Original writ

in the case of an Original proper to the action, that is never necessary, because if the declaration was in Assumpsit, the original would shew it was issued in case: if the declaration was upon a bond, the original would shew it was issued in debt; and, consequently, that it was a proper and legal foundation for the action

In English practice. 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 was committed or supposed to have been done, requiring him to command the wrongdoer, 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 a proceeding by bill 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 is sometimes called an original writ; but it Is not so in the English ORIGINALIA (Lat) In English law. The transcripts and other documents sent to the office of the treasurer remembrancer in exchequer are called by this name to distinguish them from recorda, which contain the judgments of the barons. ORIGINE PROPRIA NEMINEM POSSE voluntate sua eximi manifestum est. It is manifest that no one by his own will can renounce his origin (put off or discharge his natural allegiance). Code, 10. 34. 4. See 1 Bl. Comm. c. 10; 20 Johns. (N. Y.) 313; 3 Pet. (U. S.) 122, 246; Broom, Leg. Max. (3d London Ed.) 74.

In English Practice. 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 was committed or supposed to have been done, requiring him to command the wrongdoer, 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. Andr. Steph. PI. 02; Gould, PI. 14. This writ is now disused, the writ of summons being the process prescribed by the Uniformity of Process Act for commencing personal actions; and under the Judicature Act, 1873, all suits, even in the court of chancery, are to be commenced by such writs of summons; Brown. But before this, in modem English practice, the original writ was often dispensed with, by recourse to a fiction and a proceeding by bin 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 is sometimes called an original writ; but it is not so in the English sense of the word. See 3 Bla. Com. 273; Walker, Am. Law, passim. ORIGIN ALIA (Lat.). In English Law. The transcripts and other documents sent to the office of the treasurer-remembrancer in exchequer are called by this name to distinguish them from rccorda, which contain the judgments of the barons. The treasurer- remembrancer’s office was abolished in 1833.

In English practice. An original writ was the process formerly in use for the commencement of personal actions. It was a mandatory letter from the king, issuing out of chancery, sealed with the great seal, and directed to the sheriff of the county wherein the injury was committed, or was supposed to have been committed, requiring him to command the wrong-doer or accused party either to do justice to the plaintiff or else to appear in court and answer the accusation against him. This writ is now disused, the writ of summons being the process prescribed by the uniformity of process act for commencing personui actions; and under the judicature act, 1873, all suite, even in the court of chancery, are to be commenced by such writs of summons. Brown.

Defined under Writ in Black's Law Dictionary.

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.