Category: D

A

writ of redisseisin. A writ which lay where a man recovered by assise of novel disseisin land, rent, or com-mon, and the like, and was put in possession thereof by verdict, and afterwards was dis-seised of the same land, rent, or common, by him by whom he was disseised before. Reg. orig. 206b; Fitzh. Nat. […]

writ of right, of reasonable part A writ which lay between privies in blood, as between brothers in gavelkind, or between sisters or other coparceners for lands in fee-simple, where one was deprived of his or her share by another. Reg. orig. 3b; Fitzh. Nat Brev. 9, B. Abolished by St 3 & 4 wm. […]

writ of right of advowson. Reg. orlg. 29b. A writ which lay for one who had an estate in an advowson to him and his heirs ln fee-simple, if he were disturbed to present. Fitzh. Nat Brev. 30, B. Abollshed by St. 3 & 4 Wm. IV. c. 27

writ of right Reg. orig. 1, 2; Bract fol. 327b. See wbit or Right

writ to send the record and pro-cess of a cause to a superior court; a species of writ of error. Reg. orlg. 209

writ for fixing reasonable boundaries. A writ which lay to settle the boundaries be-tween tbe lands of persons in different towns, where one complained of encroach-ment. Reg. orig. 157b; Fitzh. Nat Brev. 128, M; Rosc. Real Act 31; 3 Reeve, Eng. Law, 48.

A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of hls goods. 2 Bl. Comm. 492; Fitzh. Nat Brev. 122, L; Hopkins v. wright, 17 Tex. 36

of the ravlsh-ment of maids. The name of an appeal formerly ln use ln England ln cases of rape. Bract fol. 147; 2 Reeve, Eng. Law, 38

In the civU law. A contract by whlch one who has a claim difficult to recover agrees wlth another to give a part, for the purpose of obtaining hls services to recover the rest. 1 Duval, note 201

An an

At

writ for proving property. A writ directed to the sheriff, to Inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. 3 Bl. Comm. 148; Reg. Orig. 85b.

The

writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by praecipe quod reddat, on default, or reddltion

writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by a party in a suit. Reg. orlg. 182

writ for acquitting or releasing pledges. A writ that lay for a surety, against him for whom he had become surety for the payment of a certain sum of money at a certain day, where the latter had not paid the money at the ap-pointed day, and the surety was compelled to pay it. Reg. […]

Lat On the ground; on a level. A term of the Roman law descrip-tive of the method of bearding causes, when the prsetor stood on the ground with the suit-ors, instead of tlie more formal method when he occupied a bench or tribunal; hence ln-formal, or summary

of

of a plea; of or in an action. Formal words used iu declarations and other proceedings, as descriptive of the particular action brought

A writ of trespass for carrying a pipe of wine so carelessly that It was stove, and the contents lost. Reg. orig. 110. Alluded to by Sir william Jones in his remarks on the cuse of Coggs v. Bernard, 2 Ld. Raym. 909. Jones, Bailm. 59

In the civil law. Au action to re-cover a pledge stolen. Inst 4, 1, 14

A writ which lay where there was a dis-pute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and lawful knights of his county and make the perambulation and set the bounds and Unfits in certainty. Fitzh. Nat Brev. 309, D.

A writ which lay to make partition of lands or tene-ments held by several as coparceners, tenants in common, etc. Reg. orig. 76; Fitzh. Nat Brev. 61, R; old Nat Brev. 142

A writ or action for damages caused by a pound-breach, (q. v.) It has long been obsolete. Co. Lltt 47b; 3 Bl. Comm. 146

Span. By word; by parol, white, New Recop. b. 2, tit. 19, c. 8, 8 2

of peace [breach of peace] and robbery, one of tbe kinds of criminal appeal formerly in use in England, nnd which lay in cases of robbery and breach of the peace. Bract, fol. 146; 2 Reeve, Eng. Law, 37

of peace, (breach of peace,) and wounds, one of the kinds of criminal appeal formerly in use iu Englnnd, and which luy in cases of assault, wounding, and breach of tlie peace. Bract, fol. 144; 2 Reeve, Eng. Law, 33

For keeping the peace, and for good behavior

writ for charging according to a rateable proportion. A writ which lay for a joint tenant, or tenant in common, who was distrained for more rent than his proportion of the land came to. Reg. orig. 182; Fitzh. Nat Brev. 234, H

L. Fr. of ofiice; in virtue of office; officially; in the discharge of or-dinary duty

A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion, or merely propter odium et atiam, (through ha-tred and ill will;) and if, upon the inquisi-tion, due cause of suspicion did not appear, then there issued another writ for the slier-iff to […]

Anew; afresh; a second time. A venire dc novo is a writ for sum

L. Fr

An ancient writ where a parson was employed in the royal service, etc., to ex-cuse and discharge him of non-residence. 2 Just. 264

A writ forbidding the justices from holding an assise in a particular case. Reg. orig. 221

of not pay-ing tithes. A term applied in English ec* clesiastical law to a prescription or claim to be entirely discharged of tithes, and to pay no compensation ln lieu of them. 2 Bl. Comm. 31

A writ which lay for a lord directed to the sheriff, com-manding him to apprehend a fugitive villein, and restore him, with all his chattels, to the lord. Reg. orlg. 87; Fitzh. Nat Brev. 77

of a modus of tithing. A term applied in English ec-clesiaetical law to a prescription to have a special manner of tithing. 2 Bl. Comm. 29; 3 Steph. Comm. 130

writ for taking a moderate amercement A writ, founded on Magna Charta, (c. 14,) which lay for one who was excessively amerced in a court not of record, dlrected to the lord of the court, or his hall

of or

A writ ln the nature of a writ of right, which lay where upon a subin-feudation the mesne (or middle) lord suffered hls under-tenant or tenant paraveil to be distrained upon by the lord paramount for the rent due him from the mesne lord. Booth, Real Act. 136

of the

writ of maln-tenance. A writ which lay against a person for the offense of maintenance. Reg. orlg. 189, 182b

writ of man-ucaption, or mainprise. A writ which lay for one who, being taken and Imprisoned on a charge of felony, had offered bail, which had been refused *, requiring tbe sheriff to discharge him on hls finding sufficient mainpernors or bail. Reg. orlg. 268b; Fltzh. Nat Brev. 249, G

A

The

writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, com-manding them to permit the persons named ln the writ to cross the sea from such port, on certain conditions. Reg. orig. 193b.

A writ of various forms, to enable a citizen to recover the liberties to which he was en-titled. Fitzh. Nat. Brev. 229; Reg. orig. 262.

writ of free passage. A species of quod permittat. Reg. orig. 155