Elegit

I. He has chosen; an old writ of execution on a judgment for debt or damages, or upon recognizance, commanding the sheriff to deliver to the plaintiff all the defendant's goods and chattels, beasts of the plough excepted, and if these were not sufficient, a moiety of the defendant's lands, to hold until out of the rents and profits the debt should be levied, or till the defendant's interest should be ex.pired. The plaintiff had his choice (.elegit) of this writ or a fieri facias which ran against the goods only.

(Lat. Wehaschosen.) This is the name, in English practice, of a writ of execution first given by the statute of Westm. 2 (13 Edw. I. c. 18) either upon a judgment for a debt or damages or upon the forfeiture of a recognizance taken in the king’s court. It is so called because it is in the choice or election of the plaintiff whether he will sue out this writ ora fi. fa. By it the defendant’s goods and chattels are appraised, and all of them (except oxen and beasts of the plow) are delivered to the plaintiff, at such reasonable appraisement and price, in part satisfaction of his debt. If the goods are not suflicient, then the moiety of his freehold lands, which he had at the time of the judgment given, are also to be delivered to the plaintitf, to hold till out of the rents and profits thereof the debt be levied, or till the defendant's interest be expired. During this period the plaintiff is called “tenant by elegit,” and his estate, an “es. tate by elegit.” This writ, or its analogue, is in use in some of the United States, as Vir- H ginia and Kentucky. See 3 Bl. Comm. 418; 4 Kent, Comm. 431, 436, and notes; 10 Grat. 580.

See Execution, 3, Writs of.

I. (He has chosen.) ments for debt or damages, the defendant's goods to the plaintiff; and if defendant's lands to plaintiff then had actual elegit. The plaintiff facias, which ran 'against

Lat. [from Wt^«re, to choose.] (He has chosen.)

In practice. A writ of execution given by the statute of Westminster 2, (13 Edw. I.) c. 18, on jud^ents for debt or damages, or upon recognizance, and commanding the sheriff to deliver to the plaintiff all the defendant's goods and chattels, (beasts of the plough excepted,) and if these were not sufficient, a moiety of the defendant's lands, to hold until out of the rents and profits thereof the debt be levied, or till the defendant's interest be expired; and during such term or period the plaintiff is called tenant by elegit, and the estate created by such tenancy is termed an eetaU by elegit. Beg. Ort^.299, 301. Beg.Jud.2. Co. Litt. 289 b. 3 Bl. Com. 418. 2 Id. 161. 1 Steph. Com. 287. The statute gave the plaintiff his election to have either & fieri facias or this writ, and when the plaintiff prayed this writ, the entry on the roll was, quod elegit sibi executionem fieri de omnibue catallis et medietate terra, (that he hath elected to have execution of all the chattels and half of the land [of the defendant],) and the writ itself had a similar recital, quia elegit eibi liberari omnia bona, <bc. Hence the name of elegit. Beg* Orig. and Beg, Jud. ub. sup. This writ is st Ul in use in some of the United States, as Virginia, Kentucky and Alabama. 4 Kenfs Com. 431, 436, and notes. In England, a material alteration has lately been made in its form by the stat. 1 A: 2 Vict. c. 110, s. 11, which provides that upon an elegit the sheriff shall dehver the whole of the defendant's lands, instead of a moiety as before. 1 Steph. Com. 287, 288. Sid. 662. Sewel Vs Sheriff, 204. 2 Crabb's Beal Prop. 924, § 2288. 15 Mees. A W. 764.

Engl. practice, remedies, a writ of execution directed to the sheriff, commanding him to make delivery of a moiety of the party’s land, and all his goods, beasts of the plough only excepted. The sheriff, on the receipt of the writ, holds an inquest to ascertain the value of the lands and goods he has seized, and then they are delivered to the plaintiff, who retains them until the whole debt and damages have been paid and satisfied; during that term he is Wats. Sher. 206. As to the of the several states on the subject of seizing land and extending it, see 1 Hill. Ab. 555, 6.