NAMIUM. Writ for taking cattle in withernam. A writ which lay where the sheriff returned to a plurics writ of replevin that the cattle or goods, etc., were eloined, etc.; by which he was commanded to take the cattle of t...
returning the cattle. A term applied to pledges given in the old action of replevin. 2 Reeve, Eng. Law, 177. °
L. Fr. For good and evil. A phrase by which a party accused of a crime anciently put himself:
L. Fr. Of the goods of the deceased. Dyer, 32.
L. Fr. Of good. memory; of sound mind. 2 Inst. 510... l”
Of the goods not administered. When an: administrator is appointed to succeed another, who has left the estate partially unsettled, he is said to be granted “administra-; tion de bonis non;” that is, of the goods not...
for not removing goods. A writ anciently directed to the sheriffs of London, commanding them, in cases where a writ of error was brought by a defendant against. whom 4a. judgment was recovered, to see that his goods and ...
challenge, and must then stand or fall ac-’ cording to their intrinsic merit and regu-. larity.
(Lat. From the goods of the testator, if he has any, and, if not, from those of the exrecutor.) A judgment rendered where an executor falsely pleads any matter as a release, or, generally, in any case where he is to be c...
TATI. Of the goods of the testator, or intestate. A term applied to a judgment awarding execution against the property of a testator or intestate, as distinguished from the individual property of his executor or administ...
for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of a place to repair and maintain a causeway, etc. Reg. Orig. 154.
Of the chief lords of the fee.
(For restoring charters.) A writ to secure the delivery of charters or deeds; a writ of detinue.
(For restoring chattels.) A writ to secure the return specifically of chattels detained from the owner. Cowell.
to take caution or ‘security. A writ which anciently lay against a bishop who held an excommunicated person in prison for his contempt, notwithstanding he had offered sufficient security (idoneam cautionem) to obey the...
L. Fr. Of flesh and blood. Affatre rechat de char et de sank. Words used in claiming a person to be a villein, in the time of Edward IT.
ERANDO. See CLERico CoNnvictTo, etc.
manding him to take such security and release the prisoner. Reg. Orig. 66; Fitzh.
house burning. One of the kinds of appeal formerly in use in England. Bract. fol. 1460; 2 Reeve, Eng. Law, 88.
cerning persons jointly enfeoffed, or seised. The title of the statute 84 Edw. I., which was passed to prevent the delay occasioned by tenants in novel disseisin, and other writs, pleading that some one else was seised j...
SANGUINITATE. Writs of cosinage, (q. v.)
to continue an assise. Reg. Orig. 217b.
for taking a contumacious person. A writ which issues out of the English court of chancery, in cases where a person has been pronounced by an ecclesiastical court to be contumacious, and in contempt. Shelf. Mar. & Div. 4...
Writ for delivering the copy of a libel. “An ancient writ directed to the judge of a spiritual court, commanding him to deliver to a defendant a copy of the libel filed against him in such court. Reg. Orig. 58. The wri...
for electing a coroner. A writ issued to the sheriff in England, commanding him to proceed to the election of a coroner, which is done in full county court, the freeholders being the electors. Sewell, Sheriffs, 372.
Writ for discharging or removing a coroner. A writ by which a coroner in England may be removed from office for some cause therein assigned. Fitzh. Nat. Brev. 163, 164; 1
From the body of the county at large, as distinguished from a particular neighborhood, (de vicineto.) 8 Bl. Comm. 360. Used with reference to the composition of a jury. State v. Kemp, 84 Minn. 61, 24 N. W. 349.
Lat. From whom. A term used to designate the person by, through, from, or under whom another claims. Brent vy. New Orleans, 41 La. Ann. 1008, 6 South. 793.
for admitting a guardian. , Reg. Orig. 93), 198.
in pieces.” This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded that it was literally the privilege of the creditors of an i...
DO. In Roman law. “Of cutting a debtor
TIONIS. A writ that lay where one was distrained for rent that ought to be paid by others proportionably with him. YFitzh.
TIQUI. Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims,
writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is still sometimes used in the United States. 4 Kent, Comm. 63;
being on a journey. <A species of essoin. 1 Reeve, Eng. Law, 119.
NIO. A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat.
writ which issued upon an essoin of malum lecté being cast, to examine whether the party was in fact sick or not. Reg. Orig. 8b.
DE DOTE ASSIGNANDA. Writ for assigning dower. A writ which lay for the widow of a tenant in capite, commanding the king’s escheater to cause her dower to be assigned to her. Reg. Orig. 297; Fitzh.
for having estovers. A writ which lay for a wife divorced aA mensa et thoro, to recover her alimony or estovers. 1 Bl. Comm. 441; 1 Ley. 6.
DE ESTREPAMENTO. A writ which lay to prevent or stay waste by a tenant, during the pendency of a suit against him to
A writ commanding the sheriff to arrest one who was excommunicated, and imprison him till he should become reconciled to the church. 83 Bl. Comm. 102, Smith vy. Nelson, 18 Vt. 511.
DO. A writ to deliver an excommunicated person, who has made satisfaction to the church, from prison. 8 Bl. Comm. 102.
WITHERNAMIUM. Writ for making execution in withernam. Reg. Orig. 820. A species of capias in wtthernam.
for exoneration of suit. A writ that lay for the king’s ward to be discharged of all suit
DO. Writ for retaking an excommunicated person, where he had been liberated from prison without making satisfaction to the church, or giving security for that purpose.
SIUM. <An obsolete writ addressed to the sheriff to levy the expenses of every citizen and burgess of parllament. 4 Inst. 46.
Writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire in parliament. Reg. Orig. 1910, 192.
L. Fr. Of necessity ; of pure necessity. See Fine Force.
OHRE PLACITANDO. A writ prohibiting the taking of fines for beau pleader. Reg.
PIENDO. A writ which lay for the release of one imprisoned for a re-disseisin, on payment of a reasonable fine. Reg. Orig. 222h.