WRIT1 OF PROCLAMATION, Engl. practice. A writ which issues, at the same time with the exigi facias, by virtue2 of Stat. 31 Eliz. c. 3, s. 1, by which the sheriff is commanded to make proclamations in the statute3 prescribed.
2. When it is not directed to the same sheriff as the writ of exigi facias is, it is called a foreign writ of proclamation. Lee's Dict. of Pr.; 4 Reev. Inst. 261.
WRIT OF QUARE IMPEDIT, English law. The remedy by which, where the right of a party to benefice is obstructed4, he recovers the presentation; and is the form of action now constantly adopted to try a disputed title to an advowson. Booth, 223 1 Arch. Civ. Pl. 34.
WRIT OF RECAPTION, practice. This writ lies where, pending5 an action of replevin, the same distrainor takes, for the same supposed cause, the cattle or goods of the same distrainee. See F. N. B. 169.
2. This writ is nearly obsolete6, as trespass7, which is found to be a pre-ferable remedy, lies for the second taking; and, as the defendant8 cannot justify9, the plaintiff must necessarily recover damages proportioned to the injury.
WRIT OF RIGHT, practice. The remedly appropriate to the case where a party claims the specific recovery of corporeal10 hereditaments in fee simple; founding his title on the right of property, or mere11 right, arising either from his own seisin, or the seisin of his ancestor or predecessor12. F. N. B. 1 B 3 Bl. Com. 391.
2. At common law, a writ of right lies only against the tenant13 of the free-hold demanded. 8 Cranch, 239.
3. This writ brings into controversy14 only the rights of the parties in the suit, and a defence that a third person has better title will not avail. Id.; 7 Wheat. 27; 3 Pet. 133. See 2 Wheat. 306; 4 Bing. N. S. 711; 3 Bing. N. S. 434; 4 Scott, R. 209; 6 Scott, R. 435; Id. 738; 1 Bing. N. S. 597; 5 Bing. N. S. 161; 6 Ad. & Ell. 103; 1 H. Bl. 1; 5 Taunt15. R. 326; 1 Marsh16. R. 68; 2 Bos. & P. 570; 1 N. R. 64; 4 Taunt. R. 572; 3 Bing. R. 167; 2 W. Bl. Rep. 1261; 1 B. & B. 17; 2 Car. & P. 187; Id. 271 Holt, R. 657; 8 Cranch, 229; 3 Fairf. 312; 7 Wend. 250; 3 Bibb, 57; 3 Rand. 568 2 J. J. Marsh. 104; 2 A. K. Marsh. 396; 1 Dana, 410; 2 Leigh, R. 1 4 Mass. 64; 17 Mass. 74.
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