Writ of false judgment. Reg. Orig. 15; Fitzh. Nat Brev. 18. See FAI.SE JUDGMENT.
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(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 giving security to the sheriff that the man shall be forthcoming to answer any charge against him. Fitzh. Nat. Brev. 66; 3 Bl. Comm. 129. This writ has been superseded almost wholly, in modern practice, by that of habeas corpus; but it is still used, in some of the states, in an amended and altered form. See 1 Kent, Comm. 404n; 34 Me. 136.
The law does not care for, or take notice of, very small or trifling matters. The law does not concern
itself about trifles. Cro. Eliz. 353. Thus, error in calculation of a fractional part of a
penny will not be regarded. Hob. 88. So, the law will not, in general, notice the fraction
of a day. Broom, Max. 142.
Writ for proving prnpi rtv. 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. 856.
Writ of rescue or res- cous. A writ which lay where cattle distrained,
or persons arrested, were rescued from those taking them. Reg. Orig. 117, 118; Fitzh.
Nat. Brev. 101, C, G.
Of not allowing talliage. The name given to the statutes 25 and 34 Edw. I., restricting
the power of the king to grant talliage. 2 Inst. 532 ; 2 Reeve, Eng. Law, 104.
In ecclesiastical law. A minister or servant in the church, whose office is to assist the priest In divine service and the distribution of the sacrament. It is the lowest order in the Church of England.
Transactions in the course of trade or business. Held to include payments to a bankrupt. Moody & M. 137; 3 Car. & P. 85.
He owes and detains. Words anciently used in the original writ,
(and now, in English, in the plaintiff’s declaration.) in an action of debt, where it was
brought by one of the original contracting parties who personally gave the credit,
against the other who personally incurred the debt, or against his heirs, if they were
bound to the payment; as by the obligee against the obligor, by the landlord against
the tenant, etc. The declaration, in such cases, states that the defendant “oices to,” as
well as “detains from,” the plaintiff the debt or thing in question; and hence the action
is said to be “in the debet ct detinet.” Where the declaration merely states that the
defendant detains the debt, (as in actions by and against an executor for a debt due to
or from the testator,) the action is said to be “in the detinet” alone. Fitzh. Nat. Brev.
119, G.; 3 Bl. Comm. 155.
L. Lat. Debt without writ; debt without a declaration. In old practice, this term denoted an action begun by original bill, instead of by writ. In modern usage, it is sometimes applied to a debt evidenced by confession of judgment without suit. Tlie equivalent Norman-French phrase was “debit sans breve.” Both are abbreviated to d. s. 6.
A deceased person; one who has lately died. Etymologically the word
denotes a person who is dying, but it has come to be used in law as signifying any
defunct person, (testate or intestate,) but always with reference to the settlement of his
estate or the execution of his will. In re Zeph’s Estate, 50 Hun, 523, 3 N. Y. Supp. 400.
Dal. 50. Tithes belong to the parson by divine right and canonical institution.
In Scotch law. An action whereby it Is sought to have some right of
property, or of status, or other right judicially ascertained and declared. Bell.
A pond used for the breeding and maintenance of water-fowl. Keeble v. Uickeringshall, 3 Salk. 10.
The feast of dedication of churches, or rather the feast day of
the saint and patron of a church, which was celebrated not only by the inhabitants of
the place, but by those of all the neighboring villages, who usually came thither ; and
such assemblies were allowed as lawful. It was usual for the people to feast and to
drink on those days. Cowell.
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