Peremptory Writ - Law Dictionary Search Results
Home Dictionary Name: peremptory writ Page: 9Distringas
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 ...
Wilful disobedience
Wilful disobedience, 'willful disobedience' to a writ issued by a court constitutes civil contempt, though mere failure to obey the writ may not constitute civil contempt depending upon the facts and circumstances of the case. The appropriate mode of enforcing obedience to a writ of habeas corpus is by committal for contempt. A committal order may be made against a person who intentionally makes a false return to a writ of habeas corpus, but an unintentional misrepresentation on a return is not a ground for committal. Civil contempt is punishable with imprisonment as well as fine, Sebastian M. Hongray v. Union of India, AIR 1984 SC 1026: (1984) 3 SCR 544: (1984) 3 SCC 81 (82).If from the circumstances of a particular case, brought to the notice of the Court, the Court is satisfied that although there has been a disobedience but such disobedience is the result of some compelling circumstances under which it was not possible for the contemner to comply with the order, the Court may not p...
Peerage
Peerage, the dignity of the lords, or peers of the realm. Where, on the death of a peer, doubts arise respecting the devolution of his dignity, and in all cases of long abeyance or other non-enjoyment of a peerage, the Lord Chancellor will not issue his writ of summons to a claimant without a previous investigation of his title, in order to which the claimant must present a petition to the Crown through the Home Secretary, which the Crown then refers to the Attorney-General, and in most cases the claim is subsequently referred to the Lords Committee for Privileges. For the practice and procedure in peerage claims, see Hubback on Succession, p. 84; Shrewsbury Peerage,(1857) 7 HLC 1; Palmer's Peerage Law in England. In modern practice the creation of a peerage must be shown to have taken place either by writ, or by letters patent; the latter mode of creation was introduced in the eleventh year of Ric. 2. If the claim is by writ, actually sitting in Parliament is also essential, for until...
Quare impedit
Quare impedit (wherefore he hindered), a real possessory action, which could formerly be brought only in the court of Common Pleas, and lies to recover a presentation, when the patron's right is disturbed, or to try a disputed title to an advowson.Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which is now the same as in other actions in the High Court.The judgment is that the successful party recover his presentation, and a writ issues to the bishop, commanding him to admit his presentee.In cases where there is an appeal to the archbishop and a judge against a bishop's refusal to institute (see BENEFICE), quare impedit is abolished by s. 3 (5) of the (English) Benefices Act, 1898.Quare impedit, commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without s...
Venditioni exponas
Venditioni exponas, a judicial writ addressed to the sheriff, commanding him to expose to sale goods which he has already taken into his hands, to satisfy a judgment-creditor, Reg. Judic. 33. After delivery of this writ the sheriff is bound to sell the goods, and have the money in Court on the return day of the writ, 3 Steph. Com.By (English) R.S.C. 1883, Ord.XLIII., r. 2, this writ may be sued out where it appears upon the return of a fi. fa. that the sheriff has seized goods but not sold them....
Recovery
Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...
Pone
Pone. If goods had been replevied by virtue of a replegiari facias (which was rarely if ever the case), the plaint in a County Court was removed into the King's Bench or Common Pleas by writ of pone. It was an original writ obtained from the cursitor, bearing teste after the entry of the plaint in the County Court, and returnable on a general day in term, wheresoever, etc. It was also the proper writ to remove all suits which were before the sheriff by writ of justices. Obsolete, 3 Steph. Com....
Capias ad satisfaciendum
Capias ad satisfaciendum (that you take to satisfy); called in practice a ca. sa. A writ of execution of the highest nature, inasmuch as it deprived a person of liberty, till the satisfaction awarded be made. The writ was addressed to the sheriff, commanding him to take the body of the defendant and have him at Westminster on a day therein named, or immediately after the execution of the writ, to make the plaintiff satisfaction for his demand, or remain in custody till he did. The general rule was that any person might be arrested under this writ who was not privileged from being held to bail under a capias ad respondendum. By 7 & 8 Vict. c. 96, s. 57, this kind of execution was abolished 'in any action for the recovery of any debt wherein the sum recovered shall not exceed 20l. exclusive of the costs recovered by such judgment,' and by the (English) Debtors Act, 1869, (32 & 33 Vict c. 62), in any action whatever, unless the defendant could, but would not, pay. See IMPRISONMENT FOR DEB...
Capias
Capias (that you take). The writ of capias (which was a writ directing the sheriff to take the body of the defendant), as a means of commencing an action at Common Law, was altogether abolished, and a new writ, called a 'capias on mesne process,' or 'bailable process,' was introduced by the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 3, which limited the application of the writ to cases in which the cause of action amounted to 20l. or upwards, and the debtor was about to quit England, unless forthwith apprehended; see now the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6, abolishing arrest on mesne process; and see MESNE PROCESS....
praecipe
praecipe also pre·ci·pe [pre-sə-pē, prē-] n [Medieval Latin precipe, legal writ commanding a person to do something or show cause why he or she should not, from Latin praecipe, imperative of praecipere to give rules or precepts, admonish, enjoin] : a written request for an action (as the issuing of a writ of execution) from a party to a clerk of a court or sometimes to a judge [filed a for the writ of scire facias] [shall issue upon of the plaintiff] NOTE: When addressed to a clerk, a praecipe is usually a request for some action that does not require immediate judicial review, such as the issuing of a subpoena or the preparing of a record for appellate review. When addressed to a judge, as for jury instructions in some jurisdictions, a praecipe is similar to a motion. A praecipe originally was a writ issued by the king to a sheriff, telling the sheriff to command someone to do something (as to release land being withheld from another). ...
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