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In English law, a writ of scire facias (Latin, meaning literally "make known") is a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or formerly why, in the case of letters patent and grants, the patent ...
Habere facias visum, a writ commanding a view of the lands in question. [14] Habere facias seisinam, a writ of execution commanding the sheriff to give the plaintiff possession of a freehold. Where the interest is less than the freehold the writ is known as habere facias possessionem. [14] Homine replegiando, a writ to bail a man out of prison ...
all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Under the All Writs Act, federal district courts have the "power to issue writs of scire facias, habeas corpus, and all other writs not specifically provided for by statute". Congress had not specifically provided by statute the authority for federal courts to issue a writ of coram nobis ; therefore, the All Writs Act provides federal courts ...
Prerogative writ" is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. [1] It was originally available only to the Crown under English law , and reflected the discretionary prerogative and extraordinary power of the monarch.
Aboriginal title, Treaty of Waitangi, Scire facias R v Symonds (The Queen v Symonds) was an 1847 New Zealand Supreme Court [ a ] case that incorporated the concept of aboriginal title into New Zealand law and upheld the government's pre-emptive right of purchase to Māori land deriving from the common law and expressed in the Treaty of Waitangi .
On 13 April 1860 one Emil Preller sued Taylor, and Mr Garth Marshall, the high sheriff of York, executed a writ of scire facias against Taylor and machinery was seized in appropriation of the claims. On 30 May 1860 the Holroyds filed a bill for relief claiming that they had superior title.
All Writs Act; Recurso de amparo; Arrestandis bonis ne dissipentur; Arrestando ipsum qui pecuniam recepit; Arresto facto super bonis mercatorum alienigenorum; Writ of assistance; Writ of attaint; Atturnato faciendo vel recipiendo; Audita querela; Auxilium ad filium militem faciendum et filiam maritandam; Ayel