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Scire facias on recognizance forfeited on a writ of privilege against bail, becau'e

they had not the defendant in court to satisfy plaintiff after recovery had by cognovit aélionem, Oj. Br. 311. Pl. Gen. 192. On a recognizance upon privilege

against defendant and his bail, and an elegri awarded, Bro. Met. 351. Soie facias after the year and day against bal in debt, and for damages; Cl. Min.

41.08. Br. 277. Plea, that no capias al fatisfaciendum iftued againit the detendant, according to the cutiom of the court, 1. 1nj1. Cl. 243. Reprication fets

out capias ad fatisfaciendum. Plea by bail, nutriel r.cord. Replication, quod habetur, 1. Int. Cl. 250. Entry of a judgment by default against a cognizor ou a n hil returned, 1. Br. 261. Scire furias on recognizance taken in B. R. Han. 237. Pefore a judge of C. B. br.

Mlét. 340. 344. Count on a recognizance taken before chief justice of C. B.

Plea, nultiel record. Replication, that there is, Ero. R. 433. Entry of a judgment on fciri fuins, when cognizor on feire jecias returned appear.

ed, and conteiled, 011. Dr. 262. Scire facias against defendant, and one bail on capius in debt, Ibid. 263. By ex

ecutor, 269. Against one bail only in a writ of error in B. R. 263. Scire facias against two bail, and defendant on original in debr, 0jt. br. 270. 1. Bre.

319. On special bail in debt, Ibid. 325. After judgment obtained, Op. Br. 277. Scire facias against bail in cafe after judgment, Lrs. Niet. 342. Scire facias againit bail of a judgment in county of city of Yo:k. Plca, that ori.

ginal is in the county of York at large, and no original in he county of the city. Replication, by capias, an original in B. directed to the therift of York, and laid and declared on in the county of the city. Rejoinder, no judgment against the principal laid in the county of York confesses that there was a recovery in the county of the city, and traverses that in such case bail is liable. Demurrer and

judgment for defendant, Liv. Ent. 170. Against bail where plaintiffs brought original in debt, and defendant appears, and

judgment by nil dicit, and death of one of the plaintiffs, Bro. i'nd. 578. Return of five farias against bail, and whil batent nec fane invinti, off. Br. 278. Scire facias of part of debt recovered and damages Of Br. 319. -Prearance and

after imparlance, pleaded rul tiil record. Keplication, tiel ic.ora, and dies daras

to inspect the record. Judgment for plairtiff, C# Br. 278. Againft defendant and two bail

, on a plaint in the borough court of Southwark, remuved by writ of our lord the king by mandate; retura nibil to alias juive facias; defendants appear and plead nulliel recordo Replication, liel recced on the day of suing out first writ oi feire fi cias, which was reinored by writ of crror in B. R.

and day given to bring in the record, Cf. tr. 28.. Scire facias by executor against bail on judgment of debt and damages, Cf. Br.

297 Sciri f cias on a return before justices acknowledged in the county where cognizor

sefíded. Of. Br. 299. Against bail on audita querela, and judgment by default, Off. Br. 300. Plea, by one that he paid the cebt and damages. Replication, did not pay, and

issue; plea allowed by the court, ib.d. Scire facias against defendant, and ba:l appear a d imparl, and judgment by nil dicit,

Cf. Br. 300: Scire facias againft bail of prayees in aid to satisfy plaintiff (in fcire facias to execute

a fine) of the issues in the mean time, Off. Br. 303. Scire fecias and enquiry against the late sheriff for not taking fufficient pledges in

replevin, according to the ft tute, after return had, and return of beasts eloigned,

Of. Er. 305 Return to fcire facias against defendant and two bail, scire facias two bail, and de. fendant non eft inconius, Of. Br. 310.

