Scire Facias - Law Dictionary Search Results
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Petty-bag Office
Petty-bag Office, an office belonging to the Common Law jurisdiction of the Court of Chancery, for suits for and against solicitors and officers of that Court, and for process and proceedings by extents on statutes, recognizances, ad quod damnum scire facias to repel letters-patent, etc., Termes de la Ley. The term is derived from the little bag (parva baga) in which original writs relating to the business of the Crown were anciently kept.By the Great Seal Offices Abolition Act, 1884, s. 5, provision was made for the abolition of the office of Clerk of the Petty Bag, and the transfer of his duties, and in 1888, the last holder of the office dying, it ceased to exist.The Common Law jurisdiction of the Court of Chancery is now transferred to the High Court of Justice [(English) Jud. Act, 1925, s. 18(2)(b)], replacing (English) Jud. Act, 1873, s. 16).Pew [fr. puye, Dut.; appui, Fr.], an enclosed seat in a church. It is some what in the nature of an heirloom, and may descend by immemorial ...
Restitution, Writ of
Restitution, Writ of. If the judgment below was reserved in a court of error, the plaintiff in error might have had a writ of restitution in order that he might be restored to all he had lost by the judgment. If execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., r. 1). And, generally, if money, etc., be levied under a writ of execution, and the judgment be afterwards reversed or set aside, the party against whom the execution was sued out may have his writ of restitution; but where the judgment is set aside for irregularity, etc., restitution (when necessary) forms part of the rule; and if the goods or money be not restored, the Court will grant an attachment. A writ of restitution may also be awarded when a judgment in ejec...
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