Peremptory Writ - Law Dictionary Search Results
Home Dictionary Name: peremptory writ Page: 10Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
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...
Leave to defend
Leave to defend. The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after being due, to be by writ of summons in a form provided by the Act, and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment on proof of service. This procedure was retained by the (English) Judicature Act, 1875, Ord. II., r. 6, but abolished in 1880 by Ord. II., r. 6 (annulled 1917).By (English) R.S.C. 1883, Ord. III., r. 6, as amended by (English) R.S.C. 1933, in respect of forfeiture for non-payment of rent, it is provided that in all actions where the plaintiff seeks merely to recover a debt or liquidated demand (see QUANTUM MERUIT) in money, or possession where a tenancy has expired or been determined by notice to quit, or has become liable to forfeiture for non-payment of rent, the writ of summons may, at the option...
Non omittas
Non omittas, the clause 'that you omit not by reason of any liberty in your bailiwick,' which is usually inserted in all processes addressed to sheriffs, which makes the liberty pro hac vice parcel of the sheriff's bailiwick, and the sheriff must enter and execute the writ within the liberty.If a writ do not contain a non omittas clause, the sheriff directs his mandate either to the lord or the bailiff of the liberty, by whom the writ is executed and returned....
Statute staple
Statute staple, a bond of record acknowledged before the mayor of the staple, in the presence of the constables of the staple, or one of them; the only seal required for its validity was the seal of the staple, and therefore if the statute were void for any cause, it could not, as in the case of a statute-merchant (q.v.), be proceeded on as a common obligation; and, wanting the sanction of the seal of the king, the sheriff, after the extent, could not deliver the lands to the consuee, but had to seize them into the king's hands; and in order to obtain possession of them, the conusee had to sue out a writ of Liberate, which was a writ out of Chancery, reciting the former writ, and commanding the sheriff to deliver to the conusee all the lands, tenements, and chattels by him taken into the king's hands, if the conusee would have them, until he should be satisfied his debt. Obsolete. See STAPLE...
supersedeas
supersedeas [Medieval Latin, you should desist (word used in the writ)] 1 : a common-law writ commanding a stay of legal proceedings that is issued under various conditions and esp. to stay an officer from proceeding under another writ 2 : an order suspending the proceedings of an inferior court and esp. the enforcement of a judgment until reviewed on appeal ...
Scire facias
Scire facias [Lat.] (that you cause to know), a judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record.The writ, though not abolished, is now out of use except in Crown Practice on the Revenue side of the King's Bench Division for recovery of Crown debts and also for rescinding Crown grants and charters, etc. Scire facias on recognizances and to repeal letters patent have been abolished: see as to patents, Patents and Designs Act, 1907. Formerly the issue of the writ was considered in some cases as an original proceeding; in others, interlocutory, and in the nature of process. Consult Hals. L.E., tit. 'Crown Practice.'A scire facias was formerly resorted to in Chancery suits, when they became abated; but this mode became superseded in practice by the order of revivor, which see....
Pr'cipe
Pr'cipe (command), a slip of paper upon which the particulars of a writ are written; it is lodged in the office out of which the required writ is to be issued.A pr'cipe must be filed by the party issuing or his solicitor before a writ of execution is issued, which pr'cipe must contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any, for execution, and the names of those against whom it issued, and must be signed by the party or solicitor issuing it [(English) R.S.C. Ord. XLII., Rule 12]. For forms of such pr'cipes, see ibid., App. G. The goods of the debtor are bound immediately after the application for the pr'cipe, Murgatroyd v. Wright, (1907) 2 KB 333....
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