Right Writ Of - Law Dictionary Search Results
Home Dictionary Name: right writ ofRight, Writ of
Right, Writ of [breve de recto, Lat.], a procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called the writ of right proper. Abolished by 3 & 4 Wm. 4, c. 27; last used in 1835 in Davies v. Lowndes, (1835) 1 Bing NC 597....
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
writ of right
writ of right see writ ...
Right close, Writ of
Right close, Writ of, a writ which is directed unto the lord of ancient demesne, which lieth for those tenants within ancient demesne who hold their lands by charter in fee-simple, or in fee tail, or for life, or in dower, Fitz. N.B. 11 F.; and see Merttens v. Hill, (1901) 1 Ch p 853....
Dower, writ of right of
Dower, writ of right of, the remedy for a widow who had been deforced of part of her dower. Abolished by (English) C.L.P. Act, 1860, s. 26....
Sur Disclaimer, Writ of Right of
Sur Disclaimer, Writ of Right of, abolished by 3 & 4 Wm. 4, c. 27....
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
Quod permittat prosternere
Quod permittat prosternere, a writ, in the nature of a writ of right, to abate a nuisance, Fitz. N.B. 104. Abolished.Means 'that he permit to abate'. A writ to abate a nuisance, similar in nature to a petition of right, Black's Law Dictionary, 7th Edn., p. 1263.Means this is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere, the nuisance complained of; and, unless he so permits, to summon him to appear in court, and show cause why he will not. And this writ lies as well for the alienee of the party first injured, as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant, Commentaries on the Laws of England, 3 William Blackstone 222 (1768)....
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