jufi^Vw" 5 ^™*? Merchant §."-angers might be publickly prohibited; and this Prohibition isin-
tendnb.e ol Merchant Strangers w Jmity ; for tins Ait provides aft-rward for Merchant Strangers Ene-
mies ; and therefore the Prohibition intended by this Ad, muft be by the Common or Puhlick Council
ot the Realm, that is, by Act of Parliament, for that it concerns the whole Realm, and is implied by
this Word (Publicity) z Inft. 57. r J
All Merchant Strangers fo Amity (except fiich as be fo publickly prohibited) foallhave fafe and fore
Conduct in 7 1 hlngs 1 To depart out of England. 2. 1 o come into England 5. To tarry here
.4. ro go 1.1 and thro' England, as well by Land as by Water. 5. To buy and to fell. 6. Without
any Manner of Evil foils. 7 By the Old and Rightful Cuftoms. 2 Inlt 57.
f T.'ie WordTolnetum, and Telonium, and Theolonium are all one, and do fiwnify in a o-ercr-'l
S.nfe any Manner of Cuftom, Subfidy, Preftation, Impofition, or Sum of Money "demanded for ex-
porting, or importing of .:•■V\ arcs or Merchandifes, to be taken of the Buyer. They are called Mai 1
7W;.yM, when the Thing demanded for Wares or Merchandizes, do fo burden the Commodity, as the
Merchant cannot have acoiivement Gain by trading therewith, and thereby the Trade itfelf is loft or
hindered. And in divers Statutes Maletout for Maletot, or Maletout is a French Word, and fianifies
an ufijufi Exaction. 2 Inft. 58. 3
* Joe Words (Old and Rightful Cuftoms) mean, Ancient and Right Duties due by Ancient and
Lawful Cuftom. 2 Inft. ^S.
*•* The Ancient and R ightful Cuftoms were for Wools, Woolfel Is, and Leather, and af Common
Law no other Cuftoms were paid. 12 Rep. 55. 54. in the Cafe of Caifoms Sec. See Prerogative
(K a) &c. °
And if they he of a Land making War again ft us, and be found in our * Ld Coke
Realm at the Beginning of the Wars^ they (hall be attached without Harm of zlnli - 5 8 -
Body or Goods, until it be known unto us, or our * Chief Jufiice, how our \^\ Thls
Merchants betntreated there in the Land making War agamjl us. d'erftoocTof
»-pi s~*
dian or Keeper of the Realm in the King's Abfence. As for fuch Merchant Grangers as ""Zit
into tie Kealm after the If ar begins they may be dealt with as open Enemies. Ibid.
And if our Merchants be well intreated there, theirs Jhall be likewife This is [ us
â– With US. Belli; Etin
maxime confervanda font Jura Belli 2 Inft. 58. And the End of all fuch Reftraints is wffSSlL
12 Kep. 35. in the Laic of Cuftoms &c. '.
3. 1$ H. 6. cap. 3. Enacts, That the Keepers of the Great and Privy
Seal, jhall not fujfer the Claufe Vidimus to be put in any Safe Conduif, un-
lefs fome gerat Caufe move the King to grant the fame in fuch wife, and in all
Safe Conduces to be granted to any Perfons, the Names of them, of the Ships
and of theMaflcrs, and the Number of the Manners, with the Portage of
the Ships, Jhall be exprefs'd.
4. 18 H. 6. cap. 8. Enacls, That Goods rday be loaded into the Ships of
the King's Enemies, fo as the Merchant hath an an then tick Safe Conduct j or
them ; otherwife they may be made Prize by any that can take them.
5. 20 H. 6. cap. 1. Enaas, That all Letters of Safe Conduif which be
notinroWdin the Chancery before the Delivery of them, jhall be void.
They who will take the Benefit of the King's Safe Conduif, /ball have it
ready inrolPd at the Time 0] their Apprebenfton ; Hewlett, altho the Safe
Conduti be not prefently fhewed, yet it willfujf.ee if it be afterwards prov'd to
be then inroll'd.
4 A 6. Of
274
Sale.
