INDEX.

411

SCIRE FACIAS-continued.

What it is, 2, 349.

Must be founded on a record, 2.

Must issue out of the Court where the record is, 2, 19, 351.
Sometimes founded partly on a record, and partly on a sugges-
tion, 2.

Why so called, 2.

When it lay at Common Law, 2.

Given in personal actions, by the Statute of Westminster II., 2.
Why required after a year and a day, 3, 6.

An addition to the common-law right of action of debt on the
judgment, 5.

Where a new party to the suit, 6, 99, 113, 116.

Not necessary, when new party not beneficially interested, 100,
116.

When not necessary, generally, 8, 9, 64, 67.

against shareholder, 151.

Not necessary on a statute merchant, 9, 71, 83, 232.

nor on a statute staple, 9, 80, 83, 232.

recognizance in the nature of a statute
staple, 9, 83, 232.

where writ of execution has issued within the year,
9, 67, 84.

nor on warrant of attorney to confess judgment
given by an insolvent, 9, 67, 88.

in case of the Crown, 10, 94.

to revive a rule of Court, 89.

before issuing extent in aid, 97.

Where a judicial writ, 11.

A quasi continuation of the former suit, 11, 18.

In the nature of a declaration, 11, 349.

When an original action, 12.

The reason why necessary, 65.

When there is a change of parties, 65.

No objection that unnecessarily issued, 87.

When irregular, 25, 351.

Waiver of irregularity, 26, 351.

When a nullity, 151.

When may be quashed, 26.

When unnecessarily sued out, 27, 352.

Must be brought in the county where the venue was laid, 18.

The record must be in Court, 19.

Must recite the judgment, 19, 182, 196, 203.

and pursue its terms, 20.

Amendment, power of, 20, 349.

Distinction between, and action on the judgment, 20.
When joint and when several, 21.

Must recite the judgment on which it is founded, 350.
Proceedings on, are within pleading rules, 351.

Voidable, when, 25, 351.

When two writs of, required, 351.

Writ of error on, 352.

Pleas to, generally, 352.

Cannot plead, to any defence to the original action, 353.
Practice on, generally, 354.

Motion in arrest of judgment on, 357.

Costs on, 357.

Necessary before issuing execution against members of companies,
under the Companies Clauses Consolidation Act, 361.

Ad audiendum errores on change of parties, 213, 367.

Not necessary in case of the Crown, 214.

By assignees to recover money in sheriff's hands, 167.

Against bankruptcy commissioner, to enforce order of Court of
Review, 168.

Whether necessary against bankrupt joint-stock company, 172.
By assignees of bankrupt on interlocutory judgment, 166, 167.
On final judgment, 167.

In cases of bankruptcy or insolvency, 365.

On bill of exceptions to the judge who sealed it, 206, 211, 367.

To judge's executor or administrator to acknowledge or deny his
seal, 212.

In debt on bond, 31.

Statute 8 & 9 Will. III. c. 11, s. 8, as to debts on bonds, 31.

effect of, 32, 33.

principle of, 35.

confined to actions of debt, 36.
compulsory on cases within it,

40.

For further breaches of bond, 37, 38, 46, 358.

Where condition in same instrument, 42.

is in another instrument, 41.

For further breach of bond in not paying an annuity, 43.

Ditto of further instalments, 44.

For debt of the Crown secured by bond, 233.

In case of death of plaintiff or defendant, 175, 366.

SCIRE FACIAS-continued.

Against heir and terretenants, 178, 190.

By personal representative of deceased to revive judgment-debt,

186.

In case of death must be brought by or against those who repre-
sent the deceased, 189.

Form of, on judgment by personal representative, 191.

By and against administrator de bonis non, 198.

Against executor or administrator on judgment of assets quando,
200, 367.

Not necessary on death of plaintiff in ejectment, 216.

Against executors and terretenants, 217.

In ejectment, 23, 215.

Necessary at common law, 215.

To revive judgment in ejectment, 215, 368.

Omission to issue, in ejectment, not an irregularity merely, 216.

For husband to have execution of his wife's debts, 157.

By or against the wife, 159.

On marriage of feme sole defendant in ejectment, 217.

To have execution of forfeitures to the Crown, 233.

On inquisition to find debts, 344.

On inquests of office, pleading to, 315.

Practice on, 345.

When not necessary on, 346.

On interlocutory judgment, 27, 28, 352.

