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Allocatur

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

practice, is the allowance of a writ; e. g. when. a writ of habeas corpus is prayed for, the judge directs it to be done, by writing the word allowed, and signing his name, this is called the allocatur. In the English courts this word is used to indicate the master or prothonotary’s allowance of a sum referred for his consideration, whether touching costs, damages, or an absolute estate of inheritance in contradistinction to a feud. In this country the title to land is essentially allodial, and every tenant in fee simple has an absolute and perfect title, yet in technical language his estate is called an estate in fee simple, and the tenure free and common socage.

3 Kent, Com. 390. Vide Cruise, Prel, Des. c.1, §13; 2 Bl. Com. 45.

For the etymology of this word vide 3 Kent, Com. 3938, note.