Writ Of Process

English Law: Writ of Process in the Past

If the defendant does not appear, in obedience 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 attachment or distress of his property (see more about this popular legal topic in the U.K. encyclopedia) or arrest of his person, according to the nature of the case.

Developments

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 judicial writs, by way of distinction from the original one geted 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. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about writ of process is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including writ of process.

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