Original Writ

practice in the English law, is a mandatory _ letter issued in the king’s name, sealed with his great seal, and directed to the sheriff of the county wherein the injury is committed or supposed to be, requiring him to command the wrong doer or party accused, either to do justice to the complainant, or else to appear in court, and answer the accusation against him. This writ is deemed necessary to give the courts of law jurisdiction. In modern practice, however, it is often dispensed with, by recourse, as usual, to fiction, and _ &@ proceeding by dill is substituted. In this country, our courts derive their jurisdiction from the constitution, and require no original writ to confer it. Improperly speaking, the first writ which is issued in a case, the word.

Vide 3 Bl. Com. 273; Walk. Intr. to Amer. Law, 514.