Against member of a joint-stock company, 103, 145, 359.

Leave of the Court necessary for, against members secondarily
liable, 115.

May issue at once against members of a joint-stock company, at
the time when issued, 115.

Bona fide attempt must be made to recover the judgment against
those primarily liable, before leave will be granted to issue the
writ against those secondarily liable, 115, 123, 124, 128.
Against what class of members of a joint-stock company it must
first issue, 120, 128.

When leave of the Court necessary before issuing, 123.

Need not proceed against all existing members before issuing writ
against those secondarily liable, 124.

Defence cannot be pleaded to, which could have been pleaded to
the original action, 145.

Against member of Joint-stock Company, onus lies on the plaintiff
to show that he is liable, 151.

To have execution of a forfeited recognizance, 229.

To have execution of recognizance, 282.

Proceedings on, 282.

To have execution of, or to avoid estreated recognizances, 291,
369.

Not necessary for the Queen, when, 291.

When necessary for the Queen, 291.
Form of, when issued, 291.

For a subject to have execution of forfeited recognizance, 292.
Necessary, when, 292.

To have execution of a recognizance after a year from its forfeiture,
292.

Issues out of the Petty Bag in Chancery, 294.

On death of conusee, 294.

On recognizance the condition of which not on the face of it broken,
295.

On forfeited recognizance in Crown cases issues out of the Crown
Office, 296.

Practice on, to estreat recognizances, with a condition, 298.

Pleas to, 300.

Costs on, 301.

On recognizance of bail, when plaintiff has become bankrupt, 167.

On forfeited recognizance of special bail, 305, 370.

Practice on, since 1 & 2 Vict. c. 110, 305.

Old practice on, how far retained, 306.
Liability of bail to costs on, 308.

Proceedings on, against bail, 313.

Form of, on recognizance of bail, 316.

When may be sued out, 317.

When returnable, 317.

Amendment of, 318.

Signing judgment on, 318.

On forfeited recognizance, rule to appear to, 319.
Setting aside judge's order for judgment on, 319.
Must issue within ten years, 319.

On recognizance of bail in error, 324, 370.
Proceedings on, 324.

Against pledges in replevin, 327.

On bond to the Crown, 331.

Issuing of, 335.

Its form, 335.

Its teste and return, 335.

Appearance to the writ, 336.

Entering up judgment on default of appearance, 336.
Motion to set aside, when irregularly issued, 336.

Pleading to, 337, 338.

Practice on, 338, 339.
Costs on, 339.

In cases of outlawry, 220, 368.

To recover debts and choses in action due to, 222.
On reversal of outlawry by statute or pardon, 224.

INDEX.

415

SCIRE FACIAS-continued.

To repeal letters patent, 12, 228, 245, 368.

An original writ, 228, 247.

By the Queen, 245.

By a subject, 246.

To repeal letters patent formerly prepared by the clerk of the
Petty Bag office, 247.

To repeal patent, indorsement of name of superior Court on, 249.
brought in the name of the Queen, ib.

Bond of indemnity for costs on, 250.

Form of writ of, to repeal patent, ib.

When may be issued, 251.

Who must be made defendant, ib.

Sealing of the writ of, 252.

To repeal patent, to whom may be directed, 254.
Where returnable, ib.

When returnable, ib.

When tested, 255.

To repeal a patent, summons to defendant on, ib.
Return to the writ of, 256.

Notice to defendant on, to repeal a patent, ib.

Judgment by default on, ib.

Appearance to, to repeal a patent, ib.

Delivery of declaration in, 257.

Form of declaration in, 258.

Practice on, ib.

Time to plead on, 259.

Defendant must plead or demur to all the suggestions, ib.

Plea of abatement to, to repeal a patent, 260.

Defendant cannot plead double to, ib.

Pleas to, must be delivered, 261.

Issue on, 262.

may be tried in any of the superior Courts, ib.
Notice of trial on, 264.

Delivery of transcript of Chancery record on, ib.
Power of superior Courts to try issues on, 265.
Issue on, may be tried at bar or Nisi Prius, ib.
Trial by proviso on, 266.

Nisi Prius record on, ib.

Venue on, ib.

Trial by special jury on, 267.

Praying a tales on, 268.

Proclamation on trial of, 269.

Bill of exceptions on, ib.

Verdict on, 270.

Venire de novo on, 271.

New trial on, ib.