INDEX.

401

DAMAGES.

Cannot be given in a scire facias for delay of execution, 196.

DEATH.

Of one of several plaintiffs or defendants pending the suit, 176,
366.

when it happens before declaration, 177.

after declaration, ib.

before interlocutory judgment, ib.

Of plaintiff or defendant between verdict and judgment, 180, 183.
before verdict, and after the assizes begin, 181.

before interlocutory judgment, 186.

after interlocutory, and before final judgment, 186, 366.

after the writ of inquiry is executed, 187.

after final judgment and before execution, 188.

Of obligor of bond to the Crown, 337.

DEBT.

Scire facias to recover residue of, after eviction under an elegit,
47.

DEBTS.

Of wife, how recovered, 156.

Accruing to wife during marriage, 157.

Due by wife, recovery of, 158.

May be brought on judgment in scire facias, 197.

DECLARATION.

In scire facias to repeal a patent, 257.

DEFAULT.

Of one of two defendants on a joint bond to the Crown, 337.
DEFENCE.

Cannot be pleaded to scire facias which could have been pleaded
to the original action, 145, 353.

DELIVERY.

Of transcript of Chancery record, 264.
DEMURRER.

To scire facias to repeal a patent, 261.
DEPOSITING.

Money in lieu of bail, 323.

DISCLAIMER.

Of patent, entry of, 242.

DOCKETING.

Of judgment, 196.

And entering bail-piece, 304.

EJECTMENT.

Scire facias in, 23, 215, 368.

D D

Scire facias necessary when not issued within a year, 24.
Nature of, 48.

Effect of 10th sect. of Statute of Frauds on, 49.

All a debtor's lands may now be extended under, 50, 179.

In case of the King, 51.

Why so called, ib.

Formerly a full satisfaction of the debt, 52.

Though the debt were unsatisfied by the plaintiff's eviction, ib.
Where tenant by, evicted, scire facias for residue of debt, 55.

Where part of the lands remain in execution under, ib.
When in nature of a fi. fa., ib.

Scire facias on, why necessary, 56.

Form of writ of scire facias on, 57.

ENROLMENT.

Office, seal of, 253.

Of recognizances, 280, 281.

ERROR.

Writ of, scire facias not necessary, 8, 70.

Writs of, rule as to, at Common Law, 320.

Writ of, on judgment for the Crown on scire facias to repeal a pa-
tent, 275.

ESTREAT.

fiat of Attorney-General necessary before issuing, ib.

Of recognizances forfeited at sessions, 288.

Before Parliament and the superior Courts, 289.
New rules of practice as to, 290.

EXCEPTIONS.

When scire facias not necessary, 8, 67.

EXCHEQUER.

Court of, jurisdiction over recognizances, 288, 289.

EXECUTION.

Writs of, at Common Law, 47.

Voidable if issued after a year without scire facias, 24.

When irregular, 24.

Must follow the judgment, 108, 161.

Cannot issue against a shareholder of a joint-stock company under

7 & 8 Vict. c. 110, without notice, 152.

May issue against shareholders of a joint-stock company, under
7 & 8 Vict. c. 110, at the suit of creditors as well as share-
holders, 152.

To husband and wife, on judgment obtained by wife, dum sola, 161.
On joint judgment may be levied on one defendant, 177.

INDEX.

403

EXECUTOR.

Scire facias must issue against, on judgment obtained against tes-
tator, to make him a party to the judgment, 193.

EXECUTORS AND TERRETENANTS.
Scire facias against, 217.

EXTENT.

In aid, scire facias not necessary before issuing, 97.
On bonds to the Crown, 331.

FEME SOLE.

Scire facias by or against, when afterwards married, 159, 160, 161.
Judgment obtained by, who afterwards marries, 160.

FEES.

against, who afterwards marries, 161.

Of the Petty Bag Office, 253.

FIAT.

Of the Attorney-General, to authorize issuing of scire facias to
repeal a patent, 249.

FI. FA.

Issued in lifetime of judgment creditor may be executed after his
death, 193, 194.

FORFEITURES.

To the Crown, scire facias to have execution of, 233.

FORM.

Of declaration in scire facias to repeal a patent, 258.

Of recognizances entered into by order of the Court of Chancery,

281.

of special bail, 307.

scire facias to have execution of forfeited recognizances, 291.
on, 316.

bond to the Crown, 335.

HEIR AND TERRETENANTS.

Scire facias against, 178.

HUSBAND.

When, must join in an action to recover debts due to his wife, 156.
May sue alone for wife's debts, 156.

Must be made party to the judgment of wife, in wife's lifetime,

161.

INDORSEMENT.

Of name of Superior Court on writ of scire facias to repeal
patent, 249.

INJUNCTION.

To stay execution, scire facias not necessary, 8, 70.
To restrain infringement of patent, 244.

INQUEST OF OFFICE.

What it is, 342.

Origin of, 342.

INQUISITION.

To find simple-contract debts due to the Crown, scire facias not
necessary, 10.

When returned a record, 343.

Should be certain, 343.

What debts may be found by, 344.

Scire facias on, 344, 372.

INSOLVENCY.

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

INSOLVENTS.

Effect of statutes relating to, 170.

Effects vest in assignees, 171.

Personal labour of, does not pass to assignees, 172.

INTERLOCUTORY JUDGMENT.

Scire facias on, 27.

Before bankruptcy, effect of, 166.

IRREGULAR.

To suggest death of nominal plaintiff on nisi prius record, after
issue joined without leave of the Court, 117.

IRREGULARITY.

In scire facias, when waived, 26, 337.

JOINT JUDGMENT.

Execution on, may be levied on one, 177.

JOINT SCIRE FACIAS.

When necessary, 20.

And several, 21.

JOINT-STOCK COMPANIES.

Since 7 & 8 Vict. cc. 110, 113, scire facias not necessary, 90.
When members of, primarily, and when secondarily liable to debts
of company, and when exempt, 121, 127.

All members of, primarily liable, need not be proceeded against
124.

Winding-up Act, effect of, 153.

Members of, under the Companies Clauses Consolidation Act, 361.
JOINT-STOCK COMPANY.

Bankruptcy of, 172.

JUDGE'S ORDER.

For judgment on scire facias against bail, setting aside, 319.

INDEX.

405

JUDGMENT.

Costs on, 85.

More than a year old, must be revived by scire facias, 6.
Cannot be impeached on motion for scire facias, 27.

In debt on bond at Common Law, 33.

On warrant of attorney against public officer, 150.

Obtained by feme sole who afterwards marries, 160.

In case of death of plaintiff or defendant before verdict, must,
under 17 Car. II. c. 8, be signed within two terms after verdict,
182, 184.

Entry of, nunc pro tune, 184.

Must be entered of record when signed, 185.

Obtained within a year before testator's death will bind the testa-
tor's goods, 194.

By default on scire facias to repeal a patent, 256.

To cancel letters patent, 272.

For the Crown in scire facias to repeal a patent may be pleaded in

bar in action for infringement of patent, 274

Reversal of, reversal of scire facias on, 351.

Of assets quando, scire facias on, 367.

JURY.

Must assess damages on breaches assigned of a bond, 39.

LETTERS PATENT.

What they are, 236.

For what granted, 236, 239.

Delivered to the patentee as his evidence of title, 237.
The right to grant, a prerogative of the Crown, 238.
Restrained by the Statute of Monopolies, 238.

Fiat of the Attorney-General necessary to authorize the issuing of

the writ, 249.

Bond of indemnity for costs on scire facias to repeal, 250.
Form of scire facias to repeal, 250.