Writ Of Assistance Synonym In Michigan
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A writ of assistance is an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership. This writ, which may also be called a writ of restitution or writ of possession, usually serves as an eviction from real property.
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance".
In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
When used to evict someone from real property, such a writ is also called a writ of restitution or a writ of possession. In the area of customs, writs of assistance date from Colonial times. They were issued by the Court of Exchequer to help customs officials search for smuggled goods.
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.
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.
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 purpose of a writ is to enforce rights, compel actions, or correct errors. Writs are fundamental tools in both civil and criminal law, making sure that judicial decisions and legal principles are upheld.