Scire facias against defendant and one bail, where defendant is outlawed, which was

reversed, and afterwards judgment for plaintiff, Off. Br. 322. Scire fcias by husband and rife on recognizance in C. B. where defendant aspears

and imparls, Of. Br. 327. 325. On recognizance in chancery, and from thence

to B. k. by muit'm45, Off. Br. 329. Scire facias (re:orn babendo) againit defendant and bail, for chattels or the price of

them, Off. Br. 333, 3+5. On recognizince taken, Ibid. 332. Scire facias on recognizance; plea in abatement, that there were more than fourteen

days between the teste and the return, 1. Lut. 24. Demurrer. On a recognizance of bail by H. defendant, at the suit of plaintiff. Plea, that one

cupias at fatisfaciendom ififued in London against H. and non est inventus tefiatum to S. by which defendant was taken in execution and continued until plaintiff requetted tie sheriff to 'let him go at large, por 10:1, &c. Replication, no writ, &c. Rejoinder, writ issued, &c. and concludes to the country. Demurrer and judge

ment for plaintiff, 2. 1.11. 1269. Scire facias against hail. Piea, that principal was taken in execution on a ca. ad ja.

where no such writ in execution, but another writ bad issued, on which non eft ix

ventus was returned, 2. Lin. 1272. Scire facias against bail, defendants crave oyer of the writ of sei. fa. and the recog

nizance is in these words, by which it appears that defenants were bail for O. at the suit of plaintiff, who never administered, but judgment is for him as administrator, and for this variance, and also for that it is not thewn that a ca, ad fa,

issued againfo, Demurrer, but judgment for plaintiff, z. Lut. 1279. Scire facias against exccutors of one bail, and two others on recognizance taken before

commissioners in county of Y. Judgment against two on two nihils returned ; executrix pleads in abatement that the sci. fa. cught to be brought in county of E. refpondras ouffer awarded, and plea that no writ of co. ad ja, iffued against principal before the first writ of sci fa. Replication, that he had sued out ca. ad fa. returnable on the morrow of the Holy Trinity, and non eft in ventus. Rejcinder, that ca. ad sa. was in fact delivered to sheriff after ihe morrow, &c. and lince the return of the first fi. fa. and plaintiff per fraudem, &c. procured sheriff to make the return, and traverses delivery of writ before the day of the return adjudged on. Demurrer, ift, that the action may be brought in Middlesex or York; 2d, that

the traverse immaterial, 2. Lut. 1282. Scire facias against bail for refidue of debt. Plea, payment by principal. Repli.

cacion, non, Thef. Br. 258. Against bail brought by feme pole, who after original judgment took husband. Plea

nul tiel record. Replication, tiel, &c, Thel. Br. 265. Plea to sei. fa. that an elegit was sued out on the fame judgment, goods taken, and

lands extended. Replication, nul tiel record. Rejoinder, habitur and judgineist

for plaintiff, Ibid. 266. Scire facias againAt pleages in replivin before the sheriff's of London, where the plaint

was removed in C. B. by certiorari; the bail prays oy'r of the certiorari and return of the plaint levied before the Periff, and of the count in the huitings. Demurrez

and judgment for plaintiff, Thef. Br. 274. Scire facias against buil in c.fe. Plea, another fci. fa. pending. Replication, nul

tiel record, Ibia. 280. Scire fa:ias on recognizance in C. B. Pa. 546. Pet. Int. 9. Vet. N. B«. 163. Rez.

Jud. 6. 2. Br. 12. 8. 133. Br. 269. 279. in debt, payable on several days, Ra. 546. By executor, It id. 546. Reg. Jud. 25. 58. Ajh. 431. Br. 237. By survivor, 2. Br. 118. On recognizance before a judge out of court, Br. 261.261. 279. Ca. Ent. 634. Moile, 148. 635. On recognizance in an inferior court sent into chancery by ceriorari, and from thence into the Lench, Ra, 547. Ver. Int. 114. Br. 130. In chancery, Br. 130. 3

Against

Against heir of lands on recognizance made by the father, Reg. Jud. 70. Thef 109.
Br. 262. Against terre-tenants on recognizance, Co. Ent. 546. Ra. 546. On
moriuus returned, Reg. jud. 57. 30. E. 3. 23. By survivor againit terre-tenant on

recognizance. Br. 266.
On recognizance, with condition to perform covenants. Plea, performance gene-

rally. Replication, that the lands were not of a certain annual value, Co. Ext.

