCEEDING11. In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments13 and of executing.
2. Proceediugs are ordinary and summary. 1. By ordinary proceedings14 are understood the regular and usual mode of carrying on, a suit by due course at common law. 2. Summary proceedings are those when the matter in dispute is decided15 without the intervention16 of a jury; these must be authorized17 by the legislature, except perhaps in cages of contempts, for such proceedings are unknown to the common law.
3. In Louisiana, there is a third kind of proceeding, known by the name of executory proceeding, which is resorted to in the following cases: 1. When the creditor18's right arises from an act importing a confession19 of judgment12, and which contains a privilege or mortgage in his favor. 2. When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code of Practice, art. 732.
4. In New York the code of practice divides remedies into actions and special proceedings. An action is a regular judicial20 proceeding, in which one party prosecutes21 another party for the enforcement or protection of a right, the redress22 or prevention of a wrong, or the punishment of a public offence. Every other remedy is a special proceeding. 2.
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