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PROVISO, TRIAL BY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

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.

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