Legal Definitions - latitat

The term latitat refers to a historical legal document, specifically a type of writ, that was used in English law before its abolition in 1832. It was employed in civil lawsuits involving individuals (known as "personal actions"), rather than disputes over property.

A latitat was issued when an initial attempt to locate a defendant in Middlesex (a county in England) failed. If the sheriff of Middlesex reported that the defendant could not be found, the court could then issue a latitat. This writ was based on a legal fiction: it falsely stated that the defendant was "lurking" or hiding in a different county. This allowed the court to direct the sheriff of that *other* county to find and apprehend the defendant, bringing them before the court to answer the lawsuit. It was a procedural mechanism designed to ensure that defendants in personal actions could be compelled to appear in court, even if they were difficult to locate within the primary jurisdiction.

• Example 1: A Merchant's Unpaid Debt

  In 18th-century London, a silk merchant, Mr. Thompson, sued a customer, Mr. Davies, for a substantial unpaid debt for goods delivered. Mr. Thompson initiated a personal action in the King's Bench. An initial court order, known as a "bill of Middlesex," was issued to Mr. Davies's last known address in Middlesex. However, the Sheriff of Middlesex returned the bill with a note stating that Mr. Davies could not be found.

  Believing Mr. Davies had absconded to a relative's estate in Essex to avoid his creditors, Mr. Thompson's lawyer would then obtain a latitat. This writ would contain the fictional assertion that Mr. Davies was "lurking" in Essex and would be directed to the Sheriff of Essex, instructing him to locate and bring Mr. Davies to court to answer the debt claim.

  This example illustrates the latitat being used in a personal action (debt recovery) when the defendant could not be found in the initial jurisdiction, relying on the legal fiction of "lurking" in another county to extend the court's reach.

• Example 2: Dispute Over Services Rendered

  Consider a scenario in the early 19th century where Mr. Edwards, a master carpenter, completed extensive renovations on a property for Lord Harrington, but Lord Harrington refused to pay the agreed-upon sum. Mr. Edwards filed a personal action for breach of contract. A "bill of Middlesex" was sent to Lord Harrington's London residence in Middlesex.

  The sheriff reported that Lord Harrington was not at his London home and seemed to have left the county. Suspecting that Lord Harrington had retreated to his country manor in Kent to evade the lawsuit, Mr. Edwards's legal team would apply for a latitat. This writ would falsely state that Lord Harrington was "lurking" in Kent and would be dispatched to the Sheriff of Kent, compelling him to find Lord Harrington and ensure his appearance in court to address the claim.

  This demonstrates the latitat as a procedural tool to overcome geographical limitations, allowing a court to pursue a defendant in a personal action into another county based on a legal fiction, thereby ensuring that justice could be pursued.