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Writ de warrantia diei
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Writ de warrantia dieiEnglish law. Where a man is required to appear on a certain day in person, and before that day the king certifies that the party is in the king's service, he may sue this writ, commanding the justices not to record his default for that day for the cause before mentioned.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Person
This word is applied to men, women and children, who are called natural persons.
King
The chief magistrate of a kingdom, vested usually with the executive power.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Service
1) Contracts. The being employed to serve another. 2) Feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 3) Practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process;
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Justices
1) The constant and perpetual disposition to render every man his due. Toullier defines it to be the conformity of our actions and our will to the law. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. 2) Judges. Officers appointed by a competent authority to administer justice. They are so called, because, in ancient times the Latin word for judge was justicia. This term is in common parlance used to designate justices of the peace.
Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.
Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
SIMILAR TERMS--------------------------------------
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Writ de arbitratione facta
In the ancient English law, when an action was brought for the same cause of action which had been before settled by arbitration, this writ was brought.
Writ de bono et malo
An ancient writ which was issued in the case of each prisoner, instead of a general commission of general jail delivery for all the prisoners. This writ has not been used for a very long time, and is obsolete.
Writ de curia claudenda
English law. The name of a writ, used to compel a party to enclose his land.
Writ de ejectione firmae
A writ of ejectment. Vide Ejectment.
Writ de haeretico comburendo
English law. The name of a writ formerly issued by the secular courts, when a man was turned over to them by the ecclesiastical tribunals, after having been condemned for heresy.
Writ de homine relegiando
Practice. A writ which lies to replevy a man out of prison, or out of the custody of any private person, in the same manner in which cattle taken in distress may be replevied, upon giving security to the sheriff that the man shall be forthcoming to answer to any charge against him.
Writ de idiota inquirendo
This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men.
Writ de odio et atia
English law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will; and, if upon the inquisition due cause of suspicion did not appear, then there issued another writ for the sheriff to admit him to bail.
Writ de perambulatione facienda
English law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty.
Writ de plegiis acquietandis
The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same.
Writ de rationalibus divisis
The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the land in one town or hamlet, and the other, of the other town or hamlet by himself; and they do not know the bounds of the town or hamlet, nor of their respective lands. This writ lies by one, against the other, and the object of it is to fix the boundaries
Writ in rem
In common law jurisdictions, the writ whereby an action was traditionally instituted against a thing. In the United Kingdom, under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, such an action (called a "claim in rem") is now instituted by a "claim form in rem", under Practice Direction 61 (Admiralty Claims), para. 3.1 and Form ADM 1. Practice Direction 61 was promulgated pursuant to Part 61(Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998, as amended with effect from March 25, 2002. In Canada, the "action in rem" is now instituted by a "statement of claim" under the Federal Court Rules, 1998 (SOR 98/106), in force April 25, 1998, Part 13 (Admiralty Actions), Rules 477 and 479 and Form 477.
Writ of certiorari
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Writ of conspiracy
The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which might have been sued against parties guilty of a conspiracy.
Writ of covenants
Practice. A writ which lies where a party claims damage for breach of covenant, i. e. of a promise under seal.
Writ of debt
Practice. A writ which lies where the party claims the re-covery of a debt, i. e. a liquidated or certain sum of money alleged to be due to him. This is debt in the debet, which is the principal and only common form. There is another species mentioned in the books, called the debt in the detinet, which lies for the specific recovery of goods, under a contract to deliver them.
Writ of deceit
The name of a writ which lies where one man has done anything in the name of another, by which the latter is damnified and deceived.
Writ of detinue
Practice. A writ which lies where a party claims the spe-cific recovery of goods and chattels, or deeds and writings detained from him. This is seldom used: trover is the more frequent remedy, in cases where it may be brought.
Writ of dower
Practice. A writ which lies for a widow ciaiming the specific recovery of her dower, no part having been yet assigned to her. It is usually called a writ of dower unde nihil habet.
Writ of ejectment
Practice. The name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession.
Writ of entry
Practice. A writ requiring the sheriff to command the tenant of land that he render to the demandant the premises in question, or to appear in court on such a day to show cause why he hath not done so.
Writ of error
A writ of error is one issued fro a superior to an inferior court, for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. But it cannot deliver the body from prison.
Writ of excommunicatio capiendo
English ecclesiastical law. A writ issuing out of chancery, founded on a hishop's certificate that the defendant had been excommunicated, which writ is returnable in the king's bench.
Writ of execution
A court order authorizing the seizure of an asset of a noncustodial parent who owes past due child support. the order usually authorizes the seizure of assets up to the total amount of past due child support owed under the judgment. it is also know as a levy.
Writ of exigi facias
The name of a process issued in the course of proceedings in outlawry, and which immediately precedes the writ of capias agatum.
