Possession Writ Of - Law Dictionary Search Results
Home Dictionary Name: possession writ of Page: 2Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
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 The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after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...
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...
Assistance, writ of
Assistance, writ of, appears to have been first employed by the Court of Chancery in the reign of James I. It was provided for by the repealed Consolid. Ord. XXIX., r. 5, but has not reappeared in the Rules of the Supreme Court. Writ of possession is in practice substituted for it. R. S. C. Ord. XLVII., r. 2....
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....
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....
Interdict, Interdiction
Interdict, Interdiction, an ecclesiastical censure pro-hibiting the administration of the offices of re-ligion, either to particular persons or in particular places, or both, but usually the latter; see Hall. Mid. Ages, ch. vii., pt. I. This severe censure has been long disused. In the Civil Law interdicts were certain formula by which the process ordered or forbade something to be done; they were chiefly employed in disputes as to possession, or quasi-possession, and were nearly equivalent to our writ of injunction. For a division of them, see Sand. Just. Also, in Scots Law, an injunction...
Livery
Livery [fr. livrer, Fr.,], the act of giving possession, now superseded by the Real Property Act, 1845 (8 & 9 Vict. c.106), s. 2. 'Livery of seisin simply means the delivery of the feudal possession'; Williams on Seisin, p. 99. Also, release from wardship; also the writ by which possession was obtained; also, simply delivery, as a horse is said to stand at livery where the livery stable keeper delivers him to the owner for use as required. In London, the collective body of liverymen. Also the privilege of a particular company or society. See SEISIN....
Vacant possession
Vacant possession, in action of recovery of land. See R.S.C. 1883, Ord. IX., r. 9, as to mode of service of writ....
Habere facias seisinam
Habere facias seisinam (that you cause to have possession), a writ addressed to the sheriff to give seisin of a freehold estate recovered by ejectione firm' or other action, Old N.B. 154....
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