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Scire facias on recognizance forfeited on a writ of privilege against bail, because they had not the defendant in court to fatisfy plaintiff after recovery had by cognovit actionem, Off. Br. 311. Pl. Gen. 192. On a recognizance upon privilege against defendant and his bail, and an elegit awarded, Bro. Met. 351.

Scive facias after the year and day against bal in debt, and for damages, Cl. Man. 41. Off. Br. 277. Plea, that no capias al fatisfaciendum iffued againit the defendant, according to the cuttom of the court, 1. Inft. Cl. 243. Replication fets out capias ad fatisfaciendum.

Plea by bail, nl tiel record. Replication, quod habetur, 1. Inft. Cl. 250.
Entry of a judgment by default against a cognizor on an bil returned, f. Br. 261.
Scire facias on recognizance taken in B. R. Han. 237. Before a judge of C. B. br.
Met. 340. 344. Count on a recognizance taken before chief juftice of C. B.
Plea, nul tiel record. Replication, that there is, Ero. R. 433.

Entry of a judgment on fcire facias, when cognizor on feire jacias returned appear ed, and confeffed, Off. Br. 262.

Scire facias against defendant, and one bail on capias in debt, Ibid. 263. By executor, 269. Against one bail only in a writ of error in B. R. 263.

Scire facias again two bail, and defendant on original in debt, Of. br. 270. 1. Brg. 319. On fpecial bail in debt, Ibid. 325. After judgment obtained, Off. Br. 277. Seire facias against bail in cafe after judgment, Ere. Met. 342.

Scire facias against bail of a judgment in county of city of York. Plea, that original is in the county of York at large, and no original in the county of the city. Replication, by capias, an original in B. directed to the fherift 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 confeffes that there was a recovery in the county of the city, and traverses that in fech cafe bail is liable. Demurrer and judgment for defendant, Lev. Ext. 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. Fad. 578. Return of five facias against bail, and mihil kabent nec fant inventi, Off. Br. 278. Scire facias of part of debt recovered and damages Off. Br. 319. ppearance and after imparlance, pleaded ral til record. Keplication, tiel recore, and dies daras to infpect the record. Judgment for plaintiff. Cf. Br. 278.

Againft defendant and two bail, on a plaint in the borough court of Southwark, removed by writ of our lord the king by mandate; return nibil to alias jeire facias; defendants appear and plead nul tiel record. Replication, tiel record on the day of fuing out firft writ of feire f. cias, which was removed by writ of error in B. R. and day given to bring in the record, Off. Er. 28..

Seire facias by executor against bail on judgment of debt and damagés, Off. Br.

297.

Scire facias on a return before justices acknowledged in the county where cognizor refided. Off. Br. 290.

Against bail on audita querela, and judgment by default, Off. Br. 300.

Plea, by one that he paid the debt and damages. Replication, did not pay, and iffue; plea allowed by the court, ib.d

Scive facias against defendant, and ba:l appear and imparl, and judgment by wil dicit, Off. Br. 300.

Scire facias against bail of prayees in aid to fatisfy plaintiff (in fcire facias to execute a fine) of the issues in the mean time, Off. Br. 303.

Seire fecias and enquiry against the late theriff for not taking fufficient pledges in replevin, according to the ft.tute, after return had, and return of beasts eloigned, Off. Er. 305.

Return to feire facias against defendant and two bail, fcire facias two bail, and defendant non eft inventus, Off. Br. 316.

Seire facias against defendant and one bail, where defendant is outlawed, which was reverfed, and afterwards judgment for plaintiff, Off. Br. 322.

Scire fcias by bufband and wife on recognizance in C. B. where defendant appears and imparls, Of. Br. 323. 325. On recognizance in chancery, and from thence to B. K. by mistimus, Off Br. 329.

Scire facias (retorn habendo) against defendant and bail, for chattels or the price of them, Off. Br. 333, 345. On recognizance taken, Ibid. 332.

Scire facias on recognizance; plea in abatement, that there were more than fourteen days between the tefle and the return, 1. Lut. 24. Demurrer.

On a recognizance of bail by H. defendant, at the fuit of plaintiff. Plea, that one capias ad fatisfaciendum iffued in London against H. and non eft inventus tefiatum to S. by which defendant was taken in execution and continued until plaintiff requefted the fheriff to let him go at large, prod, &c. Replication, no writ, &c. Rejoinder, writ iffued, &c. and concludes to the country. Demurrer and judgment for plaintiff, 2. Lut. 1269.