6. Of Ancient Time, and until later Days, no Ambaffador came into
this Realm beJore he had a Safe Conduct â– â– , ior as no King &x\ can come
into it without a Licence or Sale Conduct, lb no Prorex &c. who re-
prefents a King's Perfon, can do it. 4lnrt. 155. cap. 26.
7. A Merchant Alien, who had the King's Seeurum ck Salvum con-
du£tum tarn in Corpore quam in Bonis, bail'd Goods to A. to be carried ti
I-xctcr, and theft Goods were put into Boxes (card up; A. carried theft
Goods to another Place, breaks the Boxes, takes out the Goods, and fites
with them, arid waives them in bis Flighty thefe Goods, in this Cafe
are not forfeited as waived, becaufe of the faid Safe Conduct. Jenk. 132.
pi. 69.
8. A Safe Conduct will only keep the Party fafe from Harm, but will
not protect him from Actions. Godb. 366. pi. 457. Hill. 2 Cit. B. R. in
Cale of Burner v. Murrey.
For more of Safe Conduct in general fee 3HCH, l^XttO^Citi'OZ, and
other Proper Titles.
Sale.
(A) Sale for Portions decreed upon Settlements, tho' no
Words dire£tin«; it.
o
-u
Ands are fettled on Marriage, on Condition that if there mould be
a Daughter, the Perfons in Remainder to pay her 200c/. at 16,
with Pcflocrfor tin Daughter, in cafe of Non-payment, to enter a/id dijtram
for the 2000 1. and Damagi s, and the Truftees to itand ieiled to that In-
tent. Tho' here was ho Power given to fell, yet the Land charged being
but 120 1. per Ann. and the 2000 1 being to be paid with Damages, and
at her Age of 16, and was nu more than her Mother's Fortune, and that
fhe was 20 Years old when Die married, and was now 24, and had no
Power to enter and hold till fatisfied, yet decreed the Trultees to fell
and raife the Portion. 2 Vera. 1. inn. 16S6. Meynell v. Mailcv.
So where 2. A. had a Power to charge an Eitate with 5000/. jor Daughters Por-
therc was no tioni, at 18 or M, nidge; he executes his Power, and exprefsly declares
prefixed that the JLfi ate fc all ft and chargd, «»^theii he proceeds, undjdjs,
j^' v \ -9*1 for the more eff'effual raijitig the 5000/. the Truftees fhould enter, and hold
P^ich. 1701. until the Money be raifed by Rent's and Pro/its, the Portions being to be
by Lord railed at a prefix'd Time, and the Rents not being fufheient to anfwer
an -J?°~ the very Intel cjt. Ld Somers decreed the Lands to be lold. 2 Veru.
burton v. " 3 IQ - P*- 3 01 - Hill. 1692. Shelden v. Dormer.
W arbarton
t, P 12 Mod. 614. Hill. 1} W. 3. Lord Keeper Wright did, That if there had been no Time li-
mited for the raifing this Mdriey, and the Lady, to whofe Uft ir wis, W45 lb young t'-...: a Iptedy ra
of it wat not nccellary, and that there was a lulHcicnt Eltatc out of the ttrohts whereof :t might be.
railed without Sale; the Court would not in that Caie decree a Sale, but here the '1 iir.c being exprefsly
fixed, there mull be a S.ile, rather than it ihould not be then railed. And lb it was decreed.
3 . If
Salvage. 275
3. If the ordinary or annual Profits of the Lands fettled on Marriage,
for railing Portions for Daughters, will not raife the Money in a conve-
nient Time to anfwer the Intent of the Settlement, and the Money is li-
mited to be raiied out of the Rents, Iffues and Profits; in a Court of Equity,
it may be decreed to be raifed by Sale or Mortgage. And tho' the
Daughters bad been in Poffeffion fame Tune of the Lands, and received the
Rents and Profits thereof, yet itill the Lands may be fold to raife the
Reiidue ; and the Rents &c. already receiv'd, ihall be applied firfi to
discharge the Interefl, and then the Principal. Per Ld C. Covvper. Ch.
