Peremptory Writ - Law Dictionary Search Results
Home Dictionary Name: peremptory writ Page: 11Levari facias
Levari facias (that you caused to be levied), a writ of execution at Common Law, commanding the sheriff to levy or make of the lands and chattels of the judgment-debtor the sum recovered by the judgment. The sheriff was not authorized to sell or extend the lands, or deliver them to the creditor, but could only collect the debt from the issues and profits of the land, and from the sale of the chattels. This writ, long superseded by the writ of elegit, was formally abolished by the (English) Bankruptcy Act, 1883, s. 146, sub-s. 2....
Quod permittat
Quod permittat, a writ which, before the abolition of real actions, lay against any person who erected a building, though on his own ground, so near to the house of another that it hung over or became a nuisance to it, Termes de la Ley, 479. Abolished. See Roscoe on Real Actions, p. 40.Means 'that he permit'. A writ to prevent an interference in the exercise of a right, such as a writ for the heir of someone disseised of a common of pasture against the heir of the disseisor, Black's Law Dictionary, 7th Edn., p. 1263....
Quare ejecit infa terminum
Quare ejecit infa terminum (wherefore he ejected within the term), a writ which lay by the ancient law where the wrongdoer or ejector was not himself in possession of the lands, but another who claimed under him.Quare ejecit infra terminum, and why he ejected within the term. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was, Black's Law Dictionary, 7th Edn., p. 1256.Means for this injury the law has provided him with two remedies ...... .. the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector himself, but his feoffee or other person claiming under him. These are mixed actions, somewhat between real and personal; for therein are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong, Commentaries on the Laws of England, 3 William Blackstone 199 (1768)...
Occupavit
Occupavit, a writ that lay for him who was ejected from his freehold in time of war, as the writ of novel disseisin lay for one disseised in time of peace.Means a writ to regain possession to land or a tenement from which one was ejected in time of war, Black's Law Dictionary, 7th Edn., p. 1107....
Nonintromittendo, quando breve pr'cipe in capite subdole impetratur
Nonintromittendo, quando breve pr'cipe in capite subdole impetratur, a writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under colour of entitling the king of land, etc., as holding of him in capite, had deceitfully obtained the writ called pr'cipe in capite, any benefit thereof, but to put him to his writ of right, Reg. Brev. 4. Obsolete....
Liberate
Liberate, a writ that lay for the payment of a yearly pension or other sum of money, granted under the Great Seal, and addressed to the treasurer and chamberlain of the Exchequer. Also a writ to the sheriff for the delivery of possession of lands and goods extended or taken upon the forfeiture of a recognizance. Also a writ that issued out of Chancery, directed to a gaoler, for delivery of a prisoner who has put in bail for this appearance, Fitz. N.B. 432....
Latitat
Latitat (he lies hid), a writ whereby all persons were originally summoned to answer in personal actions in the King's Bench; so called because it is supposed by the writ that the defendant lurks and lies hid, and cannot be found in the County of Middlesex (in which the Court is holden) to be taken by bill, but has gone into some other county, to the sheriff of which this writ was directed to apprehend him there, Fitz. N.B. 78; Termes de la Ley. Abolished by the (repealed) (English) Uniformity of Process Act, 1832 (2 Wm. 4, c. 39). See BILL OF MIDDLESEX....
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
levy
levy pl: lev·ies 1 : an act of levying: as a : the imposition or collection of a tax b : the seizure according to a writ of execution of real or personal property in a judgment debtor's possession to satisfy a judgment debt 2 : an amount levied : tax [providing for a of 3% on income up to $10,000 "D. Q. Posin"] vb lev·ied levy·ing vt 1 : to impose or collect (as a tax or fine) with authority [allow it to stiffer penalties for some safety violations "National Law Journal"] 2 : to enforce or carry into effect (a writ of execution) compare attach, garnish vi : to enforce a writ of execution or attachment ;specif : to make a seizure of real or personal property in a judgment debtor's possession [they might as a last resort on his merchandise "J. J. White and R. S. Summers"] ...
Fieri facias
Fieri facias, usually abbreviated fi. fa. (that you cause to be made), a judicial writ of execution, the most commonly used that lies for him who has recovered any debt or damages in the King's Courts. It is a command to the sheriff, that of the goods and chattels of the party he 'cause to be made' the sum recovered by the judgment, with interest at 4l. per cent. from the time of entered-up judgment, to be rendered to the party who sued it out. If the sheriff return nulla bona, an alias fi. fa. may issue; and upon that being returned, a pluries or testatum fi. fa. may be issued into another county. The 12th s. of the Judgments Act,1838 (1 & 2 Vict. c. 110), authorizes the sheriff to seize money, bank notes, cheques, bills of exchange, etc., of the person against whose effects the writ is sued out; but he cannot seize money or bank notes after the death of the debtor, Johnson v. Pickering, (1908) 1 KB 1.A writ of execution that directs a marshal or sheriff to seize and sell a defendants...
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