396

Appendix of Forms.

BOOK III. CHAPTER VIII.

(Ante, p. 341.)

[BK. III.

FORMS OF SCIRE FACIAS ON INQUESTS OF OFFICE TO RECOVER SIMPLECONTRACT DEBTS DUE TO THE CROWN.

For form of commission to find debts, see Tidd's Forms of Pr. 6th ed. 446. West on Extents, App. 1.

For form of inquisition on the commission, see Tidd's Forms of Pr. 6th ed. 467. West, App. 3.

For form of scire facias upon the return of a writ of inquirendum on an inquisition of a coroner of felo de se, see 2 Gude's Practice, 665.

INDEX.

ABATEMENT.

Plea to, 352.

Plea of, to scire facias to repeal a patent, 260.
ACTION.

Scire facias, in nature of, 13.

AD AUDIENDUM ERRORES.

Scire facias on change of parties, 213, 367.

ADMINISTRATION.

De bonis non, 198.

ADMINISTRATOR.

De bonis non, may revive decree in Equity, 199.

ADMINISTRATOR DURANTE MINORE ÆTATE, 191.

AD REHABENDAM TERRAM, 58.

AGREEMENT.

To stay execution, scire facias not necessary, 8, 67, 69.
AMENDMENT.

Of scire facias, 20, 168, 349.

practice on, 373, et seq.

against bail, 318.

of judgment, as to the time, 196.

APPEARANCE.

To scire facias, to repeal a patent, 256.

ASSETS.

Quando, judgment of, 367.

ASSIGNEES.

When actions to be commenced in the names of, 163.

Action may be continued by, in the name of the bankrupt, 165.
Cannot make themselves parties to the record till after judgment,
166.

Not entitled to judgment-debt, levied by sheriff, before bank-
ruptcy, 167.

New warrant and retainer to sue out scire facias, 349.

AUDITA QUERELA.

When defendant is called on over again to pay forfeited recogni-

6. Variance in declaration from affidavit to hold to bail, 310.

7. Giving time to principal, 311.

8. Alteration of defendant's position, 312.

Proceedings by scire facias against, 313.

In error, recognizance of, 320.

BANKING.

depositing money in lieu of, 323.

statutes requiring, extend only to cases where judgment
given for the original plaintiff, 323.

amount of to be entered into, 323.

to what they bind themselves by their recognizance, 323
cannot discharge themselves by rendering their principal,
324.

engagement of, is absolute, to pay the debt and costs,
324.

pleas to scire facias by, 325.

before Parliament, 325.

recognizance of, in misdemeanors, 325.

Copartnerships, since 7 & 8 Vict. c. 113, scire facias not necessary,

90.

BANKRUPT.

Disabled from continuing a suit, 165.

INDEX.

399

BANKRUPT-continued.

Joint-stock Company, whether scire facias necessary, 172.
Law Consolidation Act, 164.

BANKRUPTCY.

After action brought, not an abatement of the suit, 165.

Of plaintiff cannot be pleaded to a scire facias by the bankrupt,
170.

Of plaintiff may be pleaded in bar, 165.

Of plaintiff or defendant, scire facias in case of, 365.

BANKRUPTS.

Certificate, exonerates him from costs of scire facias, 169
Property, assignment of, 163 to 170.

BILL OF EXCEPTIONS.

Scire facias on, 206, 211, 367.

Origin of, 206.

For what it lies, 208.

Does not extend to criminal cases, 209.

Proceedings on, 210.

On trial on scire facias to repeal a patent, 269.

BOND.

Debt on, scire facias to recover demands after judgment, 31.
Only security to the amount of the penalty, 37, 39.

Scire facias on further breaches of, 37.

Breaches of, when to assign and when to suggest, 44.
To the Crown, nature of, 330.

from what time binds lands of Crown debtor, 334.
practice on scire facias on, 335.

service and appearance to the writ, 336.

To secure debt of the Crown, scire facias on, 233, 371.

Of indemnity for costs in scire facias to repeal patent, 250, 276.
CANCELLING.

Of Letters Patent, 272.

CAPIAS.

Cannot issue on scire facias, 22, 351.

CA. SA.

Issued in lifetime of judgment creditor may be executed after his
death, 193.

Suing out against principal, before proceeding against bail, 313.
Proceedings on, 314.

For residue of debt, 316.

To remove forfeited recognizance into the Crown office, 299.
CESSET EXECUTIO.

Where scire facias not necessary, 8, 68.

CHANCERY.

Common-law seal, 252.

Recognizance, certified into, 281.

CLASS.

Of shareholders of a Joint-stock Company primarily liable for the
debts of the company, 128.

CLASSES.

Of persons liable for debts of Joint-stock Companies, 126.
COLLATERAL.

Facts, suggestion sufficient, 102.

COMMISSION.

To inquire, as to Crown debts, 342.

COMPANIES CLAUSES CONSOLIDATION ACT.
Scire facias against members of companies under, 361.

CONTEMPT.

Of Court, in not restoring Letters Patent into Chancery after
judgment for the Crown, in scire facias, 274.

COURT OF CHANCERY.

Recognizances entered into by order of, 281.

COSTS.

Are recoverable on judgment, by default in scire facias, 196.

On judgment, 5.

On scire facias by assignees, 168.

CROWN.

generally, 357.

on bond to the Crown, 339.

to repeal a patent, 276.

to have execution of recognizance, 301.

Demise of, proceedings on scire facias to repeal a patent do not

abate by, 277.

in case of, scire facias not necessary, 10, 29, 94.

Scire facias for debt of, secured by bond, 233.

to have execution of forfeitures to, 233.

CROWN OFFICE.

forfeited recognizance, not neces-

sary, when, 291.
when necessary for, 291.

Scire facias issues out of, in Crown cases, 296.