Prec. 435. Trin. 1716. Stanhope v. Thacker.
For more of Sale in general See CrcBftOl'S, DcMfC, l)tl\\ |2>0ttlaitSS,
'flWTUff, and other Proper Titles.
(A)
Salvage.
1. pY the Naval Laws of Oleron, if a Skip departing with her La-
j[3 ding to any Place abroad, happens in the Courie of her Voyage to
be rendered unfit to proceed therein, and the Seamen fame as much of the La-
ding as poffibly they can ; if the Merchants require their Goods of the
Maiter, he may deliver them if he pleaies, they paying the Freight in
Proportion to the Part of the Voyage that is performed, and the Coils
of the Salvage: But if the Mailer can readily rent his V effel, he may do
it; and altho' he has promiled the People who help'd him to lave the
Ship, the Third or the Half Part of the Goods laved, lor the Danger
they ran therein, yet ii fuch a Cauie comes bclbre any Judicature, it
ihall be conlidered the Pains and Trouble they have been at, and the
Reward be accordingly, without any Regard to the Promiles made
them by the Parties concerned, in the Time of their Diitrefs. Laws of
Trade <&c. 109. cap. 9. cites Leg. Cleron, cap. 4.
2. If a Ship put to Sea with Merchants Goods, and there ihe is difilled,
W perijbes by the Fault of the Mailer or his Men ; the Goods that are
faved ihall be fecured in a certain Place free from Danger; but if it be
proved by Witneifes, that the Misfortune was occalioned by Tempeff,
what remains of {the Ship and Goods ihall be brought to a Contribution,
and the Mailer ihall retain Hall the Value of the Freight, by the La vs
oi" Rhodes. And the iame Laws have ordained, That if a Ship be fur-
prized at Sea with Whirlwinds, or ivreck'd at Sea, any Perfon faving any
Part of the Wreck, pall have one Fifth ot what he laves. Laws of Trade
&c. 109, no. cap. 9. cites Leg. Rhod. cap. 27. 45.
3. For the Charges of Salvage, very great Allowances have been made;
As, to the Divers and Salvers the Half, the 3d, or the 10th oi the
Things faved, according to the Depth of the Water oat of which they were
fifli'd, whether 15, 8, or 1 Fathom ; alfo a 10th Part for Salvage on the
Coail, and the 5th to him that faving himieii, carries fomething with
him : *If the Ship only perijhes, and the Goods be faved, znca the Goods ihall * MoIIov,
pay the 10th or the 5th, as the Difficulty ot the laving thereof ihall re- Lib. 2 cap.
quire; and Gold, Silver, Silk, and the like, being of eafy Tranfporta- 5-S-4 S.P.
uon, ihall pay lefs than Goods of greater Weight, and more burthenfome
for
276
Salvage.
for Carriage, which are in greater Danger. Laws of Trade &c. no.
cap. 9. cites Sea Laws 125. Lex Mercar, 119.
4. \\ here Things are caft up by Shipwreck^ or left thro' Caftwgs in
Storms 1 the Laws of Rhodes allow- to the Finder a 3d for the Saving;
and in France they allow one 3d Part for Salvage.' But by the common
Cuftom of Countries, every Perlbn of Quality, or Lord of a Manor &c.
claims all as his own, it it comes upon his Land ; contrary to Ionic Sea
Laws, which give it to the Finder ; tho' by the Opinion of Lawyers,
the Finders thereof mould do therewith as with o r .her Goods found up-
on Land ; they ought to proclaim the Things to be iorthcoming to tne
true Owner or Loler; and if no Man claim the fame, then the Finder to
keep them to himfelf. Laws oi Trade &c. no. cap. 9. cites Lex Mer-
cat. 1 19.
z Salk. 654. ^ Trover for Goods ; the Defendant pleads that they were in a Ship,
pl. 2. i>. l.. anc j t j iat xhe Skip took Fire, and that they hazarded their Lives to Live
them i and therefore they are ready to deliver the Goods, it* the Plain-
tiff will pay them 4 1. for Salvage &c. The Plaintiff demurr'd general-
ly. And Holt Ch. J. held, That they might retain the Goods tin •■I Pay-
ment, as well as a Taylor or an Holtler, or common Carrier And Sal-
vage is allowed by all Nations, it being reasonable that a Man fhall be
rewarded who hazards his Lite in the Service ol another ; but this Mat-
ter lhould beghen in Evidence. Ld Kaym. Rep. 59^. Mich. 10 W. 3.
