Right Writ Of - Law Dictionary Search Results
Home Dictionary Name: right writ of Page: 4Recto de custodia terr' et h'redis
Recto de custodia terr' et h'redis, a writ of right of ward of the land and heir. Abolished....
Mise
Mise [Fr., mise, mise en gage, stake-money], disbursement, costs; also a tax or tallage, etc.' also, the issue in a writ of right. It is sometimes corruptly used for measeor mees-i.e., a messuage....
Consuetudinibus et serviciis
Consuetudinibus et serviciis, a writ of right close, which lay against a tenant who deforced his lord of the rent or service due to him, Reg. Brev. 159; Fitz. N.B. 151; and New Nat. Brev. 330....
Admittendo clerico
Admittendo clerico, a writ of execution upon a right of presentation to a benefice being recovered in quare impedit, addressed to the bishop or his metropolitan, requiring him to admit and institute the clerk or presentee of the plaintiff, Reg. Brev. 33 a....
instrument
instrument 1 : a means or implement by which something is achieved, performed, or furthered [an of crime] 2 : a document (as a deed, will, bond, note, certificate of deposit, insurance policy, warrant, or writ) evidencing rights or duties esp. of one party to another under the law [no person is liable on an unless his signature appears thereon "Uniform Commercial Code"] [an indictment is a form of charging ] ;specif : negotiable instrument ...
Quare non permittit
Quare non permittit, an ancient writ, which lay for one who had a right to present to a church for a turn against the proprietary, Fleta, 1. 5, c. 6.Means why he did not permit. A writ for one who has a right to present to a church, against the proprietor, Black's Law Dictionary, 7th Edn., p. 1256....
Sine assensu capitali
Sine assensu capitali, an abolished writ where a bishop, dean, prebendary, or master of a hospital aliened the lands holden in right of his bishopric, deanery, house, etc., without the assent of the chapter or fraternity, in which case his successor should have this writ, Fitz. N.B. 195....
Quare obstruxit
Quare obstruxit, a writ which lay for him who, having a liberty to pass through his neighbour's ground, could not enjoy his right because the owner had obstructed it, Fleta, 1. 4, c. 26.Means why he obstructed. A writ for one who could not enjoy a privilege to pass though a neighbour's land because the neighbour had obstructed the path, Black's Law Dictionary, 7th Edn., p. 1256....
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial