Writ

Writ in Europe

Definition of Writ

A document in the King’s name and under the seal of the Crown, a Court or an officer of the Crown, commanding the person to whom it is addressed to do or forbear from doing some act. Writs are of two principal kinds prerogative and of right
(1) Prerogative writs are so called because they are issued by virtue of the Crown’s prerogative, and only granted at the discretion of the Court on a prima facie case being shown. They are the writs of mandamus, procedendo, prohibition, quo warranto, habeas corpus and certiorari (q.v.)
(2) Writs of right are of two kinds original and judicial. An original writ was anciently the mode of commencing every action at common law. It issued out of the common law side of the Chancery under the Great Seal. The modern writ of summons was introduced by the statute 2 & 3 Will. 4, c. 39.
A judicial writ is any writ which is issued by a Court under its own seal, as follows: (1) writs originating actions and other proceedings ; (2) interlocutory writs, issued during the course of an action before final judgment; (3) writs of execution. As to particular writs, see the various titles, and under De

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Definition of Writ is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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