Probation

3837

Procedure

isdiction in questions relating to the probate
of wills, the administration of property left
by intestates, the management of testamen-
tary trusts, the guardianship of infants, and
similar matters. A Probate Judge is com-
monly called a Surrogate, and in some States
the tribunal itself is known as a Surrogate's
court. See COURTS; SURROGATES. |

Probation, a plan whereby adults who !
have been convicted of crime or children
who have been declared delinquent are set
at liberty by the court, without confinement
in a prison or reformatory, under the watch-
care and supervision of a probation officer,
who occupies the position of a friendly guar-
dian or adviser, and who is responsible to
the court for the good conduct and reforma-
tive progress of the probationer.

The probation of adults was first estab-
lished by law in Massachusetts in 1878. All
of these laws are established on the theory
that the reformation of the criminal is the
most effective protection to society, and that
in the early stages of criminality, reforma-
tion is much more probable if the individual
is allowed to live under normal circum-
stances, with the advice and guidance of a
probation officer, than if he is placed in the
abnormal conditions of prison life, and then
turned loose with the handicap of a jail
bird's reputation. As in the case of adult
probation, juvenile probation was tried out
for twenty years in Massachusetts before it
was adopted by other States. In the early
days of probation, both adult and juvenile,
the idea prevailed that almost any one would
do for a probation officer. In recent years,
however, there has been a gradual recogni-
tion of the fact that high character, fidelity,
good sense, and knowledge of human nature
are essential qualifications, and there has
been a steady advance in the quality of the
service. The work of probation for women
and girls is more difficult than that for men
and boys. Nearly all of those who are
brought into court have had an immoral
experience, and the problem is not an easy
one. The difficulty is increased by the de-
fective mentality of a large portion of the
female probationers—probably 20 to 25 per
cent. It goes without saying that women
and girls must have women probation offi-
cers, who should be of unusual wisdom, pa-
tience, and tacj:. t

Probation After Death, a theological
doctrine according to which the gospel is
preached to men after death, and they are
placed on trial either for a stated time or

until they shall have accepted salvation. The
idea of probation is not to be confused with
that of purgatory, the object of which is the
purification of the faithful after death.

Probationer, one who is on probation.

Problems, in mathematics, are proposi-
tions in which some operation or construc-
tion is required, or in which a proof of some
statement is demanded.

Proboscidea. See Elephant.

Proboscis Monkey (Nasalis laruatus), or
NOSE APE, a monkey nearly related to the
(angur, but found only in the island of Bor-
neo. The special peculiarity is the great elon-
gation of the flexible nose of the adult male,
which reaches the proportions of a pro-
boscis.

Probus, Marcus Aurelius (d. 82), emper-
or of Rome, was born in Sirmium, Pannonia.
By the Emperor Tacitus he was appointed
governor of the Asiatic possessions of Rome;
and on the death of Tacitus he assumed the
purple, and was enthusiastically hailed em-
peror by all classes (276 A.D.). He defeated
the Goths, quelled the robbers of Isauria,
and made peace with the Persians at their
request.

Procedure, a general term denoting the
methods of proceeding and carrying on an
action at law, from its commencement to
final judgment and final process thereon, in-
cluding the rules of pleading, evidence, and
general practice. The term is more common-
ly used, however, to designate the various
steps in an action," the rules of evidence and
pleading being important subjects in them-
selves. The procedure in actions varies con-
siderably as to forms and details in the dif-
ferent States of the United States; but cer-
tain essential steps are common in all. The
common law system of pleading and prac-
tice, as it existed and was enforced in the
original thirteen colonies, prevails in the
various courts of the United States and in
many States, with modifications.

The first step is the issuance and service
of process notifying the defendant of the
commencement of the action. The defendant
should enter his appearance by service of a
notice on the plaintiff's attorney or filing it
with the clerk of court, or file or serve a
written answer or demurrer. If he defaults
the plaintiff may enter judgment, either with
or without leave of court, according to the
nature of the case. If an answer or demurrer
is served or filed, the case is then at issue,
and either party may have it placed upon
the calendar of the proper court. The cause