634.
Scire facias against pledges in hundred court in replevin, where sheriff on pluries re-

turned cattle eloigned, Ro. 569.
Plea, nultiel recora of recognizance, T".. Ent. 285.
Entry of sei. fa. against bail, who plead that defendant died before sci. fa. or ca, ad

fa. Replication, ca. ad sa. sued out, returned, and filed before the issuing of the

firft fii. fa.
Soire facias against pledges of cattle taken in withernam before a certain day to he

delivered, imparlance. 1102 2. 113, 144. Br. 257. Against plaintiff and bail in
exiia çuerria, where defendant ohiained judgment thereon against plaintiff, Meile,
139. where plaintiff did not prosecute with erect. Piea, ihat plaintiff fued out
ve. fa, which he delivered to the sheriff, who did nothiig tliereon, nor fent the
writ, pro 920d plaintif sued out another writ, which he delivered to the sheriff,
and before the return of the second writ, defendant brought the sci. fa. Repli.
cation, that plainti: did not deliver the first ve. fa. to the sheriff. Judgment for

defendant, ce. Ene 616. 2. B . 134. Thel, v10. Br. 265. Hır. 50
Plea of rui viel record by two bail separately, and day given to produce the record,

Hur. 2;8.
Plea by bail, that defendant surrendered himself, and plaintiff refuse to take him in

execution. Replication, that he did not surrender, Moile, 42. That defendant
died refore non cfi invenius returned on the ca, ad/a. Ibid 169.
To je'. fa. against A. and B. bail, A. makes default at the return of the alias foi. fa.

and judgment against him.. Plea by B. that defendant, after the judgment, paid

the debt and damages to plaintiff. Replication, that he did not pay, Marle, ini.
Sciro facias against defendant and two bail on copias, in debt in C. B. on judgment

obtained by plaintiff, 2. Br. 127. By executor, where plaintiff afterwards
died, 2. Br. 128. Where plaintiff after judgment remited part of the debt and
damages, Moile, 42. Against two bail to capias in debt, Br 272. Against
executor of one bail on c 'pius in debt, Moile, 104. Against two bail on capias in
covenant, at the fuit of two plaintiffs, one of whom died after judgment, Her. 277.
Against defendant and two bail on plaint in Londen, removed by writ of privilege,
Theriit return of sci. fa. to two, who appear and imparl; another hath nothing;
another sei. fu. awarded against him; non inform, by iwo, and nolle proíqai to the
other, 2. Br 129. Againlt defer dant and two bail on writ of privilege, in case
whereon judgment cert fied into B. R. by writ of error, 2. Br. 140. Against two
bail on a writ of privilege in debt, 3. Br. 361. Against defendant and one bail
on plaint in debt removed out of the sheriff's court in London, whereon judgment
for plaintif, Her. 593. Moile, 165. Against defendant and two bail on writ of
privilege in London, and judgment in debt, Br. 249. 269. Where defendant
did not appear to original purchased, Ibid. 250. Against defendant and two bail on
writ of prvilege at the several suits of A. and B. in debt, whereon judgment ob-

tained by nii aici: ly A. lbid. 271.
Scire facias aga nit plaintiff in repievin, and two pledges to prosecute for a return,

where plaintiff afterwards did not profecute him ; second, deliverance and arowry
for rent charge, imparlance, Moili, 95. Plea thereto, tender of the value of the
cattle. Reprication, did not tender relicta verificatione cognovit, &c. Co. Ent.
637

SCIRE

11. SCIRE FACIAS to REVIVE, &c. on JUDGMENT

against HEIRS and TERRE-TENANTS.

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Vol.

PRECEDENTS in
IX.

Books of PRACTICE,
Page

REPORTERS, &C.
499. Scire facias to revive judgment in ejectment against

surviving defendant and terre-tenant.
525. Plea by one of defendants, that defendant's testator was

not seised of any of the premises by the return to the
sci. fa. alledged at the time of the rendition of the
judgment, and by which defendant is returned to be
tenant; and similar plea by both defendants of pay-
ment of the debt and damages to the plaintiff's tela

tator.
Scire facias by an administrator de bonis non against heir at law and

terre-tenants. Double plea of terre-tenant, that the money
on the judgment was paid, and that the defendant in the
original judgment was not seised in fee of the mesluage, &c.
in the writ of fii. fa. Replication, to the first part that the
money was not paid, issue thereon. To the second part,
that the defendant in the judgment was seised in fee, and
did by lease and release convey to make a tenant to the
præcipe in order to suffer a common recovery, the uses
Thereof declared; recovery, writof entry, parties appear, writ
returned, tenant vouches over; count againff first vouches;
first vouchee vouches over ; count againit common vouchee;
common vouchee pleads imparlance ; common vouchee
makes default. Judgment against she tenant; against first
vouchee; against common vouchee; writ of feilin. De-
murrrer to the replication to the plea to the sci. fa. and
joinder,

