List Of Writs
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List Of Writs
This is a list of writs. Some of the writs listed below are abolished or obsolete in certain countries. A *Acquietandis Plegiis, a writ that lies for a surety against a creditor who refuses to acquit him after a debt is paid."Antiquities of the Law" (1870) 1 Albany Law Journa247/ref> *Writ of assistance issues out of the exchequer to authorise any person to take a constable to seize goods prohibited or uncustomed. * Arrestandis bonis ne dissipentur, a writ which lies for a man whose goods etc. are taken by another, who during the contest does or is like to make them away. *Arrestando ipsum qui pecuniam recepit, a writ that lies for apprehending a person who hath taken the King's prest money to serve in the wars, and hides himself when he should go. * Arresto facto super bonis mercatorum alienigenorum, a writ which lies for a denizen against the goods of an alien in recompense of goods taken from him in a foreign country after denial of restitution. * Attachment *Attaint "Writ". Encyc ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chat ...
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Feoffment
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept. Etymology The word ''feoffment'' derives from the Old French or ; compare with the Late Latin . England In English law, feoffment was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a feoffment could only be made of a fee (or "fief"), which is an estate in land, that is to say an ownership of rights over land, rather than ownership of the land itself, ...
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Dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law. The dower grew out of the practice of bride price, which was given over to a bride's family well in advance for arranging the marriage, but during the early Middle Ages, was given directly to the bride instead. However, in popular parlance, the term may be used for a life interest in property settled by a husband on his wife at any time, not just at the wedding. The verb ''to dower'' is sometimes used''.'' In popular usage, the term ''dower'' may be confused with: *A ''dowager'' is a widow (who may receive her dower). The term is especially used of a noble or royal widow who no longer occupies the position she held during the marriage. For example, Queen Elizabeth was technically the dowager queen after the death of George VI (though sh ...
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Distringas
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a court ...
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In Capita
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal (insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders, 1967 * In ...
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Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chat ...
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Knight Of The Shire
Knight of the shire ( la, milites comitatus) was the formal title for a member of parliament (MP) representing a county constituency in the British House of Commons, from its origins in the medieval Parliament of England until the Redistribution of Seats Act 1885 ended the practice of each county (or '' shire'') forming a single constituency. The corresponding titles for other MPs were ''burgess'' in a borough constituency (or '' citizen'' if the borough had city status) and ''baron'' for a Cinque Ports constituency. Knights of the shire had more prestige than burgesses, and sitting burgesses often stood for election for the shire in the hope of increasing their standing in Parliament. The name "knight of the shire" originally implied that the representative had to be a knight, and the writ of election referred to a belted knight until the 19th century; but by the 14th century men who were not knights were commonly elected. An act of Henry VI stipulated that those eligible ...
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Dedimus Potestatem
In law, ''dedimus potestatem'' (Latin for "we have given the power") is a writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ... whereby commission is given to one or more private persons for the expedition of some act normally performed by a judge. It is also called delegatio. It is granted most commonly upon the suggestion that a party, who is to do something before a judge or in a court, is too weak to travel. The grant has various uses, such as to take a personal answer to a bill in chancery, to examine witnesses, levy a fine, etc. References * * Writs Legal documents with Latin names {{English-law-stub ...
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Coram Nobis
A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. ''Google Scholar'' The term ''coram nobis'' is Latin for "before us" (''i.e.'', the king) and the meaning of its full form, , is "which hingsremain in our presence". The writ of ''coram nobis'' originated in the courts of common law in the English legal system during the sixteenth century. The writ of ''coram nobis'' still exists today in a few courts in the United States. In 1907, the writ became obsolete in England and replaced by other means of correcting errors; however, the writ survives in the United States in various forms in the federal courts, in the courts of sixteen states, and the District of Columbia court ...
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Contributione Facienda
In English law, contributione facienda is a writ which lies where several persons are jointly bound to the same thing, and one or more of them refuse to contribute their share. For example, if tenants in common, or joint, hold a mill Mill may refer to: Science and technology * * Mill (grinding) * Milling (machining) * Millwork * Textile mill * Steel mill, a factory for the manufacture of steel * List of types of mill * Mill, the arithmetic unit of the Analytical Engine early ... ''pro indiviso'', and equally share the profits thereof; the mill falling to decay, and one or more of them refusing to contribute to its reparation, the rest shall have this writ to compel them. See also * Contra formam collationis * Contra formam feoffamenti References * Writs English property law English legal terminology Legal documents with Latin names {{England-law-stub ...
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Contra Formam Feoffamenti
In English law, contra formam feoffamenti was a writ for a tenant who was infeoffed by the lord's charter to make certain suit and service to his court, and was afterwards distrained for more than was contained therein. See also * Contra formam collationis *Contributione facienda In English law, contributione facienda is a writ which lies where several persons are jointly bound to the same thing, and one or more of them refuse to contribute their share. For example, if tenants in common, or joint, hold a mill Mill may r ... References Writs English legal terminology Feudalism in England English property law Legal documents with Latin names {{England-law-stub ...
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