Writs of assistance were general search warrants that British American courts began issuing to empower customs officials to combat smuggling.
Writ, in common law, order issued by a court in the name of a sovereign authority requiring the performance of a specific act. The most common modern writs are those, such as the summons, used to initiate an action.
There are five kinds of writ – habeas corpus, mandamus, quo-warranto, prohibition, and certiorari.
One example of a writ of assistance would be the Malcolm Affair. In this case, customs officials searched the home of Daniel Malcolm. However, Malcolm would not let them search a part of his cellar without the legal right to do so by threatening violence if they did because he believed they were acting illegally.
The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari.
Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorised to do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order.
In 1773 Parliament passed a Tea Act designed to aid the financially troubled East India Company by granting it (1) a monopoly on all tea exported to the colonies, (2) an exemption on the export tax, and (3) a “drawback” (refund) on duties owed on certain surplus quantities of tea in its possession.
Example Sentences If the tenants do not move voluntarily, the city can request a writ of assistance from the Rock County Courts to allow law enforcement to remove them from the property, Klimczyk said.
Writ of assistance, in English and American colonial history, a general search warrant issued by superior provincial courts to assist the British government in enforcing trade and navigation laws.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at the discretion of the judge, after judgment is rendered.