General search warrant used by the British in the American colonies. The warrants authorized customhouse officers, with the assistance of a sheriff, to search any house or ship for smuggled goods, without requiring them to specify the place or the goods. The legality of the writs was challenged by the colonists in the 1760s, and they became a major grievance in the years leading up to the American Revolution. Seealso James Otis.
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In common law, an order issued in the name of a sovereign or court commanding a person to perform or refrain from performing a specified act. It was a vital official instrument in Old English law. A plaintiff would commence a suit by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court. Writs were also constantly in use for financial and political purposes of government. Though the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs, especially of habeas corpus, mandamus (commanding the performance of a ministerial act), prohibition (commanding an inferior court to stay within its jurisdiction), and certiorari, reflect its historical importance as an instrument of judicial authority.
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