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Action of a writ

Action of a writ, a phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ which he brought, although it may be that he is entitled to another writ or action for the same matter, Termes de la Ley....

writ of habeas corpus

writ of habeas corpus a document filed as a means of testing the legality of a restraint on a person's liberty, usually imprisonment. The writ commands the officials who have custody of a prisoner to bring the prisoner before the court, so that the court may determine whether the prisoner is being detained lawfully. Source: Federal Judicial Center ...

Attaint, writ of

Attaint, writ of, issued to inquire whether a jury of twelve men gave a false verdict, so that the judgment following thereupon might be reversed. This writ was abolished by the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), ss. 60, 61. A corrupt juror is punishable by fine and imprisonment, upon an indictment or information....

Twelve-day writ

Twelve-day writ, a writ issued under the repealed Summary Procedure on Bills of Exchange Act, 1855 (18 & 19 Vict. c. 67) ('Keating's Act'), for summary procedure on bills of exchange and promissory notes, abolished by Rule of Court in 1880....

Sequestrari facias de bonis ecclesiasticis, Writ of

Sequestrari facias de bonis ecclesiasticis, Writ of, a process of execution issued against a beneficed clerk commanding the bishop to enter into the rectory and parish church, and to take and sequester the same, and hold them until, of the rents, tithes, and profits thereof, and of the other ecclesiastical goods of the defendant, he has levied the plaintiffs' debt.The Rules of the Supreme Court provide that this writ may be issued and executed as theretofore: Ord. XLIII., r. 5.The Sequestration Act, 1871 (34 & 35 Vict. c. 45), provides that on sequestration the bishop of the diocese shall appoint a curate and assign a stipend. And see the Benefices Sequestration Measure, 1933....

Right close, Writ of

Right close, Writ of, a writ which is directed unto the lord of ancient demesne, which lieth for those tenants within ancient demesne who hold their lands by charter in fee-simple, or in fee tail, or for life, or in dower, Fitz. N.B. 11 F.; and see Merttens v. Hill, (1901) 1 Ch p 853....

Resealing writ

Resealing writ, the second sealing of a writ by a master so as to continue it, or to cure it of an irregularity....

Possession, Writ of

Possession, Writ of, the process of execution in an action of ejectment. A judgment for the recovery,or for the delivery of the possession of land maybe enforced by writ of possession (R.S.C. 1883,...

De lunatico inquirendo, writ

De lunatico inquirendo, writ, a process formerly issued to inquire into the condition of a person's mind. Those judges [see (English) Jud. Act, 1873, s. 17; Jud. Act, 1875, s. 7] to whom, by special authority from the sovereign, the custody of idiots and lunatics is entrusted may, upon petition or information, grant a commission in the nature of a writ de lunatico inquirendo (which is analogous to the obsolete de idiota inquirendo), to inquire into the party's state of mind. If the party be found non compos, the care of his person, with a suitable allowance for his maintenance, is usually committed to one of his relations or friends, then called his committee.The proceedings are by way of petition to the Judge in Lunacy under s. 90 of the (English) Lunacy Act, 1890, who either may direct an inquisition with or without a jury, or that an issue be tried before a judge of the High Court or refer the matter to the Master in Lunacy with a view to the appointment of a receiver. Applications ...

De arbitratione facta, Writ of

De arbitratione facta, Writ of, issued when an action was brought for a cause already settled by arbitration. A writ for enforcing a judgment of arbitrators....

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