latitat

latitat (lat-[schwa]-tat), n. [Law Latin “he lurks”] Hist. A writ issued in a personal action after the sheriff returned a bill of Middlesex with the notation that the defendant could not be found. • The writ was called latitat because of its fictitious recital that the defendant lurks about in the county. It was abolished by the Process in Courts of Law at Westminster Act of 1832 (St. 2, Will. 4, ch. 39). See BILL OF MIDDLESEX; TESTATUM.

“Latitat is a writ by which all men in personal actions are originally called in the king’s bench to answer. And it is called latitat, because it is supposed by the writ that the defendant cannot be found in the county of Middlesex, as it appears by the return of the sheriff of that county, but that he lurks in another county: and therefore to the sheriff of that county is this writ directed to apprehend him.” Termes de la Ley 277 (1st Am. ed. 1812).


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