Writ of formedon
Practice. This writ lies where a party claims the specific recovery of lands and tenements, as issue in tail; or as remainder-man or reversioner, upon the determination of an estate in tail.
Writ of garnishment
An order of the court whereby property, money, or credits int he possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.
Writ of inquiry
A writ of inquiry is one issued where a judgment has been entered in a case sounding in damages, without any particular amount being ascertained; this writ is for the purpose of ascertaining the amount to which the plaintiff is entitled.
Writ of mainprize
English law. A writ directed to the sheriff (either gen-erally, when any man is imprisoned for a bailable offence, and bail has been refused; or specially, when the offence or cause of commitment is not properly bailable below) commanding him to take sureties for the prisoner's appearance, commonly called mainpernors, and to set him at large.
Writ of mesne
The name of an ancient writ, which lies when: the lord para- mount distrains on the tenant paravail; the latter shall have a writ of mesne against the lord who is mesne.
Writ of monstraverunt
English law. A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor.
Writ of praecipe
This writ is also called a writ of covenant, and is sued out by the party to whom lands are to be conveyed by fine; the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other.
Writ of prevention
This name is given to certain writs which may be issued in anticipation of suits which may arise.
Writ of proclamation
English practice. A writ which issues, at the same time with the exigi facias, by which the sheriff is commanded to make proclamations in the statute prescribed.
Writ of quare impedit
English law. The remedy by which, where the right of a party to benefice is obstructed, he recovers the presentation; and is the form of action now constantly adopted to try a disputed title to an advowson
Writ of rationabili parte bonorum
A writ which was sued out by a widow when the executors of her deceased husband refused to let her have a third part of her late husband's goods after the debts were paid.
Writ of recaption
Practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed cause, the cattle or goods of the same distrainee.
Writ of replevin
Practice. The name of a process issued for the recovery of goods and chattels.
Writ of restitution
A writ which is issued on the reversal of a judgment, commanding the sheriff to restore to the defendant below, the thing levied upon, if it has not been sold, and if it has been sold, the proceeds.
Writ of tolt
English law. The name of a writ to remove proceedings on a writ of right patent from the court baron into the county court.
Writ of trespass
Practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible and corporeal property. See Trespass.
Writ of waste
The name of a writ to be issued against a tenant who has committed waste of the premises. There are several forms of this writ, that against a tenant in dower differs from the others.
Writ pro retorno habendo
Remedies, practice. The name of a writ which re-cites that the defendant was summoned to appear to answer the plaintiff in a plea whereof he took the cattle of the said plaintiff, specifying them, and that the said plaintiff afterwards made default, wherefore it was then considered that the said plaintiff and his pledges of prosecuting should be in mercy and that the said defendant should go without day, and that he should have re-turn of the cattle aforesaid. It then commands the sheriff, that he should cause to be returned the cattle aforesaid, to the said defendant without delay.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Writing obligatory
A bond; an agreement reduced to writing, by which the party becomes bound to perform something, or suffer it to be done.
Writs, judicial
Practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery.
Written or statute law
The municipal laws of England are the written or statute law; being acts of legislative bodies, to only supply what is defective, or to amend only what is amiss, in the unwritten laws.
PREVIOUS AND NEXT TERMS--------------------------------------
Writ de idiota inquirendo
This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men.
Writ de odio et atia
English law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will; and, if upon the inquisition due cause of suspicion did not appear, then there issued another writ for the sheriff to admit him to bail.
Writ de perambulatione facienda
English law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty.
Writ de plegiis acquietandis
The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same.
Writ de rationalibus divisis
The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the land in one town or hamlet, and the other, of the other town or hamlet by himself; and they do not know the bounds of the town or hamlet, nor of their respective lands. This writ lies by one, against the other, and the object of it is to fix the boundaries
Writ de warrantia diei
Writ in rem
In common law jurisdictions, the writ whereby an action was traditionally instituted against a thing. In the United Kingdom, under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, such an action (called a "claim in rem") is now instituted by a "claim form in rem", under Practice Direction 61 (Admiralty Claims), para. 3.1 and Form ADM 1. Practice Direction 61 was promulgated pursuant to Part 61(Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998, as amended with effect from March 25, 2002. In Canada, the "action in rem" is now instituted by a "statement of claim" under the Federal Court Rules, 1998 (SOR 98/106), in force April 25, 1998, Part 13 (Admiralty Actions), Rules 477 and 479 and Form 477.
Writ of certiorari
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Writ of conspiracy
The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which might have been sued against parties guilty of a conspiracy.
Writ of covenants
Practice. A writ which lies where a party claims damage for breach of covenant, i. e. of a promise under seal.
Writ of debt
Practice. A writ which lies where the party claims the re-covery of a debt, i. e. a liquidated or certain sum of money alleged to be due to him. This is debt in the debet, which is the principal and only common form. There is another species mentioned in the books, called the debt in the detinet, which lies for the specific recovery of goods, under a contract to deliver them.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Person
This word is applied to men, women and children, who are called natural persons.