Hartfort v. Jones &c.
6. By the Statute of 12 Ann. cap. 18. S. 2. All Perfon s required by She-*
riff's tr'c Conflab/es 6#r. w'ho'Jhallad in the Saving and Preferving any Ship
in Diftrefs on our Sea-Coajls, or ibe Cargoes thereof, (ball, within 30 Days
after y be paid a reafotiable Reward for the fame* ly the Commander or Owner
of the Ship, or Merchant concerned; And in Default thereof, the Ship or
Goods fit faved fhall remain in the Cuftody oj the Officers of the Cajloms till
Payment be made or Seem given. And i) any Difference arife about the
Salvage 3 neighbouring Jiiflices of Peace pall adjrifi the Quantum to be paid
to the Perfons alhng therein, which fhall be binding to all Parties, and reco-
ver at le in an Action at Law.
7. In Trover for a Ship, in order to juftify the Taking of the Ship,
the Defendant proved, That me was jfran'ded on Part of the Mancr of
Southwold : No body was then on board her ; upon which he boarded her him-
felf, and detained her as Bailiff to Sir Charles H/cyce, who was intitled to all
Wrecks and Salvage in the Manor of Southwold, as Lord of this Manor.
The Judge thought this a Matter or too great Difficulty to be deter-
mined at Nifi Prius j Whereupon a Verdicf was given lor the Plaintiff],
fubjeft to his Lordihip's Opinion. 2 Barnard Rep. in B. R. 407. Kill.
7 Geo. 2. 1733. Everardv. Cob.
For more of Salvage in General, See }©rCCfc and other Proper Tides.
Satisfaction.
277
Satisfaction.
(A) trhat fhall be faid to be a Satisfaction, and for What.
NCR a Recompense and always a Recompence : So that if Land
recovered in Value be of a detealible Title, and evicted, no
further Recompence (hall be had. As if the Demandant in Formedon
be barr'd by Warranty and AlTets, tho' the AiTets be afterwards evicted,
yet the Tail is gone tor ever. Arg. D. 139. pi. 32. Hill. 3 & 4 P. & M.
But the Reporter adds, Quaere hoc.
2. A Rele.ife is a Satisfaction in Law. Noyjf. Albany v. Manny.
3. A Penonal Tiling cannot be a Satisfaction for a Real thing. Per
Warburton J. 2 Brownl. 131. Mich.
Chec> .
4. Debt on a Single Rill; The Defendant pleads Feoffment of Lands in
Satisfaction of the Debt; The Plaintiff' demurred, and on Reading the
Record ruied to be an ill Plea to a Single Bill ; otherwife it had been on
Bond with Condition to pay Aloney. Brownl. 70. Trin. njac. Glyver
V. Leaie.
5. Payment of 10 Quarters of Grain can be no Satisfaction for 20 Quar-
ters ; Per Coke Ch. J. And if a Man is bound to pay 10 /. at a Day, if' he
pays 5/. at the Day in Satisfaction, yet it is no Satisfaction ; Per Coke^
Haughton, and Doderidge. Roll. R. 173. pi. 3. Patch. i3jac. B.B^..
in Cumberland's Caie.
6. Wherefoever I lufFer any Injury joined with a Lofs, the Law thai! RoIl.Repi
give me a Remedy and Recompence according to my certain or uncertain 12;. accord-
Lofs, yea and lometimes where the Thing is not in being, but utterly cxtin- ins'y, byHo-
guified ; As if the Cafe were, That a Man lhould have yearly 2 Deer out ,t r j. iC ''j n °
of the fame Park ; the Diiparking would not hurt ; For he fhouid have the Cafe of
the Value ever; Per Hobart Ch. J. Hob. 43. in the Cafe of Cowper v. Hooper v.
Andrews. Andrew?,
but is S. C.
7. If a Man has Common of Eftovers in my Woods, viz. So many Loads s p by h -
by theYear certain, Or elfe uncertain, viz. As much as he mail ipend in bart. Roll.
Fires, and in Repairs of his Houfe ; If I Jiub up this Wood, fo as there Rep. 125.
neither is, nor will be any Wood again, yet he fhall have an Ajjij'e from
liar to 7~ear of his Common of Eflovcrs. Hob. 143. in the Cafe of Cow-
per v. Andrews.
8. A Promife cannot be extinguilhed by a Bill under Hand alone ; be-
caufe in Law it is of no Higher Nature. 12 Mod. 86. Mich. 7 VV. 3.
Stayner v. Baker.
9. 3 £>4 Ann.cap.(). Enacts, That if anyPerfons give fuch Bill of Exchange
(as therein mentioned) in Satisfaction of any former Debt, the fame (hall be
efteemed a full Payment, if he does not make his Endeavour to get the fame ac-
cepted and paid, and make his Proteff. (as therein mentioned) jvr Non-
acceptance or Non-payment.
10. A. in Coniideration of 6000 1. Portion with M. by Marriage-
Articles, cevcuanted with Trujhes to lay out, within one Tear after the Mar-
riage, the faid 6000 1. and to make it up 30,000 1 in the Purchafe of L.'.nds
to be fettled on A. for Life, Remainder to Trultees to preferve c£c Re-
mainder for fo much as would amount to 800 1. a liar to At. for a Jointure,
4 B Remainder
2 7 8
School and Schoolmafter.
Remainder of the Whole to the firjl £jV. Son of the Marriage in 'fail Male
i$c. Remainder to T'ruflees for 500 2 ears to raife Daughters Portions, Re-
in, tinder to A. his Heirs and Affigns far ever ; But if no Daughters, then
the •Term to ceafe for the Benefit of A. his Heirs and AJJigns for ever.' — After
the Marriage A. purchafed (f&tt 7 Fjlates in Fee, but never fettled them j
and likewile purchafed feveral Terms, and died intejfate, and without If-
fue, leaving i8boL a Tear Real Fftate to defctnd upon the Plaintiff, his
l\qhew and Har at Law. And A. further covenanted, That until the
jo, coo 1. laid out as afore faid, lntercjl Jhould be paid for the fame alter the
Rate oi 5 1. per Cent, unto the Perfons intitlcd to the Rents &c. of the
Lands when purchafed. M. took out Adminiltration, and the Plain-
tilf by Bill pray'd an Account of A. '3 Perfonal Eftate, and to have the
Covenant carried into Execution, his Remainder, by the Death of A.
without Iii'ue, now taking Effect , And alio to have lome PttrthafeS com-
pleated which were left inccvipleat at A.'s Death. It was infilled for the
Defendant, That the Plaintiff was not privy to any of the Confederations in
the Covenant, and io could not compel M. to lay the 30,000!. out for his
Benefit, But if he could, that the 1800I. a Year L.vids defended to him
ought to be take:; as a lull Satisfaction. But both Points were decreed at
the Rolls for the Plaintiitj the Heir at Law. And upon Hearing betore
the Lord Chancellor, his Lordlhip faid, That the Cafes upon Satislic-
tion are generally between Debtor and Creditor ; and the Heir is no Credi-
tor, but only ft and s in his Anceltor's Place. One Rule of Satisfaction
is, That it depends upon the Intent of the Party, and that which Way foj
ever the Intent is, that Way it muft be taken. But this is to be under-
flood with feme Rettriftions, As, that the Thing intended for a Satisfac-
tion be of the fame Kind, or a greater tying in Satisfaction of a Lejjer ; For
if othervv ile, this Court will compel a Man to be jult before he is gene-
rous j and lb will decree Both. Select Cafes in Can. in Ld. Talbot's
Time 80 & 92. Pafch. 1735. in the Cafe of Lechmere v. Lady Lech-
mere.
1 1 . A Gift by a Freeman of London in his Life-Time was con ft rued a Satis-
faction of a like Sum bequeathed to the fame Child by Will fubfequent to the
Gift. See Cufes in Equ. in Ld. Talbot'.? Time 71. Pafch. 1735. Upun
v. Prince.
12. Any Writing Obligatory fealed determines or merges any Duty by
Contrail; becauie a Specialty is of a higher Nature. Went. Off of
Executors 116.
For more of Satisfaftion in General, See SlCCeptitttCC, 3CCCr&,
COntUt'iOH, IDCiUfC, and other Proper Titles.
School and Schoolmafter.
I
21 E. 4. 6
N Trefpafs it was doubted if a Schoolmafter may Jlnke his
Scholar for Negligence or Default. Br. Trefpafs, pi. 349. cites
2. 23 Eliz.
School and School mafter. 279
2. z%Eliz. cap. 1. Enacts, That none pall keep a Schoolmafter which abfents The ^ Sw-
bimfelf from Church, or not allowed by the Eifkop or Ordinary, in Pain «/ ™p ^° a ' s
id I. for every Month he fo keeps him ; and fuch Schoolmafiet pall be Jor to p C! .f ons
tfter di 'fabled to teach 1 oath, and pail fuffer one whole Tear s Impri- riot within
it without Bail. th _ e , Be ^ fi 5
3. 1 Jac. 1. tap. 41 EirjOcs^Th:\z;h:;!c^!"rf tire Univetyitiespall keep Schcol,°J { ^ A ° t e ~
pt a Free- School, or infome Per fens Houfe that is no Rccufant, or by Li- \, m asto
cence of the Btft'op or Ordinary, m Pain to forfeit 40 s. a Day. fuch Perfons
it feints
to be in a great Meafure, fettled, that they are impliedly repealed by that Aft. And 12 Ann. 7 which
obliged Schoolmafiers rofuBfcribe the Declaration concerning the Liturgy ^ and to have a Licence from
the tifhop, is repealed by 5 .Geo. 4. Hawk. Abr. PL C t \. cap. o
4. Prohibition to ftav a Suit in the EcclefiafHcal Court againft aSchool- * s - c - cited
matter lor keeping a School without a Licence, puriuant to the Statute of Re j*£ •
1 'Jac. 1. cap.$. Par 9. upon a Suggestion that the laid Statute gives a j ntne clfs
Penalty of 40 s. per Diem againii every fuch Schoolmafter, and that by of the King
Law Nemo bis paniri debet pro tino & eodem delicto. And Per Cur. a v - Davifon.
Prohibition was granted, and fo it was in the Cafe of * jStMDfi'CllI lL SJtC
jRtlliiKD JHi!in£3, on the like Sug.geit.ion. Carch. 464. Mich. 10VV.3.
h. R. Chedwick v. Hughes.
5. A Schoolmafter being a Layman was profecuted in the Ecclefiaftical
Court tor not -bringing his Scholars to Church contrary to the *\<)th Canon in
1603. And it was the Opinion ofTreby Ch J. and Powell J. and the
Court, That he being a Layman was not bound by the Canons. Wm's
Rep. 32. in a Note there, cites Fafch. ccHiil. 10 & 11 W. 3. Belcham
V. Earnardiitoni
6. The Defendant was indicted 'for having kept a School without Licence
of the Biihop of the Diocefe &c. contra For mam St At ut.' Upon which ic
was moved to qualh the Indictment (being removed hither by Certio-
rari) and the Exceptions that were taken the la ft Term were, 1. That there
iihis no Statute that prohibited keeping School without Licence, but 1
Jac. 1. cap. 4 Par. 9. and the fad Act prefcribed a particular Punipment^
viz. Forfeiture of &c. therefore it was not an Offence indiff able, beiDg a
New Oilence. 2. This Indidment was found before the Juftices of Peace'
at tht Quarter Seffions^ and they have no Power by the Act, and there-
tore it was void. 3dly, This School was not within the Aft of James I.
becauie the Ad extends but to Grammar Schools, and this School was for"
Writing and Reading. And afterwards in this Term, after a Rule
made, That Cauie lhould be lhewn upon Notice, why &c. the Indict-
ment was qualhed Ld. Raym. Rep. 672. Ealt. 13 W. 3. The King v.