2. R.P..C.B.379. to 389.
Plea by terre-tenants, that defendant in the aflioa was not
seised,

Lill. Ent. 391.
Judgment for the plintiff on plea of disclaimer by a terre

tenant in a fi. fr. by the executrix of the executiix of the
recoveror on a judgment againit che heir of the obligor,
in debt on bond to be levied on the reversion of certain
freehold premises of inheritance, subject to prefent leafes
for life and years when such reverkon lhould fall into pos.

feflion,
Scire fasias by the acting executer (the other having renounce

ed) of the executor of the recoveror against the heirs and
terre-tenants of the recoveror of judgmen: in debt on bond
quare

e executionem non. Sheriff's return no heir nor terre-te-
nant; suggestion of lands in several counties of Oxford, South-
ampton, and Middlesex, and the several heriffs returns of
fcire feri; profert of letters teitamentary, and execution
prayed, and plea of outlawry in the plaintiff's teitator in

another fuit yet unreveried,
Scire facias by the recoveror against the terre-tenants of the
recoveree in debt on judgment directed to the sheriff of the

city

Ibid. 383.

Ibid. 384

Ibid. 391.

PRECEDENTS iz
Books of PRACTICE,

REPORTERS, &c.
city of coventry, and their return that there were no terre-
tenan.s. Teftatum fci. fa. to the sheriff of Stafford, and
his return of fi. feci to one terre-tenant, and judgment by
default against her,

Lill. Ent. 388.
Plea, that defendant was not feised of the lands, &c. men.

tioned in the return to the fci. fa.
Scire facias at the suit of an administrator of the recoveror, in

an action of debt against the terre-tenants of the recoveree
now deceased, stating the soi. fa, the fuggeition of the
death of the plaintiff in the judgment. Sheriff's return that
he had given notice to several ter re-tenants, and a profert
in curia of the letters of administration. Plea by the terren
tenants, that the recoveree in the judgment had nothing
in the lands at the time of the judgment. Replication,
that he was feised in fee and islue. Jurata, postra, and
special verdict, finding that before the judgment the reco-
veree was feised of the lands, &c. mentioned in the return,
which afterwards and before the judgment he conveyed by
deed to trustees to uses, and whether he was or was not
feised at the time of the judgment, the jury find as the court
shall be of opinion,

Ibid. 398. to 403.
Scire facias to hear the record on a writ of error out of C. B.

on a judgment against the heirs and ierre-renanto on a sci.
fa. where one of them a feme terre-tenant intermarried after
judgment,
Entry of a sci. fa. against heir and terre-tenant for an ex-

ecutor tefiatum fci. fa. into Oxford. Defendant appears
and pleads that H. B. in the writ mentioned was not teised
in fee. Replication and ifiue, venire d ftringas,

Ibid. 649.
Plea by terre-tenant, that he is not ienant of the premises,

that'J. B. being seised in tee of the loft, demised to R. S.
for five hundred years, upon which loft R. S. built the mel-
suage, and demiled to J. C. defendant at will,

Ibid. 6,6.
Scire facias against terre-tenants after judgment recovered in

the time of the late king,
Teftatum jci. fa. against terre-tenants brought by an executor.
Suggestion of the death of the testator,

1bid. 662.
Scire fieri inquirendum after a fi. fa. against an administrator in
debt, after judgment affirmed in error,

Ibid. 664.
Suggestion of the death of the inteftate and grant of admini.

Itration; profert and non-tenure pleaded by terre-tenants
in sci. fa, on judgment by administrator,

2. Ld. Ray, 125+
Scire fieri inquirendum, after a fi. fa. against an administrator
reciting fl. fa. the judgment for fa. return of f. faca.ad

Suggestion of devaslavit fi. fa. of the goods of the
inceltate ; fi non de tonis propriis ; return, that defendant is
not found, and a devofavit; ca. ad fa, and sci, fa, award-
ed; appearance. Plea, plene administravit, and traverses
devaftavit, issue on the traverse and venire,

Lill. Ent. 666. 668.
Scire facias by tenant in dower, to have execution of a rever-
fion after a term in the third part of a fixth part of lands,

&

Ibil. 644.

1b 2. 659

fa.

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