438.— Pre injunction. An _ injunction granted at the institution of a suit, to restrain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made perp...
Writ of forfeiture of marriage. Reg. Orig. 163, 164.
Concerning those that break prison. The title of the statute 1 Edw. II. ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaking prison only, unless the cause for which he w...
writ for respiting or postponing homage.
DE GRATIA. Of grace or favor, by favor. De specialéi gratia, of special grace or favor. l (Lat. For replevying a man:) <A writ which lies to replevy a man out of prison, or out of the custody of a private person, upon ...
SISIS. Of those who are to be put on assises. The title of a statute passed 21 Edw. I. defining the qualifications of jurors. Crabb, Eng. Law, 167, 189; 2 Reeve, Eng. Law, 184.
Writ concerning an heir ravished and carried away. <A writ which anciently lay for a lord who, having by right the wardship of his tenant under age could not obtain his body, the same being carried away by .another perso...
(Lat. For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, .and had relapsed into heresy. It is said to be very ancient. Fitzh. Nat.
-DE IDENTITATE NOMINIS. A writ which lay for one arrested in a personal action and committed to prison under a mistake as to his identity, the proper defendant bearing the same name, Reg. Orig. 194.
Concerning an inofficious or undutiful will.
name of a statute passed in the reign of Edward I. which enacted severe and arbitrary penalties against the Jews.
panees De Jure Maritimo. -
L. Vr. Of the most fair. <A term applied to a species of dower, which was assigned out of the fairest of the husband’s tenements. Litt. § 48. This was abolished with the military tenures. 2 Bl. Comm. 182; 1
From the side; on the side; collaterally; of collaterals. Cod. 6, 5, 6.
Of legacies and trusts. The name of a title of the Pandects. Dig. 30.
the tenant, to the injury of the reversioner.
neighbors in any parish, in public or private places, to their annoyance. Reg. Orig. 267;
for proving liberty. A writ which lay for such as, being démanded for villeins or niefs, offered to prove themselves free. Reg.
A writ of various forms, to enable a citizen to recover the liberties to which he was entitled. Fitzh. Nat. Brev. 229; Reg. Orig. 262.
Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, commanding them to permit the persons named in the writ to cross the sea from such port, on cert...
name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is a lunatic or not.
writ by which the grand assise was chosen and summoned. Reg. Orig. 8; Fitzh. Nat.
for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separately) he will take judgment. 1 Arch. Pr. K. B. 219; Kn...
DI. A writ to send the tenor of a record, or to exemplify it under the great seal. Reg.
DE MANUTENENDO. Writ of maintenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 189, 1820.
PIENDA. Writ for taking a moderate amercement. A writ, founded on Magna
iff, commanding him to take a moderate amercement of the party. Reg. Orlg. 86);
SAM. <A writ forbidding the justices from holding an assise in a particular case. Reg.
GIS. An ancient writ where a parson was employed in the royal service, etc., to excuse and discharge him of non-residence. 2. Inst. 264.
Of unsound memory or mind; a phrase synonymous with non compos mentis.
In the civii law. A form of interdict or injunction which lies in some cases where the defendant is about to erect a “new work” (q. v.) in derogation or injury of the plaintiff’s rights.
L. Fr. Of office; in virtue of office; officially; in the discharge of ordinary duty.
TIONE. 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.
DA. For Keeping the peace, and for good behavior.
moning a jury for the second trial of a case which has been sent back from above for a new trial.
A writ which lay where there was a dispute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and Jawful knights of his county and make the p...
ACTIO. Inthe civil law. An action to recover a pledge stolen. Inst. 4, 1, 14.
wounds and mayhem. The name of a criminal appeal formerly in use in England, in cases of wounding and maiming. Bract. fol. 1440; 2 Reeve, Eng. Law, 34. See APPEAL.
Lat. On the ground; on a level. A term of the Roman law descriptive of the method of hearding causes, when the preetor stood on the ground with the suitors, instend of the more formal method when he oceupled a bench or t...
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 ata certain day, where the latter had not paid the money at the appoi...
CEPTIONEM. 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.
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 thé property. 3 BI.
statute 17 Edw. I., St. 1, c 9, defining the prerogatives of the crown on certain subjects, but especially directing that the king shall have ward of the lands of idiots, taking the profits without waste, and finding the...
common law, a writ which a widow entitled to quarantine might sue out in case the heir or other persons ejected her. It seems to have been & summary process, and required the sheriff, if no just cause were shown against ...
cieat writ of entry.
RUM. A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 492;
was ogain disseised by the former disseisor. Writ for fixing reasonable boundaries. <A writ which lay to settle the boundaries between the lands of persons in different towns, where one complained of encroachment. Reg. ...
DE REBUS. Of things. The title of the third part of the Digests or Pandects, comprising books 12-19, inclusive.
or matters. Dig. 34, 5.
TENDIS. Writ to send the record and process of a cause to a superior court; a species of writ of error. Reg. Orig. 209.