Granted them return of writs, probate of wills and other privileges.
The deputy receives and opens in the sheriff's name all writs, the return or execution of which belongs to the bailiff of the liberty, and issues to the bailiff the warrant required for the due execution of such writs.
The administration of justice is entrusted to a supreme court, a continually increasing number of circuit courts (thirty-eight in 1909), one probate court in each county, and not exceeding four justices of the peace in each township. The supreme court is composed of one chief justice and seven associate justices, all elected for a term of ten years, not more than two retiring every two years; it holds four sessions annually, exercises a general control over the inferior courts, may issue, hear and determine any of the more important writs, and has appellate jurisdiction only in all other important cases.
Promises that in future writs of inquisition shall be granted freely without payment of any kind.
The earliest of these is his report of the argument of James Otis in the superior court of Massachusetts as to the constitutionality of writs of assistance.
Basingstoke returned two members to parliament in 1295, 1302 and 1306, but no writs are extant after this date.
In this capacity Thomas controlled the issue of royal writs and the distribution of ecclesiastical patronage; but it was more important for his future that he had ample opportunities of exercising his personal fascination upon a prince who was comparatively inexperienced, and thirteen or fourteen years his junior.
William's writs show not only that he kept intact the old system of governing through the sheriffs and the courts of shire and hundred, but also that he found it highly serviceable.
In 1662 there appeared also the Brevia parliamentaria rediviva, possibly a portion of the Brief Register of Parliamentary Writs, of which the fourth and concluding volume was published in 1664.
The bailiff then becomes liable for non-execution, mis-execution or insufficient return of any writs, and in the case of non-return of any writ, if the sheriff returns that he has delivered the writ to a bailiff of a liberty, the sheriff will be ordered to execute the writ notwithstanding the liberty, and must cause the bailiff to attend before the high court of justice and answer why he did not execute the writ.
And James II.; she had caused laws and writs to run in her own name, she had neglected to exact the oath of allegiance to the sovereign, though carefully exacting an oath of fidelity to her own government, she had protected the regicides, she had coined money with her own seal, she had blocked legal appeals to the English courts, she had not compelled the observance of the navigation acts.
The beginning of the active opposition to the crown may be placed in the resistance, led by James Otis, to the issuing of writs (after 1 75 2, Otis's famous argument against them being made in 1760-1761) to compel citizens to assist the revenue officers; followed later by the outburst of feeling at the imposition of the Stamp Act (1765), when Massachusetts took the lead in confronting the royal power.
He then attempted to revive the act of 1683 for raising revenue, but met with so much opposition that he issued writs for the election of another assembly.
The court has appellate jurisdiction only, except for the power to issue writs of mandamus, quo warranto, certiorari, injunction and other original and remedial writs.
He has also the almost mechanical function of representing the state for various formal purposes, such as demanding from other states the extradition of offenders, the issuing of writs for the election of members of the legislature and of members of the Federal House of Representatives, and the receiving of reports from various state officials or boards.
A Supplementary Act of the 3rd of March 1905 provides that writs of error and appeals may be taken from the Supreme Court of Hawaii to the Supreme Court of the United States " in all cases where the amount involved exclusive of costs or value exceeds the sum of five thousand dollars."
1 In several of the writs for distraint of knighthood from Henry III.
Writs were issued in Bohemia for the election to the Austrian Reichsrath; and when, on the 10th of July, this assembled, the Slav deputies were found to be in a majority.
About this time Gloucester made another attempt to deprive Beaufort of his see, and it was argued in the council that as a cardinal he could not hold an English bishopric. The general council was not inclined to press the case against him; but the privy council, more clerical and more hostile, sealed writs of praemunire and attachment against him, and some of his jewels were seized.
In this position, during the strike of the railway employes in Chicago in 1894, he instructed the district attorneys to secure from the Federal Courts writs of injunction restraining the strikers from acts of violence, and thus set a precedent for "government by injunction."
For purposes of personal service of writs, it means any time of the day or night on week-days, but excludes the time from twelve midnight on Saturday till twelve midnight on Sunday.
These writs entitled them to appear as plaintiffs against the lord in his own manorial court and, eventually, to have the question at issue examined by way of appeal, on a writ of error, or by reservation on some legal points in the upper courts of the king.
However, in July 1656 he issued writs for a second parliament which met in the following September.
Other writs having somewhat similar effect were in use at an early date, e.g.
It properly applied to persons detained before or without trial or sentence; and for convicted persons the proper remedy was by writs of Dicey, Law of the Constitution (6th ed.), p. 195.
