(单词翻译:单击)
WRIT1 OF PREVENTION. This name is given to certain writs2 which may be issued in anticipation3 of suits which may arise. Co. Litt. 100. See Quia Timet.
WRIT OF RATIONABILI PARTE BONORUM. A writ which was sued out by a widow when the executors of her deceased husband refused to let her have a third part of her late husband's goods after the debts were paid. F. N. B. 284.
WRIT OF RESTITUTION4. A writ which is issued on the reversal of a judgment5, commanding the sheriff to restore to the defendant6 below, the thing levied7 upon, if it has not been sold, and if it has been sold, the proceeds. Bac. Ab. Execution, Q. Vide Restitution.
WRIT PRO8 RETORNO HABENDO, remedies, practice. The name of a writ which re-cites that the defendant was summoned to appear to answer the plaintiff in a plea whereof he took the cattle of the said plaintiff, specifying9 them, and that the said plaintiff afterwards made default, wherefore it was then considered that the said plaintiff and his pledges of prosecuting10 should be in mercy and that the said defendant should go without day, and that he should have re-turn of the cattle aforesaid. It then commands the sheriff, that he should cause to be returned the cattle aforesaid, to the said defendant without delay, &c. 2 Sell. Pr. 168. Vide Judgment in replevin.
WRIT OF PROCESS, Engl. law, pradice. If the defendant does not appear, in obedience11 to the original writ, there issue, when the time for appearance is past, other writs, returnable on some general return day in the term, called writs of process, enforcing the appearance of the defendant, either by attachment12, or distress13 of his property, or arrest of his person, according to the nature of the case.
2. These differ from the original writ in the following particulars; they issue not out of chancery, but out of the court of common law, into which the original writ is returnable; and, accordingly, are not under the great seal, but the private seal of the court; and they bear teste in the named of the chief justice of that court, and not in the name of the king himself. It may also be observed, that in common with all other writs issuing from the court of common law, during the progress of the suit, they are described as judicial14 writs, by way of distinction from the original one obtained from the chancery. 4 Bl. Com. 282. See further, as to the nature of those writs, 1 Tidd's Pr. 106-193, 4th edit.; 1 Sellon's Pr. 64-102.
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writ
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n.命令状,书面命令 | |
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writs
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n.书面命令,令状( writ的名词复数 ) | |
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anticipation
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n.预期,预料,期望 | |
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restitution
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n.赔偿;恢复原状 | |
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judgment
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n.审判;判断力,识别力,看法,意见 | |
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defendant
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n.被告;adj.处于被告地位的 | |
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levied
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征(兵)( levy的过去式和过去分词 ); 索取; 发动(战争); 征税 | |
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pro
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n.赞成,赞成的意见,赞成者 | |
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specifying
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v.指定( specify的现在分词 );详述;提出…的条件;使具有特性 | |
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prosecuting
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检举、告发某人( prosecute的现在分词 ); 对某人提起公诉; 继续从事(某事物); 担任控方律师 | |
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obedience
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n.服从,顺从 | |
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attachment
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n.附属物,附件;依恋;依附 | |
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distress
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n.苦恼,痛苦,不舒适;不幸;vt.使悲痛 | |
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judicial
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adj.司法的,法庭的,审判的,明断的,公正的 | |
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