Legal Term Dictionary

At common law. Such goods as after a shipwreck are cast upon the land by the sea, and, as lying within the territory of some county, do not belong to the jurisdiction "of the admiralty, but to the common law. 2 Inst. 167; 1 Bl. Comm. 290. Goods cast ashore More...

At common law. Such goods as after a shipwreck are cast upon the land by the sea, and, as lying within the territory of some county, do not belong to the jurisdiction "of the admiralty, but to the common law. 2 Inst. 167; 1 Bl. Comm. 290. Goods cast ashore from a wrecked vessel, where no living creature has escaped from the wreck alive; and which are forfeited to .the crown, or to persons having the fran¬chise of wreck. Cowell. ., In Amerioan law. Goods cast ashore by the sea, and not claimed by the owner within a year, or other specified period; and which, in such case, become the property of the state. 2 Kent, Comm. 322. In maritime law. A ship becomes a wreck when, in consequence of injuries re¬ceived, she is rendered absolutely unnaviga-ble. or unable to pursue her voyage, without •repairs exceeding the half of her value. ;Wood v. Insurance Co., 6 Mass. 479, 4 Am. Dec. 163; Collard v. Eddy. 17 Mo. 355; Baker v. Hoag, 7 N. Y. 558, 59 Am. Dec. 431; Peele v. Insurance Co., 19 Fed. Cas. 104; Lacaze v. State, 1 Add. (Pa.) 99. —Wreck commissioners are persons ap¬pointed by the English lord chancellor under the merchant shipping act 1876, (section 29,) to hold investigations at the request of the board of trade into losses, abandonments, ¦ damages, and casualties of or to ships on or near the coast of the United Kingdom, whereby loss of life is caused. Sweet Less...

Exempt from the forfeiture of shipwrecked goods and vessels to the king. Cowell.

Exempt from the forfeiture of shipwrecked goods and vessels to the king. Cowell. Less...

A precept in writing, couched in the form of a letter, running in the name of the king, president, or state, issuing from a court of justice, and sealed with its seal, addressed to a sheriff or other officer of the Jaw, or directly to the person whose action the More...

A precept in writing, couched in the form of a letter, running in the name of the king, president, or state, issuing from a court of justice, and sealed with its seal, addressed to a sheriff or other officer of the Jaw, or directly to the person whose action the court desires to command, either as the commencement of a suit or other proceeding or as incidental to its progress, and requiring the performance of a specified act, or giving authority and commission to have it done. For the names and description of variows particular writs, see the following titles. In old English law. An instrument !£ the form of a letter; a letter or letters oJf attorney. This is a Very ancient sense ot the word. In the old books, "writ" is used as equivalent to "action;" hence writs are sometimes divided into real, personal, and mixed. In Scotch law. A writing; an instrument in writing, as a deed, bond, contract, etc. 2 Forb. Inst, pt 2, pp. 175-179. —Alias writ. A second writ issued in the same cause, where a former writ of the same kind has been issued without effect.—Close writ. In English law, a name given to certain letters of the sovereign, sealed with his great seal and directed to particular persons and for particular purposes, which, not being proper for public inspection, were closed up and sealed on the outside; also, a writ directed to the sheriff instead of to the lord. 2 Bl. Comm. 346, 3 Reeve, Eng. Law, 45.—Concurrent writs. Duplicate originals, or several writs running at the same time for the same purpose, for serv¬ice on or arrest of a person, when it is not known where he is to be found; or for service on several persons, as when there are several defendants to an action. Mozley A Whitley. —Judicial writs. In English practice. Such writs as issue under the private seal of the courts, and not under the great seal of Eng¬land, and are tested or witnessed, not in the king s name, but in the name of the chief judge of the court out of which they issue. The word "judicial" is. used in contradistinction to "orig¬inal;" original writs being such as issue out of chancery under the great seal, and are witness¬ed in the king's name. See 3 Bl. Comm. 282. Pullman's Palace-Car Co. v. Washburn (C. C) 66 Fed. 792.—Junior writ. One which is is¬sued, or comes to the officer's hands, at a later time than a similar writ, at the suit of anoth¬er party, or on a different claim, against the same defendant.—Original writ. In English practice. An original writ was the process for-merly in use for the commencement of per-sonal actions. It was a mandatory letter from the king, issuing out of chancery, sealed with the great seal, and directed to the sheriff of the county wherein the injury was committed, or was supposed to have been committed, requir¬ing him to command the wrong-doer or accus¬ed party either to do justice to the plaintiff or else to appear in court and answer the accusa¬tion against him. This writ is now disused, the writ of summons being the process prescribed by the uniformity of process act for commencing personal actions; and under the judicature act, 1873, all suits, even in the court of chancery, are to be commenced by such writs of summons. Brown.—Patent writ. In old practice, an Open writ; one not closed or sealed up.—Peremptory writ. An original writ, called from the words of the writ a te feoerit seourum" and which directed the sheriff to cause the de¬fendant to appear in court without any option given him, provided tbe plaintiff gave the sheriff security effectually to prosecute his claim. The writ was very occasionally in use, and only where nothing was specifically demanded, but Only a satisfaction in general; as in the case of writs of trespass on the case, wherein no debt or other specific thing was sued for, but only damages 'to be assessed by a jury. Brown.— Prerogative writs. Those issued by the ex¬ercise of the extraordinary power of the crown (the court, in modern practice) on proper cause shown; namely t the writs of procedendo, mandamus, prohibition, quo warranto, habeas corpus, and certiorari, Less...

See DEBONO ET MALO; ASSIZE

See DEBONO ET MALO; ASSIZE Less...

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 df heresy.

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 df heresy. Less...

A writ which lay for a widow, 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. Fitzh. Nat Brev. 122, L.

A writ which lay for a widow, 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. Fitzh. Nat Brev. 122, L. Less...

The name of a writ which issues from the court of chancery, in aid of the execution of a judgment at law, to put the complainant into possession of lands adjudged to him, when the sheriff cannot execute the judgment. See Emerick v. Miller (Ind. App.) 62 N. E. 285; More...

The name of a writ which issues from the court of chancery, in aid of the execution of a judgment at law, to put the complainant into possession of lands adjudged to him, when the sheriff cannot execute the judgment. See Emerick v. Miller (Ind. App.) 62 N. E. 285; Hagerman v. Heltzel, 21 Wash. 444, 58 Pac. 586; O'Connor v. Schaeffel (City Ct. N. Y.) 11 N. Y. Supp. 737; Knight v. Houghtalling, 04 N. 0. 410. Less...

In English practice. A writ whereby certain persons (usually the clerk of assize and his sub-ordinate officers) are directed to associate themselves with the justices and Serjeants; and they are required to admit the said persons into their society in order to take the assizes. 3 Bl. Comm. 59.

In English practice. A writ whereby certain persons (usually the clerk of assize and his sub-ordinate officers) are directed to associate themselves with the justices and Serjeants; and they are required to admit the said persons into their society in order to take the assizes. 3 Bl. Comm. 59. Less...

A writ employed to enforce obedience to an order or judgment of the court It commands the sheriff to attach the disobedient party and to have him before the court to answer his contempt Smith, Act 176.

A writ employed to enforce obedience to an order or judgment of the court It commands the sheriff to attach the disobedient party and to have him before the court to answer his contempt Smith, Act 176. Less...

A writ which anciently lay against persons who had conspired to injure the. plaintiff, under the same circumstances which would now give him an action on the case.

A writ which anciently lay against persons who had conspired to injure the. plaintiff, under the same circumstances which would now give him an action on the case. Less...