Scire facias againft bail. Plea, that principal was taken in execution on a ca. ad fa. where no fuch writ in execution, but another writ had iffued, on which non eft inventus was returned, 2. Lu. 1272.

recog

Scire facias against bail, defendants crave oyer of the writ of fei. fa. and the nizance is in thefe words, by which it appears that defendants were bail for O. at the fuit of plaintiff, who never adminiftered, but judgment is for him as adminiftrator, and for this variance, and alfo for that it is not fhewn that a ca. ad sa. iffued against O. Demurrer, but judgment for plaintiff, z. Lut. 1279. Scire facias against executors of one bail, and two others on recognizance taken before commiffioners in county of Y. Judgment against two on two nihils returned; executrix pleads in abatement that the fei fa. cught to be brought in county of E. refpondeas oufter awarded, and plea that no writ of ca. ad fa. iffued against principal before the first writ of fei. fa. Replication, that he had fued out ca. ad fa. returnable on the morrow of the Holy Trinity, and non eft inventus. Rejoinder, that ca. ad fa. was in fact delivered to sheriff after the morrow, &c. and fince the return of the first fei. fa. and plaintiff per fraudem, &c. procured fheriff to make the return, and traverfes delivery of writ before the day of the return adjudged on. Demurrer, ift, that the action may be brought in Middlefex or York; 2d, that the traverse immaterial, 2. Lut. 1282.

Scire facias against bail for refidue of debt. Plea, payment by principal. Replication, non, Thef. Br. 258.

Against bail brought by feme fole, who after original judgment took husband. Plea nul tiel record. Replication, tiel, &c. Thef. Br 265.

Plea to fei. fa. that an elegit was fued out on the fame judgment, goods taken, and lands extended. Replication, nal tiel record. Rejoinder, habetur and judgment for plaintiff, Ibid. 266.

Seire facias against pleages in replevin before the fheriffs of London, where the plaint was removed in C. B. by certiorari; the bail prays oyer of the certiorari and return of the plaint levied before the fheriff, and of the count in the hutings. Demurrez and judgment for plaintiff, Thef. Br. 274.

Seire facias against bail in c.fe. Plea, another fci. fa. pending. Replication, nul tiel record, Ibid. 280.

Scire facias on recognizance in C. B. Pa. 546. Vet. Int. 9. Vet. N. Br. 163. Reg. Jud. 6. 2. Br. 12. 8. 133. Br. 269. 279. In debt, payable on feveral days, Ra. 546. By executor, Ibid. 546. Reg. Jud. 25. 58. Ash. 431. Br. 237. By furvivor, 2. Br. 118. On recognizance before a judge out of court, Br. 261. 264. 279. Co. Ent. 634. Moile, 148. 635. On recognizance in an inferior court fent into chancery by certiorari, and from thence into the Lench, Ra, 547. Vet. 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 mortuus returned, Reg. Jud. 57. 30. E. 3. 23. By furvivor against terre-tenant on recognizance. Br. 266.

On recognizance, with condition to perform covenants. Plea, performance generally. Replication, that the lands were not of a certain annual value, Co. Ent. 634.

Seire facias against pledges in hundred court in replevin, where fheriff on pluries returned cattle eloigned, Ra. 569.

Plea, nul tiel record of recognizance, Tho. Ent. 285.

Entry of fei. fa. against bail, who plead that defendant died before sei, fa, or ca. ad fa. Replication, ca. ad fa. fued out, returned, and filed before the issuing of the first fei. fa. Scire facias against pledges of cattle taken in withernam before a certain day to be delivered, imparlance. Moz e. 113, 144. Br. 257. Againft plaintiff and bail in audita querela, where defendant obtained judgment thereon against plaintiff, Moile, 139. where plaintiff did not profecute with erect. Pica, that plaintiff fued out ve. fa. which he delivered to the fheriff, who did nothing thereon, nor fent the writ, per quod plaintiff fued out another writ, which he delivered to the sheriff, and before the return of the fecond writ, defendant brought the fci. fa. Replication, that plainti did not deliver the first ve. fa. to the sheriff. Judgment for defendant, Co. Ent 616. 2. Br. 134. Thel. 110. Br. 265. Her. 50

Plea of rui tiel record by two bail feparately, and day given to produce the record, Her. 278.

Plea by bail, that defendant furrendered himfelf, and plaintiff refufe to take him in execution. Replication, that he did not furrender, Moile, 42. That defendant died before non eft inventus returned on the ca. adja. Ibid 169.

To je. fa. against A. and B. bail, A. makes default at the return of the alias fei. 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, Mole, 111. Scire fecias against defendant and two bail on copiat, 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 remitted part of the debt and damages, Moile, 42. Againft two bail to capias in debt, Br 272. Against executor of one bail on epics 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 London, removed by writ of privilege, fheriff return of fci. fa, to two, who appear and imparl; another hath nothing; another fei. fu, awarded against him; non inform. by two, and nolle profqui to the other, 2. Br 129. Against deferdant and two bail on writ of privilege, in cafe 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 theriff's court in London, whereon judgment for plaintiff, 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 purchafed, Ibid. 250. Againft defendant and two bail on writ of privilege at the feveral fuits of A. and B. in debt, whereon judgment obtained by ni dici by A. Ibid. 271.

Scire facias against plaintiff in replevin, and two pledges to profecute for a return, where plaintiff afterwards did not profecute him; fecond, deliverance and avowry for rent charge, imparlance, Moile, 95. Plea thereto, tender of the value of the cattle. Replication, did not tender relicta verificatione cognovit, &c. Co. Ent. 637.

on JUDGMENT

11. SCIRE FACIAS to REVIVE, &c.
against HEIRS and TERRE-TENANTS.

VOL.
IX.
Page

499. Scire facias to revive judgment in ejectment against furviving defendant and terre-tenant.

525. Plea by one of defendants, that defendant's teftator was not feifed of any of the premifes by the return to the fei. fa. alledged at the time of the rendition of the judgment, and by which defendant is returned to be tenant; and fimilar plea by both defendants of payment of the debt and damages to the plaintiff's tef

tator.

