PROCEDURE 



4831 



PROCTOR 



If no objections are raised the will is entered, 

 with the sanction of the court, and the execu- 

 tors must give bond, if required, to proceed 

 with the administration of the estate according 

 to the provisions of the will. See WILL; AD- 

 MINISTRATOR. 



PROCEDURE, prose'dure, a legal term 

 which refers to the various steps taken in con- 

 ducting a suit in a civil or criminal court. The 

 action in a civil suit begins with an issuance 

 of a writ of summons, which demands that the 

 defendant appear in court. The formal state- 

 ments of the positions taken by the defendant 

 and by his opponent, called the plaintiff, con- 

 stitute the pleadings. Then comes the argu- 

 ment of the issue. If the facts in the case are 

 admitted, but the counsel for the defense de- 

 nies that there is sufficient cause for action 

 against the defendant, a demurrer is entered. 

 The decision in this case rests with the judge, 

 for the point at issue is one of law. If the facts 

 are questioned, the decision must be rendered 

 by the jury, which acts according to the evi- 

 dence presented. 



The arrest of a person accused of crime is 

 the first step in a criminal case. Then follows 

 an examination before the proper officer, who 

 either discharges the accused or orders further 

 investigation by the grand jury. If the grand 

 jury finds that the evidence warrants it, an in- 

 dictment is entered against the accused, and he 

 is held for trial before a petit jury. Between 

 the preliminary examination and the grand jury 

 investigation, and between the indictment and 

 the trial, the accused is confined in jail or is 

 released on bail. In case of such serious crimes 

 as wilful murder and treason, bail is not 

 granted. The evidence presented during the 

 trial is weighed by the jury, and a verdict of 

 guilty or not guilty is rendered at the close. If 

 the prisoner is found guilty he is sentenced by 

 the judge in conformity with the law. The jury 

 may sometimes make recommendations. 



The defeated party in a civil suit may apply 

 to a higher court for a new trial, and this privi- 

 lege is also granted the defendant in a criminal 

 suit. A defendant declared not guilty of a 

 criminal offense cannot be retried on the same 

 charge. 



Consult Lewson's Pleading, Practice and For in t 

 at Common Law. 



i:. i.-n.-.i taftlctti The reader Is referred to 

 the following articles In these volumes : 

 Appeal Demurrer 



Indictment 



Ball Jury and Trial by Jury 



Court* Writ 



PROC'TER, ADELAIDE ANNE (1825-1864), an 

 English poet, daughter of Bryan Waller Proc- 

 ter, was born in London. Charles Dickens had 

 much to do with making her known to the pub- 

 lic, for her earliest poems were sent, under the 

 pen name of MARY BERWICK, to Household 

 Words, of which he was editor. Her verses 

 show no great genius, but are marked by ten- 

 derness and sincerity of emotion, and are evi- 

 dently the expressions of a beautiful spirit. The 

 most popular of her poems is A Lost Chord, 

 which Sir Arthur Sullivan set to music. It is a 

 permanent addition to the world's popular 

 songs ; some of its lines most frequently quoted 

 are as follows: 



* * * I struck one chord of music 

 Like the sound of a great Amen. 



It flooded the crimson twilight, 

 Like the close of an Angel's Psalm ; 

 And It lay on my fevered spirit 

 With a touch of infinite calm. 



PROCTOR, [ALEXANDER] PHIMISTEB (1862- 

 ) , a Canadian sculptor, known for his vivid, 

 powerful studies of wild animals. Proctor was 

 born at Bozanquit, Ont., but as a boy removed 

 to the United States. There he sketched wild 

 animals in the Rocky Mountains, and later 

 studied sculpture in New York and Paris. His 

 work first won public attention at the World's 

 Columbian Exposition at Chicago in 1893, and 

 won medals at the expositions at Paris in 1900, 

 Saint Louis in 1904, and San Francisco in 1915. 

 Among his best known groups are the Panthers, 

 now in Prospect Park, Brooklyn; the Lions, on 

 the McKinley Monument at Buffalo; and the 

 Dog with a Bone and the Fawn, two small 

 statuettes in the Metropolitan Museum of Art 

 at New York. 



PROCTOR, MARY, a well-known astronomer, 

 the daughter of the English astronomer, Rich- 

 ard Anthony Proctor. She was born in Dublin, 

 Ireland, was graduated at the College of Pre- 

 ceptors, London, in 1898, and later studied in 

 the United States at Columbia University, New 

 York City. Miss Proctor has specialized in the 

 practical study of solar and meteoric phe- 

 nomena, having made observations of the total 

 eclipses of the sun at Kunnen Promontory, 

 Norway, on August 9, 1866; at Norfolk, Va., 

 May 28, 1900; and at Burgos, Spain, August 30, 

 1905. She also viewed the meteoric display of 

 mber 13, 1899. 



She has lectured over 800 times on astronomy 

 since 1893, and has given annually since 1894 

 courses of lectures under the auspices of the 

 New York Board of Education. She is a mem- 



