« ForrigeFortsett »
commanded him, that, &c. [recite the mandatory part of the alias fcire facias] ; at which day, before our said lord the king at Westminster came the said plaintiffs and the said sheriff of Middlesex, to wit, the aforesaid A. B. and C.D. esquires, returned on the said last-mentioned writ to our faid lord the king at Westminfter, that, &c. [recite the return of non eft inventus on the alias Scire facias]; thereupon the said plaintiffs offered themselves against the laid defendants, who, on being solemnly demanded, came by A. B. their attorney, and thereupon the said plaintiffs pray that execution for the damages, costs, and charges aforesaid in form aforesaid recovered may be adjudged to them the said plaintiffs against the faid defendants, according to the form and effect of the aforesaid recognizance.
GENERAL DIVISIONS OR HEADS, AND LEADING
TITLES IN THE CIVIL DIVISION.
SCIRE FACI A S.
I. Against BAIL, PLEDGES in REPLEVIN, (See
REPLEVIN, Proceedings in).
against HEIRS and TERRE-TENANTS.
VI. SCIRE FACIAS in ERROR.
I. SCIRE FACIAS against BAIL, PLEDGES in REPLE.
VIN, &c. (See REPLEVIN, and on RECOGNIZANCES.) VOL.
recognizance after scire facias returned to the al as
feire facias. 495. Entry on the roll of fcire facias against two bail, two
nibils and award of execution. 505. Declaration on an alias feire facias against bail in B. R. 506. Declaration on an alius fcire facias in palace court,
where one of the defendanis appear, and the other 507 makes default against bail. Plea, ao alias fcire fa
cias of death of principal after judgment, and be-
PRECEDENTS in IX,
Books of PRACTICE, Page
REPORTERS, &c. tion, that capias ad fatisfaciendum iflued, and that
principal was then living. 512, 513. Plea to fcire facias against bail. Replication. 516. Declaration on scire facias against bail on their re
cognizance. 518. Declaration on fcire facias against bail. Plea, that de.
fendant in original action died before any capias ad 520.
sat:sfaciendum returned. Replication, capias ad fatis
faciendum sued, and that principal was living at the 521.
seturn of the fame. Rejoinder, that principal died
went out, to capias ad fatisfaciendum pleaded to a
declaration on fcire facias against bail. 527. Replication, to plea that no capias ad fatisfaciendum
illued. 582. Scire facias on recognizance. Scire facias against bail to a new original to be sued 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 bim. Replication, thews a capias ad fatisfaciendum against the original, defendant returned in his life time. Demurrer and joinder,
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 case in trespass, Entry on the roll of two scire faciases against bail, and judg
ment by default, Declaratiou on a scire facias, Scire facias againit bail on recognizance in case, Carth.
403. Lill. Ent. 395.; return of nihil; fix of the bail make default. Plea, by one of the bail, no copias ad satisfaciendum ; by another, levy by fieri
facias. Replication, capias ad satisfaciendum sued 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 issue diftringas juratores awarded,
Ibid. 414. to 423. Piea to fcire facias against bail, that the original judgment
was recovered in Staffordshire upon an original writ into Middlesex, therefore the bail not liable on account of the
variance in the county, Entry of scire facias against bail after judgment against the prircipal in debt,
1. R. P. C. B. 344. Scire facias against bail on a habeas corpus upon a recognizance
taken before a commiflioner, defendant in person, Scire facias on a recognizance of bail in debt,
2. R. P. C. B. 404 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. Scire jacias by adminisraicr'against bail after judgment aftai mied in error,
Lill. Ent. 392.
PRECEDENTS in Books of PRACTICE,
REPORTERS, &c. Scire facias against bail,
2. R. P. C. B. 415. Scire facias against one of the bail in debt on bond,
Lill. Ent. 387 Entry of recognizance of bail upon the roll,
2. Crom. Pr. 77. Forin of a declaration in fcire facias against bail, Scire facias, quare executionem non against eight bail above in
B. R. in affumpfit; nihil returned alias and nibil; fixth makes default; feventh, pleads no capias ad jali faciendum sued out; eighth, fieri facias executed. Replication, to one capias ad jatisfaciendum was sued out, and returned non eft inventus; to fieri facias, none was sued out, and venire awarded,
Lill. Ent. 395. Plea to fire facias, quare executionerı non against bail, that he is not the Lime perion mentioned in the ricognizance,
lbid398. Judgment against one of the bail, and the principal in seire
facias against them in C. B. quare executionem non. Plea by a third, xul tiel record of the judgment. Replication, that there is such record, and final judgment for plaintiff,
Ibid. 403. to 405. Scire facias against bail in the court of Carlisle; according to the cuitom of the court,
2. Ld. Raym 1224. Scire facias againlt the bail, on a recognizance on a claufum
fregit in C. B. with ac eriam 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 same there remained, award of fcire facias ; return and alias, default of the principal and appearance of the bail; theriff'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 set out; they likewise pray oyer of the recognizance which is set out, iogether with the clausum fregit and ac etiam; they likewise pray oyer of the original wit, and of the jud ment against the principal, which are likewife set out. Plea, that no judgment was obtained against the principal before the issuing of the faire facia. Replication, that judgment was given. Special demurrer, with cautes and joinder,
Lill. Ent. 406. to 411, Scire facias against bail in error on a judgment recovered there
to the exchequer chamber, where the judgment was affirmed,
Scire facias in replevin against heriff for insufficient pledges by him taken for re
turn of cattle after Joire facias against pledges, and no return. Special de
murrer, wish cause, Otj: Br. 243. Mo. Inir. 131, 147, 158. Scire facias in banco after recovery in debt, Clif. 681. Scire facias on recognizance in court, 01). Br. 279. Entry of fcire facias on recognizance in court, where the recognizer conferreth
judgment and execution thereupon, Mo. Int. 369. On recognizance before chiet justice out of court, Of. Br. 284. Before a judge, 331. Upon a judg
ment by writ of privilege, bro, Met. 340. Against bail on recovery, and judgment in B. R. Hans. 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 againt bail only, lbid. 371. 1. Int. Ch. 155.