commanded him, that, &c. [recite the mandatory part of the alias fcire facias]; at which day, before our faid lord the king at Westminster came the faid plaintiffs and the said sheriff of Middlesex, to wit, the aforefaid A. B. and C. D. efquires, returned on the faid last-mentioned writ to our faid lord the king at Westminfter, that, &c. [recite the return of non eft inventus on the alias fcire facias]; thereupon the faid plaintiffs offered themselves against the faid defendants, who, on being folemnly demanded, came by A. B. their attorney, and thereupon the faid plaintiffs pray that execution for the damages, costs, and charges aforefaid in form aforefaid recovered may be adjudged to them the faid plaintiffs against the faid defendants, according to the form and effect of the aforefaid recognizance.

V. LAWES.

GENERAL DIVISIONS OR HEADS, AND LEADING

TITLES IN THE CIVIL DIVISION.

SCIRE FACIAS.

SCIRE FACIAS.

ANALYSIS.

I. Against BAIL, PLEDGES in REPLEVIN, (See
REPLEVIN, Proceedings in).

II. TO REVIVE, &c. on JUDGMENTS, and
against HEIRS and TERRE-TENANTS.

III. Against EXECUTORS, &c. to REVIVE, and on JUDGMENTS.

IV., TO REPEAL LETTERS PATENT.

V. On PARTICULAR STATUTES.

VI. SCIRE FACIAS in ERROR.

1. SCIRE FACIAS against BAIL, PLEDGES in REPLEVIN, &c. (See REPLEVIN, and on RECOGNIZANCES.)

VOL.

IX.

Page

493. Declaration on feire facias in B. R. against bail on their

recognizance after Jcire facias returned to the alas
fcire facias.

495. Entry on the roll of feire facias against two bail, two

nihils and award of execution.

505. Declaration on an alias feire facias against bail in B. R. 506. Declaration on an alius feire facias in palace court, where one of the defendants appear, and the other makes default against bail. Plea, an alias feire facias of death of principal after judgment, and before iffuing of capias ad fatisfaciendum. Replica

507.

tion,

VOL.
IX.
Page

tion, that capias ad fatisfaciendum iffued, and that
principal was then living.

512, 513. Plea to feire facias against bail. Replication.
516. Declaration on feire facias against bail on their re-
cognizance.

520.

518. Declaration on feire facias against bail. Plea, that defendant in original action died before any capias ad fatisfaciendum returned. Replication, capias ad fatisfaciendum fued, and that principal was living at the return of the fame. Rejoinder, that principal died before the return of capias ad fatisfaciendum, and iffue.

521.

526. Replication to plea of death of principal before the jury went out, to capias ad fatisfaciendum pleaded to a declaration on feire facias against bail.

527. Replication, to plea that no capias ad fatisfaciendum iffued.

582. Scire facias on recognizance,

Scire facias against bail to a new original to be fued out in a caule removed from the palace court by an babeas corpus. Plea, that the defendant in the original action died before any capias ad fatisfaciendum returned against him. Replication, fhews a capias ad fatisfaciendum against the original, defendant returned in his life time. Demurrer and joinder,

PRECEDENTS in Books of PRACTICE, REPORTERS, &c,

1. Will. Rep. 61. b. 63. 64. 65.

Scire facias against bail by bill in debt, Lill. Ent. 387, 395. 1. R. Pr. B. R. 400. Scire facias in cafe in trefpafs,

Ibid. 402.

Entry on the roll of two feire faciases against bail, and judg

ment by default,

Declaration on a fcire facias,

Scire facias against bail on recognizance in cafe, Carth. 403. Lill. Ent. 395.; return of nihil; fix of the bail make default. Plea, by one of the bail, no capias ad fatisfaciendum; by another, levy by fieri facias. Replication, capias ad fatisfaciendum fued out, returned non eft inventus; to the other, bail did not fue out any fieri facias; and issue; continuance; award of venires; as to the second iffue diftringas juratores awarded,

Plea to fcire facias against bail, that the original judgment was recovered in Staffordshire upon an original writ into Middlefex, therefore the bail not liable on account of the variance in the county,

Entry of fcire facias against bail after judgment against the
principal in debt,

Scire facias against bail on a habeas corpus upon a recognizance
taken before a commiflioner, defendant in perfon,
Scire facias on a recognizance of bail in debt,

Entry of a recognizance on a habeas corpus cum caufa in C. B. Scire facias upon a recognizance of bail upon a habeas corpus cum caufa in C. B.

Ibid. 409.

Scive facias by adminiftrator' against bail after judgment af

Ibid. 413.

armed in error,

Scire facias against bail,

Scire facias against one of the bail in debt on bond,
Entry of recognizance of bail upon the roll,

Form of a declaration in feire facias against bail,
Scire facias, quare executionem non against eight bail above in
B. R. in affumpfit; nihil returned alias and nibil; sixth
makes default; feventh, pleads no capias ad fatisfaciendum
fued out; eighth, fieri facias executed. Replication, to
one capias ad fatisfaciendum was fued out, and returned
non eft inventus; to fieri facias, none was fued out, and
venire awarded,

Plea

Plea to fire facias, quare executionem non against bail, that he
is not the fame perfon mentioned in the recognizance,
Judgment against one of the bail, and the principal in feire
facias against them in C. B. quare executionem non.
by a third, wul tiel record of the judgment. Replication,
that there is fuch record, and final judgment for plaintiff,
Scire facias against bail in the court of Carlisle; according to
the cultom of the court,

PRECEDENTS in Books of PRACTICE,

Scire facias against the bail, on a recognizance on a claufum fregit in C. B. with ac etiam for one hundred pounds on promiles; recovery of judgment by the plaintiff in the action, and removal of the record into B. R. and that the fame there remained, award of feire facias; return and alias, default of the principal and appearance of the bail; fheriff's return of nibil as to the principal; judgment against the principal, and prayer of execution against the bail; pray oyer of the feire facias which are fet out; they likewife pray oyer of the recognizance which is fet out, together with the claufum fregit and ac etiam; they likewife pray oyer of the original wit, and of the judgment against the principal, which are likewife fet out. Plea, that no judgment was obtained against the principal before the iffuing of the feire facias. Replication, that judgment was given. Special demurrer, with cautes and joinder,

Scire facias against bail in error on a judgment recovered there to the exchequer chamber, where the judgment was affirmed.

REPORTERS, &c. 2. R. P. C. B. 415. Lill. Ent. 387. 2. Crom. Pr. 77. Ibid. 95.

Lill. Ent. 395.

Ibid398.

Ibid. 403. to 405•

2. Ld. Raym 1224.

Lill. Ent. 406. to 411.

Ibid. 460.

Scire facias in replevin against heriff for infufficient pledges by him taken for return of cattle after Jcire facias against pledges, and no return. Special demurrer, with caufe, Off. Br. 243. Mo. Intr. 131, 147, 158.

Scire facias in banco after recovery in debt, Clif. 681.

Scire facias on recognizance in court, Off. Br. 279.

Entry of feire facias on recognizance in court, where the recognizer confeffeth judgment and execution thereupon, Mo. Int. 369. On recognizance before chief juftice out of court, Off. Br. 284. Before a judge, 331. Upon a judgment by writ of privilege, Bro. Met. 340.

Against bail on recovery, and judgment in B. R. Hanf. 237. 1. Inft. Cl. 152. 318. Off. Br. 315. Againit principal, debtor, and bail, for that the debtor did not fatisfy the judgment, nor tender his body in execution, Mo, Int. 370. On recognizance againit bail only, ibid. 371. 1. Inft. Cl. 155.

I

Scire