The governor found that Lawrence had not resisted and would not resist the service of writs; by a written "agreement" with the free-state leaders he therefore withdrew his sanction from the Missourians and averted battle.
Preparations for another attack continued, particularly after Sheriff Jones, while serving writs in Lawrence, was wounded.
In the same year on the 24th of August Peteratte-Wode and William of Wykeham, clerk, were appointed keepers of the rolls and writs in the eyre for the forests of Hants and Wilts, of which Henry Sturmy was one of the justices.
By this charter the burgesses acquired the right of nominating annually two of their number for the office of portreeve so that the lord's steward might select one of them to exercise the office, an arrangement which continued till 1835; the bailiff's functions were defined and curtailed, and the lord's chancery was to be continually kept open for all requiring writs, and in Gower - not wherever the lord might happen to be.
In view of the necessity for increasing the episcopate in the 19th century and the objection to the consequent increase of the spiritual peers in the Upper House, it was finally enacted by the Bishoprics Act of 1878 that only the archbishops and the bishops of London, Winchester and Durham should be always entitled to writs summoning them to the House of Lords.
Writs of error in cases punishable with death are returnable only to the court of errors and appeals.
Appeals from the court of chancery as well as writs of error from the supreme court are heard by the court of errors and appeals.
In 1295 in addition to the county members, writs are found for two members to represent Bedford borough.
In the 13th century Baldwin Wake claimed return of writs and a market in Aveland.
This court has jurisdiction of appeals from equity courts in which the amount in controversy does not exceed $1000, except in cases involving the constitutionality of a Tennessee statute, contested election or state revenue, and ejectment suits; it has jurisdiction also of civil cases tried in the circuit and common law courts in which writs of error or appeals in the nature of writs of error are applied for.
The writs were cancelled, and the principle was established that the issuing of writs rested with the House itself.
On the 19th of February 1906 the parliament was dissolved, without writs being issued for a new election, a fact accepted by the country with an equanimity highly disconcerting The agreement with the crown which had made this course possible included the postponement of the military questions that had evoked the crisis, and the acceptance of the principle of Universal Suffrage by the Coalition leaders, who announced that their main tasks would be to repair the mischief wrought by the " unconstitutional " Fejervary cabinet, and then to introduce a measure of franchise reform so wide that it would be possible to ascertain the will of the whole people on the questions at issue between themselves and the crown.
He did not thrust members of the Commons into prison, or issue writs for ship-money.
The growth of naval organization is reflected in the Black Book of the Admiralty; the growth of taxation in the Liber custumaruri and Subsidy Rolls; the rise of parliament in the Parliamentary Writs (ed.
Writs for another parliament in the same year were addressed in addition to the counties of Waterford, Cork and Limerick; the liberties and crosses of Ulster, Wexford, Tipperary and Kerry; the cities of Waterford, Cork and Limerick; and the towns of Youghal, Kinsale, Ross, Wexford and Kilkenny.
Wall wapentake in Westriding was a liberty of the bishop of Lincoln, and as late as 1515 the dean and chapter of Lincoln claimed delivery and return of writs in the manor and hundred of Navenby.
For elections to the Senate the governors of states, and for general elections of the House of Representatives the governor-general, would cause writs to be issued.
This recourse in England sometimes took the form of the appeal to the king given by the Constitutions of Clarendon, just mentioned, and later by the acts of Henry VIII.; sometimes that of suing for writs of prohibition or mandamus, which were granted by the king's judges, either to restrain excess of jurisdiction, or to compel the spiritual judge to exercise jurisdiction in cases where it seemed to the temporal court that he was failing in his duty.
The argument of Otis on the writs of assistance Americans, including Charles Francis Adams and Edward Everett, and also various descendants of Cotton, united to restore the southwest chapel of St Botolph's church, and to erect in it a memorial tablet to Cotton's memory.
The judicial power of the state is vested: in a supreme court' of seven members (salary $6000 a year; elected for a term of ten years; the senior justice is chief justice) with appellate jurisdiction throughout the state, general superintendence over all inferior courts, power to issue, hear and determine writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and other original and remedial writs; nineteen (only five under the constitution of 1848) circuit courts, of one judge each except in the second circuit (including Milwaukee) in which there are four judges, elected (at a spring election, and not at the general state election) by the voters of the circuit district; probate judges, one elected (for two years) in each county, except where the legislature confers probate powers on inferior courts; and in towns, cities and villages, justices of the peace, elected for two years.