King
The chief magistrate of a kingdom, vested usually with the executive power.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Service
1) Contracts. The being employed to serve another. 2) Feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 3) Practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process;
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Justices
1) The constant and perpetual disposition to render every man his due. Toullier defines it to be the conformity of our actions and our will to the law. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. 2) Judges. Officers appointed by a competent authority to administer justice. They are so called, because, in ancient times the Latin word for judge was justicia. This term is in common parlance used to designate justices of the peace.
Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.
Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
SIMILAR TERMS--------------------------------------
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Writ de arbitratione facta
In the ancient English law, when an action was brought for the same cause of action which had been before settled by arbitration, this writ was brought.
Writ de bono et malo
An ancient writ which was issued in the case of each prisoner, instead of a general commission of general jail delivery for all the prisoners. This writ has not been used for a very long time, and is obsolete.
Writ de curia claudenda
English law. The name of a writ, used to compel a party to enclose his land.
Writ de ejectione firmae
A writ of ejectment. Vide Ejectment.
Writ de haeretico comburendo
English law. The name of a writ formerly issued by the secular courts, when a man was turned over to them by the ecclesiastical tribunals, after having been condemned for heresy.
Writ de homine relegiando
Practice. A writ which lies to replevy a man out of prison, or out of the custody of any private person, in the same manner in which cattle taken in distress may be replevied, upon giving security to the sheriff that the man shall be forthcoming to answer to any charge against him.
Writ de idiota inquirendo
This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men.
Writ de odio et atia
English law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will; and, if upon the inquisition due cause of suspicion did not appear, then there issued another writ for the sheriff to admit him to bail.
Writ de perambulatione facienda
English law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty.
Writ de plegiis acquietandis
The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same.
Writ de rationalibus divisis
The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the land in one town or hamlet, and the other, of the other town or hamlet by himself; and they do not know the bounds of the town or hamlet, nor of their respective lands. This writ lies by one, against the other, and the object of it is to fix the boundaries
Writ in rem
In common law jurisdictions, the writ whereby an action was traditionally instituted against a thing. In the United Kingdom, under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, such an action (called a "claim in rem") is now instituted by a "claim form in rem", under Practice Direction 61 (Admiralty Claims), para. 3.1 and Form ADM 1. Practice Direction 61 was promulgated pursuant to Part 61(Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998, as amended with effect from March 25, 2002. In Canada, the "action in rem" is now instituted by a "statement of claim" under the Federal Court Rules, 1998 (SOR 98/106), in force April 25, 1998, Part 13 (Admiralty Actions), Rules 477 and 479 and Form 477.
Writ of certiorari
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Writ of conspiracy
The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which might have been sued against parties guilty of a conspiracy.
Writ of covenants
Practice. A writ which lies where a party claims damage for breach of covenant, i. e. of a promise under seal.
Writ of debt
Practice. A writ which lies where the party claims the re-covery of a debt, i. e. a liquidated or certain sum of money alleged to be due to him. This is debt in the debet, which is the principal and only common form. There is another species mentioned in the books, called the debt in the detinet, which lies for the specific recovery of goods, under a contract to deliver them.
Writ of deceit
The name of a writ which lies where one man has done anything in the name of another, by which the latter is damnified and deceived.
Writ of detinue
Practice. A writ which lies where a party claims the spe-cific recovery of goods and chattels, or deeds and writings detained from him. This is seldom used: trover is the more frequent remedy, in cases where it may be brought.
Writ of dower
Practice. A writ which lies for a widow ciaiming the specific recovery of her dower, no part having been yet assigned to her. It is usually called a writ of dower unde nihil habet.
Writ of ejectment
Practice. The name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession.
Writ of entry
Practice. A writ requiring the sheriff to command the tenant of land that he render to the demandant the premises in question, or to appear in court on such a day to show cause why he hath not done so.
Writ of error
A writ of error is one issued fro a superior to an inferior court, for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. But it cannot deliver the body from prison.
Writ of excommunicatio capiendo
English ecclesiastical law. A writ issuing out of chancery, founded on a hishop's certificate that the defendant had been excommunicated, which writ is returnable in the king's bench.
Writ of execution
A court order authorizing the seizure of an asset of a noncustodial parent who owes past due child support. the order usually authorizes the seizure of assets up to the total amount of past due child support owed under the judgment. it is also know as a levy.
Writ of exigi facias
The name of a process issued in the course of proceedings in outlawry, and which immediately precedes the writ of capias agatum.
Writ of formedon
Practice. This writ lies where a party claims the specific recovery of lands and tenements, as issue in tail; or as remainder-man or reversioner, upon the determination of an estate in tail.
Writ of garnishment
An order of the court whereby property, money, or credits int he possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.
