PROCESS (ante), in law, the means of enforcing the appearance in court of a defend ant and his obedience to the writ of the court. In civil cases, it was the practice to issue a summons to the defendant, which, in real actions, was served by the erection of a white wand on the inclosure of the defendant, and in personal actions was served by two sum moners. If the defendant paid no attention to this summons, his goods were attached. In trespasses the attachment was issued immediately without a summons. On failure of the attachment, a distringas issued and was not discontinued till the appearance of the defendant. In case of injuries committed with force to the person, arrest was author ized. In England till the reign of William IV., an action was begun by original writ in the king's name, addressed to the sheriff, ordering him to summon the defendant. Since then personal actions are begun, if the defendant is to be arrested. by a writ of capias, which is an order of the court commanding the sheriff to take the defendant and hold him to bail, or, in default of hail, to keep him in custody. If the defendant be not to be arrested, a summons issues ordering him to appear and answer the plaintiff's claim_ The similar process in the admiralty and ecclesiastical courts is called a citation, and, in chancery, a subpoena. The methods of procedure in the states of the union which
retain the common-law procedure are different, but generally conform to the writ of summons. In those states where a new code of procedure has been adopted, suits in the superior court begin by a summons or notice to the defendant ordering him to appear in court within a certain time. This notice or summons is issued by the clerk of the court, or by the plaintiff or his attorney. in some states. In New England, it is the practice to begin a suit by attachment of the defendant's property. Final process, or process of execution is enforced either against The person or the property of the defendant. The former can be resorted to only where the defendant may be arrested. The latter, called the execution, or.fterifaeias, commands the sheriff to satisfy the execution out of the defendant's property. The other writ of execution, called the capias satisfaciendum, com mands the sheriff to seize the defendant's body in default of property.