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Simple English definitions for legal terms
writ of assistance
Read a random definition: motion for relief from stay
A quick definition of writ of assistance:
A writ of assistance is a legal order that allows someone to enter and search a place suspected of having illegal things. This writ was used in colonial America by the British government to search for contraband. However, its use was opposed by the colonists and was one of the reasons that led to the American Revolution. It was also used in the past to collect debts owed to the Crown.
A more thorough explanation:
A writ of assistance is a legal order issued by a court that allows an officer to enter and search any premises suspected of containing contraband. This writ was historically used in colonial America and was one of the acts that led to the American Revolution.
There are three types of writs of assistance:
- A writ to enforce a court's decree transferring real property, the title of which has been previously adjudicated.
- A writ issued by the Court of Exchequer ordering the sheriff to assist in collecting a debt owed the Crown.
- A writ issued by a superior colonial court authorizing an officer of the Crown to enter and search any premises suspected of containing contraband.
For example, in colonial America, British officials used writs of assistance to search homes and businesses for smuggled goods. This violated the colonists' rights and was one of the reasons they rebelled against British rule.