Writ Of Assistance Example In Travis
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Writs of assistance were general search warrants that British American courts began issuing to empower customs officials to combat smuggling.
Among the grounds for which the colonists opposed the writs were that they were permanent and even transferable; the holder of a writ could assign it to another; any place could be searched at the whim of the holder; and searchers were not responsible for any damage they caused.
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.
The enforcement of the Sugar Act, including the use of 'writs of assistance' that allowed customs officials to search colonists' homes and businesses, further angered the colonists and contributed to growing resentment towards the British government.
Writs of assistance gave the King's men – customs officials generally, but not exclusively – carte blanche to search the homes, papers and belongings of anyone. They permitted officials to “enter and go into any House, Warehouse, Shop, Cellar or other Place” to seize contraband goods.
In 1760, governor Bernard of Massachusetts authorized the use by revenue officers of writs of assistance. Writs of assistance were documents which served as a general search warrant, allowing customs officials to enter any ship or building that they suspected for any reason might hold smuggled goods.
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.
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.
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.
