Page:Black's Law Dictionary (Second Edition).djvu/1241

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personal actions; and under the judicature act, 1873, all suits. even in the court of chnncery, are to be commenced by such writs of surnmons. Brown.-Patent writ. In old practice, an open writ; one not closed or sealed up --Pez'- emptory writ. An original writ__cnlied from the words of the writ :1 "si te fwant teourwn," and which directed the slieriif to cause the _defendant to appear in court_ivithoiit any option given him. provided the plaintiff gave the sheriff security effectually to prosecute his claim. The writ use very occasionally in use, and only where nothing was specifically demanded, hilt only a satisfaction in general: as in the case of writs of ti Chpfiss on the case, wherein no debt or other specific thing was sued for, but only d:iiii.iges to be assessed by a jury. Brown.- I-‘1-ei-ogative writs. Those issued by the ex- ercise of the extraordinary power of the crown (the court, in modern practice) on proper cause shown; namel , the writs of pruccilendo, mun- llamus proliibition, qua coarrlzuto, lmbeaa corp- us, and vortiorari.

WRIT DE BONO ET MALO. Bone ET l\LriLo: Assrzs.


WRIT DE EERETICO C0fl'U'REN- Do. In English law. The name of a writ formerly issued by the secular courts, for the execution, by burning, of a man who had been convicted in the ecclesiastical courts of heresy.

WRIT DE RATIONABILI PARTE BONORITM. A writ which lay for a wid- ow, against the executor of her deceased husband. to compel the executor to set off to her a third part of the decedent's personalty, after payment of his debts. Fitzii. Nat. Brev. 122, L.

WRIT OF ASSISTANCE. The mime of a writ which issues from the court of chau- (ery. in aid of the execution of a judgment zit law, to put the complainant into possesslon of iunds adjudged to him, when the sheriff cannot execute the judgment. See Finericl: v. Miiier (Ind. App.) 62 N. E. 285; Hngerman v. Heitzei. 21 Wash. 444, 58 Pac. F-R0: O'Connor v. Scliaetfel (City Ct. N. Y.) 11 N Y. Supp. 737; Knight v. Houghtaiilng, 94 N. C. 410.

WRIT OF ASSOCIATION. In English practice A writ wherehy certain persons (usually the clerk of iissize and his sub- onilnzite officers) are directed to associate themselves with the justices and serjeunts; mid they are required to admit the said persons into their society in order to take the assizes. 3 Bl. Comm. 59.

WRIT OF ATTACHMENT. A writ empioyed to enforce obedience to an order or judgment of the court. It commands the sherlif to attach the disoiiedient party and to have him before the court to answer his Coiiteniilt. Smith. Act. 178.

WRIT OF CONSPIRACY. A Writ which anciently lziy against persons who had Bl.Law Dict.(2d Ed.)—18



conspired to injure the plaintiff. under the some circumstances which would now give him an action on the case.

WRIT OF COVENANT. A writ which lies where a party claims damages for hreich of covenant; i. e., of a promise under seal.

WRIT OF DEBT. A writ which lies where the party claims the recovery of a deht; i. e., a liquidated or certain sum of money aiieced to be due to him.

WRIT O1-‘ DECEIT. The name of a writ which lies uhere one man has done anything in the name of another, by which the istter is dnmnilied and deceived. Fitzh. Nat. Brev. 95, E.

WRIT OF DELIVERY. A writ of ex- ecution empioyed to enforce a judgment for the deiivery of chattels. It C0lIilJ.i.'ll‘I(lS the sherifl to cause the chattels mentioned in the writ to be returned to the person who has ohtiiined the judgment: and, if the ciintteis cannot be found. to distrain the person against whom the judgment was given until he returns them. Smith. Act. 175: Sweet.

WRIT OF DETINUE. A Writ which iies where a party claims the specific recovery of goods and ch.-itteis, or deeds and \\ ritings, detained from him. This is sciiiniu used; trover is the more frequent renic-fly. in cases where it may be brought. Bouvier.

WRIT 01-‘ DOWER. This is either a writ of dower ‘ll-flde m'liIil- habot, which lies for a widow, commanding the tenant to ussign her dower. no part of which has yet been set oi! to her; or a writ of right of (lower, whereby she seeks to recover the remalnder of the dower to which she is entitled. part having been already received from the tenant.

WRIT OF EJECTMENT. The wrlt in an action of ejectinent, for the recovery of lands. See EJECTMENT.

WRIT OF ENTRY. A real action to recover the possession of land where the tenant (or owner) has been disseised or ot1ier- uise wrongfuiiy dispossessed, if the disscil~'- or has nllenct] the land, or if it has descended to his heir, the writ of entry is said to he in the per, because it aiieges that the defend- ant (the alienee or heir) obtained possession through the original disseisor. If two alien- otions (or descents) have tihen place, the writ is in the per and mi, hecause it allegesthat the defendant (the second aiienee) ob taincd possession througlv, the iirst aiicnee to whom the original disseisor had alieued it if more than two iiiieuations (or dc-sceiitsi have tniien place, the writ is in the post, be cause it simply nlieges that the defendant so

qulied possession after the original disseisln.