Latitat

Latitat

A latitat is a legal device, namely a writ, that is "based upon the presumption that the person summoned was hiding", see Blackstone.

In England the writ, is essentially a summons out of the civil, and in those days common law only court King's Bench. It is now defunct but examples still exist from 1579 and 1791. One example from the 16th Century was a writ presented to the Star Chamber, a powerful court operating outside the normal system of law. In that example, the Court of King's Bench had issued a writ of latitat directing the King's Sheriff to arrest the named person and present him before the court at a specified time and place. The matter had come before the Star Chamber because the arrest had been resisted and the Under-Sheriff (a Crown official) assaulted and a writ of subpoena was now requested. The writ may have arisen in 1566 because at that time there was a 'Bill for Latitat for Vexation out of the King's Bench' before Parliament and there was another in 1802.

The current practice would be for the issue of a subpoena. If the person concerned failed to appear, the High Court of England and Wales has the power to issue a Bench Warrant i.e. a warrant for the arrest of the person concerned, who may then be subject to arrest under that aegis of The Tipstaff and presentation before the court for contempt of court.

A horse named Latitat competed in the 1847 Grand National at Aintree, finishing thirteenth of twenty-three to complete the course.

External links

Website with text of a Writ of Latitat described above:
* http://www.glenister.org/items/glenstar.asp


Wikimedia Foundation. 2010.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Latitat — Lat i*tat, n. [L., he lies hid.] (O. Eng. Law) A writ based upon the presumption that the person summoned was hiding. Blackstone. [1913 Webster] …   The Collaborative International Dictionary of English

  • latitat — /Isetstst/ In old English practice, a writ which issued in personal actions, on the return of non est inventus to a bill of Middlesex; so called from the emphatic word in its recital, in which it was testified that the defendant lurks [latitat]… …   Black's law dictionary

  • latitat — /Isetstst/ In old English practice, a writ which issued in personal actions, on the return of non est inventus to a bill of Middlesex; so called from the emphatic word in its recital, in which it was testified that the defendant lurks [latitat]… …   Black's law dictionary

  • Latitat et discurrit — He lies hidden, or lurks, and wanders about, formal words used in a writ of latitat. See 3 Bl Comm 286 …   Ballentine's law dictionary

  • latitat — He lies hidden; a writ running outside the county to summon one who lay concealed there to the king s bench. See 3 Bl Comm 286 …   Ballentine's law dictionary

  • latitat — latˈitat noun A writ based on the supposition that the person summoned is in hiding • • • Main Entry: ↑latitant …   Useful english dictionary

  • Wolf — 1. Alten Wolf reiten Krähen. – Eiselein, 647. 2. Alten Wolf verspotten die Hunde. – Schlechta, 362. 3. Als der Wolf predigte, hatte er Gänse zu Zuhörern. 4. Als der Wolff in der Grube lag, wollt er ein heiliger Mönch werden. – Mathesy, 108a. 5.… …   Deutsches Sprichwörter-Lexikon

  • 1847 Grand National — The 1847 Grand National Steeplechase was the ninth official annual running of a Handicap Steeple chase Horse race which took place at Aintree Racecourse near Liverpool on March 3rd 1847 and attracted a then record field of twenty six runners. The …   Wikipedia

  • Schafskleid — 1. In einem Schaafs Kleyd steckt offt ein Wolff verborgen. – Lehmann, II, 279, 54; Petri, II, 403. Mhd.: Jedoch steckit in der schâfînen hiute das wullfine herze. (Antichrist.) (Zingerle, 176.) It.: Sotto pelle di pecora spesso è nascosto il lupo …   Deutsches Sprichwörter-Lexikon

  • Contempt of court — is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court s authority. Often referred to simply as contempt, such as a person held in contempt, it is …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”