WRIT. In general understanding a writ is a mandatory precept issued by the authority of and in the name of the executive branch of the State for the purpose of compelling the defend ant to do some particular thing mentioned in the instrument. Writs are generally classified as mandamus, habeas corpus, summons, error, quo warranto, certiorari or review. Writs are fur ther distinguished as original and judicial. Original issued without any order of the court in the particular case, judicial issued in pur suance of a decree or order or judgment of the court. A writ of mandamus is a command issuing from a court of law of competent juris diction, in the name of the State, directed to some inferior court, officer, corporation or per son, requiring them to do some particular thing therein specified, and which appertains to their office or duty. In order to secure a writ of mandamus it is necessary to show (1) that the petitioner has a legal right to have the thing done which it is sought to be done; (2) that it is the duty of the respondent to perform it; (3) that the writ is the only plain, speedy and adequate remedy. A writ has a purely per sonal effect. An injunction—either mandatory or prohibitory—is a writ framed according to the circumstances of the case commanding an act which the court regards as essential to justice or restraining an act which .it esteems
contrary to equity and good conscience. Quo warranto is an order to show by what authority a given act is done or office held. A writ of error is a commission to a superior court by which they are authorized to examine the rec ord in a case on which judgment has been given in an inferior court. Habeas corpus is an order issued by a magistrate to an officer in charge of the person of the defendant and designed to Five summary relief against illegal restraint of personal liberty. Summons is a demand made to a person to appear at a given time before a court or officer. Certiorari or review is an order to a superior court to review the evidence wesented before an inferior court. Consult Blackstone, 'Commentaries on the Laws of Frigland' ; Hallam, 'Constitutional History' (New York 1872); Hurd, 'On the Right of Personal Liberty' and 'On the Writ of Habeas Corpus' (2d ed., Albany 1876); Pollock and NtaitlAnd, 'History of the English Law' (2d cd , Boston 1899).