Doufe.
7. A School being erected by the voluntary Contribution of the In-
habitants of A. on the Uajle of the Lord of the Manor, the Lord infeofTs
Tiulteesin Truft that the Inhabitants of A. may for ever have a School
&c. as of the Gift of the Lord. Whether the Truftees or the Inhabitants
are to nominate the Schoolmailer ? 2 Vern. 387. pi. 355. Mich. 1700.
Att. Gen. &c v. Hewer.
8. If a School be not a Free-School, the Inhabitants have no Right to
fue in the Attorney-General's Name; Per Ld. Wright. 2 Vern. 387. pL
355. Mich. 1700. Att. Gen. v. Hewer.
For more of School and Schoolmailer in General, See Jij)CO|)t&itiOlt,
and other Proper Tubs.
Scire
2 8o
;*" , »" * Scire facias.
judicial
Writ, and
properly
ties .tfter the ___
2e.tr and
Day tftet
Judgmtnt
ftMS (A) How it mult be.
beeau'e the
Word', of
the Writ to t nCIRE facias againfi A. who held 3 yfrw, and againfi B. who held
*iffbe Quod vJ 6 Acres, and againfi C. who held 2 .//en?* as icveral Tenants, and the
Sdfe fecias Perclofe in the Summons was by Joint Jl brds, as if they had been Jcintenants,
pnfat.'T. and therefore the Writ was challenged quod nota. Br. Scire facias, pi.
(being the 2Q1 c j tes 2 . £ , ^
Defendant) ^
Quod fit coram &c. oftenfurus ft nuid pro fe habeat aut dicere Sciat, quare &c. fo as by the W lit ap-
pears That the Defendant is to be warned to plead any Matter in Bar of Execution, and therefore al-
beit it be a Judicial Writ, yet becaufe the Defendant nwy thereon plead, this Scire facias is accounted
in Law to be in Nature of an Action. Co. Litt. 2yo. b. See (G) Execution (R. a)
2. In Scire facias the Writ was Cum J. N. rccuperaffet feijinam fuam
againfi fitch a one, and did not {ay by what Writ, and yet the \\ rit was ad-
judged good by Award, quod nota. Br. Scire facias, pi. 31. cites 44
£. 3. 11.
3. Scire facias by A. as Son of J. Daughter of A. and J. and Coufm
and Heir of them the [aid A. and j. &c. it /hail be intended here that J.
Father of A. is Dead ; For otherwiie he cannot be Coulin and Heir to A.
and J. Father and Mother of the laid. J. quod nota. Br. Scire lacias, pi.
233. cites 1 1 H. 6. 43.
12 Mod. 4. A Scire facias upon a Judgment againft the principal Defendant was
214 S. C. j n frac p ar t e . And Per Holt Cn. J. on Search or' Precedents, where it is
by Name of a ^ aiu p the Defendant himfclf, it lhould be In hac Parte, but where againfi
Goodwin, the Bail, it lhould be /// e> Parte, and this will reconcile the Precedents,
fays That 2 Salk. 599. pi. 5. Mich. 10 Will. 3. B. R. Lugg v. Goodwin.
Exception
â– was taken that whereas it was faid Petit Judicium pro rr.ifis &>Cuf!agih inh.tc P.rte that it fliould have
been in ea' Parte, but in hac Parte was held good Ld. Raym. 595. S C.
Carth. 105. 5. A Scire facias is a Judicial Writ, and mull ptirfue the Nature of the
S.C. ac- Judgment, fo that where the Judgment is Joint, theSci. fac. mull be io
cordmgly. J qq £ SaJk ^ pl ^ Tfin l w & M> R R p anton y HM
(B) Brought. /;; what Comity,
Br. Lieu, pl. i. QCIRE facias upon Recovery of an Annuity, or of Debt in Banco
60. citesS.C. \^ Jhall be brought in Middlefex ; For there is the Record, and the