Right Writ Of - Law Dictionary Search Results
Home Dictionary Name: right writ of Page: 2Magna assisa eligendia, Writ de
Magna assisa eligendia, Writ de. The first species of extraordinary trial by jury is that of the grand assize, which was instituted by Henry II., in parliament, by way of alternative offered to the choice of the tenant or defendant in a writ of right, instead of the barbarous and unchristian custom of duelling. The writ issued to the sheriff to return four knights, who were to elect and choose twelve others to be joined with them, and these, all together, formed the grand assize or great jury, which was to try the matter of right. Abolished by 3 & 4 Wm. 4, c. 27, 3 Bl. Com. 351....
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
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...
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....
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....
Warrant
Warrant, an authority; a precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons.Means a warrant issued under sub-s. (1) of s. 7 of sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(d)]A writ directing or authorising some one to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure, Black's Law Diction-ary, 7th Edn., p. 1579.Warrant, means a warrant issued under sub-s. (1) of s. 7 or sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003, s. 2(d)]...
Real action
Real action, one brought for the specific recovery of lands, tenements, and hereditaments.Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own. They were founded on dominion, or jus in re.The real actions of the Roman Law were not, like the real actions of the Common Law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions pervades the Common and Civil Law. Thus we have, in the Common Law, the distinct classes of real actions, personal actions, and mixed actions--the first, embracing those which concern real estate where the proceeding is purely in rem; the next, embracing all suits in personam for contracts and torts; and the last embracing those mixed suits where the person is liable by reason of and in connection with property, Story's Confl. Laws, 781.By the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27...
Nativo habendo
Nativo habendo, a writ that lay to a sheriff from a lord who claimed inheritance in any villein, when his villein had absconded, for the apprehending and restoring him to such lord. It was in the nature of a writ of right to recover inheritance in a villein; upon which the lord pursued his plaint, and declared thereupon, and the villein made his defence, so that the question of freedom was tried and determined, Fitz. N.B. 77....
Formedon
Formedon, a writ in the nature of a writ of right, which was the remedy for a tenant in-tail on a discontinuance. It was of three kinds: (1) in descender; (2) in remainder; (3) in reverter, 3 Reeves, 4. Abolished by the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 36....
Formedon
A writ of right for a tenant in tail in case of a discontinuance of the estate tail This writ has been abolished...
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