PROCESS. This term, in its original sense, comprehends the whole of the proceedings which take place, and are recorded by the court, in the course of a suit, criminal or civil, previous to final judg ment. In this sense the word (processus, prods) is used in the French and Scotch laws. In its more ordinary and limited signification, the term is applied to the writs which issue out of any court for the purpose of compelling the parties to a suit, and other persons whose co-operation is required, to do some act connected with the progress of the suit. In this sense, also, process is either civil or criminal Civil process was formerly, aud until lately, practically divided into original, mesne (intermediate), and final process.
Original process, more commonly known as original writs, issued out of the common-law side or department of the Court of Chancery. Since the substitution for it of writs of summons, the latter are some times, though erroneously, called original process.
Mesne process is that which issues between the first writ and final judgment, including writs issued for the purpose of compelling the attendance of jurors and of witnesses, and for other collateral pur poses. To avoid the expense and delay of an original writ, it was usual to commence actions by mean° process, founded upon a supposed original writ which never had in fact issued; and, by degrees, all pro cesa before final judgment, except the original writ, acquired the name of mesne process, even in cases where it formed the legal as well as the actual commencement of the suit, as in scire facies, auditd quereld, &c.
Final process is the term applied to express writs of execution. [ExscurioN.] Means and final process are sometimes called judicial process, because they issue under the authority of the court in which the action is pending. A great variety existed in the different forms of process by which actions were formerly commenced in the three supe rior common-law courts ; but in all actions the process is now a writ of summons, in a form prescribed by statute, which is addressed to the defendant, and requires him to cause an appearance to be entered within eight days from the service of the writ. If the writ be served
on the defendant, or so served that it must have come to his know ledge, and he does not enter an appearance, the plaintiff may sign judgment by default.
Arrest upon mesne process (as it is called in the statute) was taken away by 1 & 2 Vict. c. 110, except in cases where an arrest is ordered by the court or a judge ; in which case a capias may issue at the same time as the writ of summons.
(See 3 & 4 Will. IV. c. 27, s.36; 2 & 3 Viet. c. 27,s.3; the Common Law Procedure Acts of 1852, 1854, and 1860; the Bills of Exchange Act, 1855 ; and the Bankrupt Law Consolidation Act.) Criminal Process.—Where an indictment [INnicrsitNr] for treason or felony is found by a grand jury, process of eapies issues to the sheriff, commanding him to arrest the indictee. But where an indict ment found, or an information filed, charges the party with a misde meanor only, the process is at common law a venire facies, being a command to the sheriff to cause the indictee, &c., to come into court, which, under this process, must be done by summoning him. If the indictee, &c., do not obey the summons, and it appears by the return that the indictee, &e., has lands in the county, a writ of distringas issues, commanding the sheriff to compel the indictee to appear, by distmining him by the issues (the produce) of those lands, to appear. If the return to the venire facies shows that the indictee has no lands, process of copies issues.
Before any indictment is found, a party charged upon oath with treason or felony may be brought before a magistrate by virtue of a warrant issued for his apprehension by the same or some other magis trate of the district, and may by another warrant be committed to prison for trial, if upon the examination there appear to be grounds to suspect that the party is guilty. (1I & 12 Vict. c. 42.) A bench warrant, as it is termed, may also be issued by the justices of assize when an indictment is found.