Scire facias by an adminiftrator 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 feifed in fee of the meffuage, &c. in the writ of fi. fa. Replication, to the first part that the money was not paid, iffue thereon. To the fecond part, that the defendant in the judgment was feifed in fee, and did by leafe and releafe convey to make a tenant to the præcipe in order to fuffer a common recovery, the ufes thereof declared; recovery, writ of entry, parties appear, writ returned, tenant vouches over; count againfi firft vouchee; firft vouchee vouches over; count againit common vouchee; common vouchee pleads imparlance; common vouchee makes default. Judgment against the tenant; against first vouchee; again common vouchee; writ of feilin. Demurrrer to the replication to the plea to the fci. fa. and joinder,

PRECEDENTS in BOOKS of PRACTICE, REPORTERS, &c.

2 R. P:.C.B. 379. to 389.

Plea by terre-tenants, that defendant in the action was not
feifed,
Judgment for the plaintiff on plea of difclaimer by a terre
tenant in a fei. fa. by the executrix of the executrix of the
recoveror on a judgment against the heir of the obligor,
in debt on bond to be levied on the reverfion of certain
freehold premifcs of inheritance, fubject to prefent leafes
for life and years when fuch reverfion thould fall into pol-
feffion,

Scire facias by the acting executer (the other having renounc

ed) of the executor of the recoveror against the heirs and
terre-tenants of the recoveror of judgmen: in debt on bond
quare executionem non. Sheriff's return no heir nor terre-te-
nant; fuggeftion of lands in feveral counties of Oxford, South-
ampton, and Middlefex, and the feveral theriffs returns of
feire feci; profert of letters teftamentary, and execution
prayed, and plea of outlawry in the plaintiff's teftator in
another fuit yet unreverfed,

Seire facias by the recoveror against the terre-tenants of the recoveree in debt on judgment directed to the fheriff of the

Lill. Ent. 391.

Ibid. 383.

Ibid. 334.

city

city of coventry, and their return that there were no terre-
tenans. Teftatum fei. fa. to the fheriff of Stafford, and
his return of fi. feci to one terre-tenant, and judgment by
default against her,

Plea, that defendant was not feifed of the lands, &c. men-
tioned in the return to the fci. fa.
Scire facias at the fuit of an adminiftrator of the recoveror, in
an action of debt against the terre-tenants of the recoveree
now deceased, stating the fi. fa. the fuggeftion of the
death of the plaintiff in the judgment. Sheriffs return that
he had given notice to feveral terre-tenants, and a profert
in curia of the letters of adminiftration. Plea by the terre-
tenants, that the recoveree in the judgment had nothing
in the lands at the time of the judgment. Replication,
that he was feifed in fee and iflue. Jurata, poftea, and
fpecial verdict, finding that before the judgment the reco-
veree was feifed of the lands, &c. mentioned in the return,
which afterwards and before the judgment he conveyed by
deed to trustees to ufes, and whether he was or was not
feifed at the time of the judgment, the jury find as the court
fhall be of opinion,

Scire facias to hear the record on a writ of error out of C. B.
on a judgment against the heirs and terre-tenants on a fei.
fa. where one of them a feme terre-tenant intermarried after
judgment,

Entry of a fei. fa. against heir and terre-tenant for an ex-
ecutor teftatum fci. fa. into Oxford. Defendant appears
and pleads that H. B. in the writ mentioned was not ieifed
in fee. Replication and ifiue, venire dftringas,
Plea by terre-tenant, that he is not tenant of the premises,
that J. B. being feifed in tee of the loft, demifed to R. S.
for five hundred years, upon which loft R. S. built the mes-
fuage, and demifed to J. C. defendant at will,

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 teftator,

Seire fieri inquirendum after a fi. fa. against an administrator in
debt, after judgment affirmed in error,

Suggestion of the death of the inteftate and grant of adminiftration; profert and non-tenure pleaded by terre-tenants in fei. fa. on judgment by adminifirator,

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

Scire fieri inquirendum, after a fi. fa. against an administrator
reciting fi. fa. the judgment f. fa. return of fi. fa. ca. ad
Ja. Suggestion of devaftavit fi. fa. of the goods of the
inteftate; fi non de bonis proprus; return, that defendant is
not found, and a devaftavit; ca. ad fa, and fei, fa, award-
ed; appearance. Plea, plene adminiftravit, and traverfes
devaftavit, iffue on the traverte and venire,
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,

Lill. Ent. 388. Ibid. 391.

Ibid. 398. to 403.

Ibid. 644

Ibid. 649.

Ibid. 656.

lb d. 659.

Ibid. 662.

Ibid. 664.

2. Ld. Ray, 1254

Lill. Ent. 666. 668.

&.

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