Page:Black's Law Dictionary (Second Edition).djvu/1227

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


WARRANT, 1:. In conveyancing. To assure the title to property sold, by an express covonant to that effect in the deed of conveyance. To stipulate by an express cove- nant that the title of a grantee shall be good, and his possession undisturbed.

In contracts. To engage or promise that a certain fact or state of facts, in relation to the subject-matter, is, or shall be, as it is represented to be.

WARRANT, n. 1. A writ or precept from a competent authority in pursuance of law, (Llrectlng the doing of an act, and addressed to an officer or person competent to do the act, and atforiling him protection from damage, if he does it. People v. Wood, 71 N. Y. 376.

2. Particularly, a writ or precept issued by a magistrate, justice, or other competent authority, addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person therein named, and bring him before the magistrate or court, to answer, or to be examined, toiichlng some offense which he is charged with having com- mitted. See, also, BENCH-WARRANT: Samson- Wariaairr.

3. A warrant is on order by which the draw er authorizes one person to pay a particular sum of money. Shawnee County V. Carter. 2 Knn. 130.

4. An authority issued to a collector of taxes. empowering him to collect the taxes extended on the assessment roil, and to make distress and sale of goods or land in default of payment.

5. An order issued by the proper authorities of a niunicipai corporation, authorizing the payee or holder to receive 11 certain sum out of the municipal treasury.

—Bencli wan-ant. See BENUH.—DeBfh wan-n:nt. A warrant issued genernily by the chief executive authority of a stnte. directed to the sherifl or other proper iocol officer or the warden of a jail, commanding him at a certain time to proceed to carry into execution a sentence of death imnnsed by the court upon a can- victed crimiua .—Distx-ess warrant. Sce DIS- rm-:ss.—Genernl warrant. A process which foi-mcriv issued from the state secret.-iry's offire in England to take up (without naming any persons) the sutbor, printer, and publisher of such obscene and seditious libels as wcie specified in it‘ It was declared illegal and void fur uncertainty by a vote of the house of com- mons on ‘the 22d Aprii. 1766. YVhnrton.—Land war-rant. A warrant issued at the incai land offices of the United States to purchasers of Dllllllf‘ lands. on the sur1'l=n(ler nt which at the general land office at Washington, they receive n cnnvc_\r:uce from file gencrai govt-rnnient.— Landlord‘: warrant. See Nm.oRn.— Sen:-cli warrant. See that titie.—W

creditor. See CRnnrroi2.—War-rant in bankruptcy. A warrant issued. upon an ad- judication in bankruptcy. directing the marshal to take possession of the hankrnpt's property, notify creditors. etc ——War-rant of arrest. See Annns'i‘.—Warr:u-it of attorney. In practice. A written authority. directed to any attorney or attorneys of any court of record, to appear for the party executing it, and receive




a declaration for him in an action at the suit of a person named, and thereupon to confess the same, or to suifer judgment to pass by default; and it also usuaily contains a reiease of errors, 2 Bui-rill, Pr. ‘3"9; Treat v. Toiman. 113 Fed. 892. 51 0. C. A. 522.—Warrant of mitment. A warrant of commitment is a written authority cammitthrg a person to custody.—War-rant officers. In the United States navy, these are a class of inferior ot- ficers who hoid their rank by virtue of a written warrant instead of a commission. including boatswains, gunners. carpenters. stc.—Wa.rrant to sun and defend. In old practice. A special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. 3 Bl. Comm. 25. special authority given by 21 party to his attorney, to commence a suit, or to appear and defend a suit. in his be alf These warrants are now disused, though formal entries of them upon the record were long retained in practice. 1 Burriii, Pr. 39.

WARRANTEE. warranty is made.

A person to whom a

WABEANTIA CHABTIE. In old practice. Warranty of charter. A nrit which lay for one who. being enfeoftod of lands or tenements, witli a clause of uzirranty. was afterwards impleaded in an assize or other action in which he could not vouch to warranty. In such case, it might be brought against the rvarrantor. to compel him to assist the tenant with a good pica or defense. or else to render damages and the mine of the land, it recovered against the tenant. Cowell: 3 BL Comm. 300.

WARRANTIA CUSTODIEJ. An old English writ, which iay for him who was chailenged to be a ward to another, in respect to land said to be holden by knight- serrice; which land, when it was bought by the ancestors of the ward, was warranted free from such thraldom. The writ lay against the warrantor and his heirs. Cowell.

WABRANTIA DIEI. A Writ which lay for a man who, having had a day assigned him personally to appear in court in any action in which he was sued, was in the mean time, by coinmandment. employed in the i:iii,q‘s service, so tiiat he could not come at the day assigned. It was directed to the justices that they might not record him in default for that day. Cowell.

WARRANTIZARE. In old conveyacning. To w-irrant; to bind one's self, by covenant in a deed of conveyance, to defend the grantee in his fltie and possession.

Warwnntiznre est defendere et acqui- etare ‘ uni Ill vncavlt, in seisina nun; et tenens the re war:-anti excambiuxn linbdbit ad valentiam. C0. Litt. 365. To warrant is to defend and insure in peace the tenant, who calls for warranty, in his seisin; and the tenant in warranty will hnve an exchange in proportion to

its value.