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法律英语|英文法律词典 W-38

来源:www.gdmkk.com 2025-08-13

WRITS2, JUDICIAL3, practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery. 3 Bl. Com. 282.

WRIT1 OF M人工智能NPRIZE, English law. A writ directed to the sheriff commanding him to take sureties for the prisoner's appearance, commonly called mainpernors, and to set him at large. 3 B]. Com. 128. Vide Mainprize.

WRIT OF MESNE, Breve' de medio, old English law. A writ which was so called, by reason of the words used in the writ, namely, Unde idem A qui medius est inter8 C et praefatum B; that is, A, who is mesne between C, the lord paramount9, and B, the tenant10 paravail. Co. Litt. 100, a.

WRIT, ORIGINAL, practice, English law. An original writ is a mandatory11 letter issuing out of the court of chancery under the great seal and in a king's name, directed to the sheriff of the county where the injury is alleged12 to have been committed, containing a summary statement of the cause of complaint, and requiring him in most cases, to command the defendant13 to satisy the claim; and, on his failure to comply, then to summon him to appear in one of the superior courts of common law, there to account for his non-compliance. In some cases, however, it omits the former alternative, and requires the sheriff simply to enforce the appearance. Steph. Pl. 5.

WRIT OF REPLEVIN, practice. The name of a process issued for the recovery of goods and chattels14. Vide Replevin.

WRIT OF PRAECIPE. This writ is also called a writ of covenant15, and is sued out by the party to whom lands are to be conveyed by fine; the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other. 2 Bl. Com. 349, 350.


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