Distringas - Law Dictionary Search Results

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Distringas

Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...

Distringas

A writ commanding the sheriff to distrain a person by his goods or chattels to compel a compliance with something required of him...

Habeas corpora juratorum

Habeas corpora juratorum, Law Latin (that you have the bodies of the jurors), a process which issued out of the Court of Common Pleas, commanding the sheriff to summon a jury. The practice was similar to the distringas from the King's Bench and Exchequer for the same purpose. Abolished by C.L.O. Act, 1852, s. 104.Is a writ or order requiring that a prisoner be brought before a court at a stated time and place to decide the legality of his detention or imprison-ment, Webster American Dictionary, p. 856.Commands the Judge of the inferior court to produce the body of the defendant with a statement of the cause of his detention, to do and to receive what-ever the higher court shall decree, A Dictionary of Law, William C. Anderson, 1889, p. 500.Is a high prerogative writ of English Common Law, Habeas Corpus Act of 1979 and 1816 are basis of security for the enjoyment of personal freedom, Webster American Dictionary, p. 856.In India every High Court is empowered to issue the prerogative writ...

Jury process

Jury process, means (1) the procedure by which jurors are summoned and their attendance is enforced. (2) The papers served on or mailed to potential jurors to compel their attendance, Black's Law Dictionary, 7th Edn., p. 862.Jury process, the writ for the summoning of a jury. They were the distringas juratores, or habeas corpora juratorum, and the venire juratores facias, now abolished. A jury is summoned by precept. See 23 & 24 Vict. c. 77...

Restraining Order

Restraining Order. 5 Vict. c. 5, s. 4, extended the preventive powers of Chancery by giving its judges authority, upon the application of any party interested, by motion or petition, to restrain the Bank of England, or other public company, from permitting the transfer of stock in the name of any person or body politic or from paying any dividends due or to become due; but this procedure is superseded by the procedure under (English) R.S.C. Ord. XLVI., rr. 3-14, first made in1880. See DISTRINGAS.A court order prohibiting or restricting a person from harassing threatening, and sometimes even contacting or approaching another specified person, Black's Law Dictionary, 7th Edn., p. 1315....

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