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The writ of estrepement ( ), or ''de estrepamento'' ( ), was a writ in common law countries that would be used to prevent estrepement, a type of voluntary waste. The waste that the writ would issue to prevent would be waste that occurred in response to a lawsuit seeking possession of the land, or a judgment against the waster where possession had not yet been delivered. == England == In his ''Commentaries'', Blackstone noted that this common law writ would lie originally to prevent waste that took place between judgment in a real action and delivery of possession by the sheriff. Following the Statute of Gloucester, a writ of estrepement ''pendente placito'' would lie to prevent estrepement pending the outcome of a case. Either writ empowered the sheriff to prevent such waste, allowing him to imprison the waster, and even to raise a ''posse comitatus'' to assist him. According to Finlason, the basic writ of estrepement was an original writ that had to be sued out of chancery, whereas the writ ''pendente placito'' was a writ issued from the bench. Where the tenant is alleged to have disobeyed the writ, a ''venire facias'' would issue and the tenant would be attached. The standard pleading in response was to deny any waste contrary to the writ,〔The specific phrase was ''Non fecit vastum contra prohibitionem''. . ''See also'' 3 William Blackstone, ''Commentaries'' *227.〕 and the issue would be tried by a jury, with the outcome resulting in a conviction for contempt of court. When John Puckering was Lord Keeper, one of his actions was to restrict the issuance of writs of estrepement, as well as other writs such as audita querela, unless he allowed it. Holdsworth suggests this might have been part of an effort to keep the courts of common law from entering into matters of equity. While analogous to the injunction in equity, one major difference is that the grounds for the issuance of the writ was not the inequitable conduct of the defendant, but that the use of the land in the manner prohibited would work to commit a wrong. Also, unlike injunctions and the writ of prohibition, the writ of estrepement merely stopped further damage, and could not command the repair or replacement of property already damaged. Two important similarities are that both are ''in personam'' orders, and that disobedience may result in imprisonment. The injunction ultimately supplanted the writ, and the writ was ultimately abolished in England by the Real Property Limitation Act 1833.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Estrepement」の詳細全文を読む スポンサード リンク
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