Writ of inquiry
A writ of inquiry is one issued where a judgment has been entered in a case sounding in damages, without any particular amount being ascertained; this writ is for the purpose of ascertaining the amount to which the plaintiff is entitled.
Writ of mainprize
English law. A writ directed to the sheriff (either gen-erally, when any man is imprisoned for a bailable offence, and bail has been refused; or specially, when the offence or cause of commitment is not properly bailable below) commanding him to take sureties for the prisoner's appearance, commonly called mainpernors, and to set him at large.
Writ of mesne
The name of an ancient writ, which lies when: the lord para- mount distrains on the tenant paravail; the latter shall have a writ of mesne against the lord who is mesne.
Writ of monstraverunt
English law. A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor.
Writ of praecipe
This writ is also called a writ of covenant, and is sued out by the party to whom lands are to be conveyed by fine; the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other.
Writ of prevention
This name is given to certain writs which may be issued in anticipation of suits which may arise.
Writ of proclamation
English practice. A writ which issues, at the same time with the exigi facias, by which the sheriff is commanded to make proclamations in the statute prescribed.
Writ of quare impedit
English law. The remedy by which, where the right of a party to benefice is obstructed, he recovers the presentation; and is the form of action now constantly adopted to try a disputed title to an advowson
Writ of rationabili parte bonorum
A writ which was sued out by a widow when the executors of her deceased husband refused to let her have a third part of her late husband's goods after the debts were paid.
Writ of recaption
Practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed cause, the cattle or goods of the same distrainee.
Writ of replevin
Practice. The name of a process issued for the recovery of goods and chattels.
Writ of restitution
A writ which is issued on the reversal of a judgment, commanding the sheriff to restore to the defendant below, the thing levied upon, if it has not been sold, and if it has been sold, the proceeds.
Writ of tolt
English law. The name of a writ to remove proceedings on a writ of right patent from the court baron into the county court.
Writ of trespass
Practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible and corporeal property. See Trespass.
Writ of waste
The name of a writ to be issued against a tenant who has committed waste of the premises. There are several forms of this writ, that against a tenant in dower differs from the others.
Writ pro retorno habendo
Remedies, practice. The name of a writ which re-cites that the defendant was summoned to appear to answer the plaintiff in a plea whereof he took the cattle of the said plaintiff, specifying them, and that the said plaintiff afterwards made default, wherefore it was then considered that the said plaintiff and his pledges of prosecuting should be in mercy and that the said defendant should go without day, and that he should have re-turn of the cattle aforesaid. It then commands the sheriff, that he should cause to be returned the cattle aforesaid, to the said defendant without delay.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Writing obligatory
A bond; an agreement reduced to writing, by which the party becomes bound to perform something, or suffer it to be done.
Writs, judicial
Practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery.
Written or statute law
The municipal laws of England are the written or statute law; being acts of legislative bodies, to only supply what is defective, or to amend only what is amiss, in the unwritten laws.
PREVIOUS AND NEXT TERMS--------------------------------------
Writ de idiota inquirendo
This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men.
Writ de odio et atia
English law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will; and, if upon the inquisition due cause of suspicion did not appear, then there issued another writ for the sheriff to admit him to bail.
Writ de perambulatione facienda
English law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty.
Writ de plegiis acquietandis
The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same.
Writ de rationalibus divisis
The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the land in one town or hamlet, and the other, of the other town or hamlet by himself; and they do not know the bounds of the town or hamlet, nor of their respective lands. This writ lies by one, against the other, and the object of it is to fix the boundaries
Writ de warrantia diei
Writ in rem
In common law jurisdictions, the writ whereby an action was traditionally instituted against a thing. In the United Kingdom, under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, such an action (called a "claim in rem") is now instituted by a "claim form in rem", under Practice Direction 61 (Admiralty Claims), para. 3.1 and Form ADM 1. Practice Direction 61 was promulgated pursuant to Part 61(Admiralty Claims) at Rule 61.3 of the Civil Procedure Rules 1998, as amended with effect from March 25, 2002. In Canada, the "action in rem" is now instituted by a "statement of claim" under the Federal Court Rules, 1998 (SOR 98/106), in force April 25, 1998, Part 13 (Admiralty Actions), Rules 477 and 479 and Form 477.
Writ of certiorari
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Writ of conspiracy
The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which might have been sued against parties guilty of a conspiracy.
Writ of covenants
Practice. A writ which lies where a party claims damage for breach of covenant, i. e. of a promise under seal.
Writ of debt
Practice. A writ which lies where the party claims the re-covery of a debt, i. e. a liquidated or certain sum of money alleged to be due to him. This is debt in the debet, which is the principal and only common form. There is another species mentioned in the books, called the debt in the detinet, which lies for the specific recovery of goods, under a contract to deliver them.
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