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英文法律词典 W-26

分类: 法律英语 

WISTA. Among the Saxons, this was a measure of land; it contained a half hide, or sixty acres.

TO WIT. To know, that is to say, namely. See Scilicet.

WITH STRONG HAND, pleading. This is a technical phrase indispensable in describing a forcible entry in an indictment. No other word or circumlocution will answer the same purpose. 8 T. R. 357.

WITHDRAWING A JUROR, practice. An agreement made between the parties in a suit to require one of the twelve juror's impanneled to try a cause to leave the jury box; the act of leaving the box by such a juror is also called the withdrawing a juror.

2. This arrangement usually takes place at the recommendation of the judge, when it is obviously improper the case should proceed any further.

3. The effect of withdrawing a juror puts an end to that particular trial, and each party must pay his own costs. 3 T. R. 657; 2 Dowl. R. 721; S. C. 1 Crom. M. & R. 64.

4. But the plaintiff may bring a new suit for the same cause of an action. R. & M. 402; S. C. 21 E. C. L. R. 472; 3 Barn. & Adolph. 349; S. C. 23 E. C. L. R. 91. See 3 Chit. Pr. 916.

WITHERNAM, practice. The name of a writ which issues on the return of elon-gata to an alias or pluries writ of replevin, by which the sheriff is commanded to take the defendant's own goods which may be found in his bailiwick, and keep them safely, not to deliver them to the plaintiff until such time as the defendant chooses to submit himself, and allow the distress, and the whole of it, to be reprevied, and he is thereby further commanded that he do return to the court in what manner he shall have executed the writ. Hamm. N. P. 453; 2 Inst. 140; F. N. B. 68, 69; 19 Vin. Ab. 7; 7 Com. Dig. 674; Grotius, 3, 2, 4, n. 1.

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