Matter is not local, thtf the Grant or theContracJ was in another County.
Br. Scire facias, pl. 189. cites 18 E. 4. 18.
2. But upon Recovery of Laud, or Damage for fort in Land, the Scire
facias (hall be brought in the Canty where the Land is ; lor thole are Lo-
cal. Note the Dinercnce. Br. Scire facias, pl. 189. cites 18 E. 4. 18.
, â– , . . !â– â– â– â– â– â– . â€” â€” -â– â€” â– â– â– â€” â– â– â– ' " - â€” â– - â€” ' I , H I . ... , ..â– â– â– â– \i I â€” .â€” . .â– !.._. 7
Scire facias. 281
Â» â€” â€” â€” : . â– r â€” â€”
3. Debt was brought in Loudon againjl an Executor, who pleaded Pler.e
admimjiravit, which was found Jor the Plaintiff., who aj/igned the Judg-
ment to the J^ueen, and thereupon a Sci. fac. ijjktd out of the Exchequer a-
gainft the Defendant into the County of D. upon a Cvnjlat that he had certain
Goods there. The SHefiff returned Nulla* Bona. It was agreed by all the
Barons, That a Scire facias may ilfue out of another Court, than where
the Record or the judgment remained, and into another County, than
where the Writ is brought, or the Party is dwelling. 2 Le.67. pi. 90.
Trim 31 Eliz. Noon's Cafe.
4. The Scire Facias ought always to pur fife the fir Jl Ac! ion, as where Jenk.291.pl.
' was brought in Cumberland, and the Defendant fuflered Judgment h z ' S ' C ' â€”
C nfejjion in ALddkfex, and died; Scire Facias againlt the Executor p/gg ^? 5-
as biought in Middlefex, and Judgment there ghen lor the Plaintiff, but notS?P.
whereas it JhouJd have been brought in Cumberland, where the Original was - â€” Itmuft
brought, and therelore the judgment in the Scire Facias was reverfed. ? lwa ^ hl r
Cro. J. 331. pi. 13. Mich. 11 Jac. in the Exchequer Chamber Wharton th^ffml
V. Muigrave. County
fir ft Aft ion was laid. Hob. 4. pi. 7. S C. Yelv. 21S gl^ufgfate t). Â©lljarfcri S. C. Hill. 9 J ac .
B R But becaufe the Defendant, who was filed as Adminiftrator of him agamft whom the Judgment
was recovered, had pleaded Plene Adminiftr.ivit, which he fhould not have done, becaule thereby he
admitted the Scire Facias good, whereas he j): mid have pleaded in Abatement of it, hy Jbew/ing the fir Jl J c -
thn to have teen hroael t in the County of Cumberland, for that Reafon the Court gave Judgment there for
the Plaintiff: but adviled the Defendant to bring Error, and fhew'd their Opinions clearly that it would
be Error ; becaule now after Judgment in the Sci. Fa. the firlt Judgment, and this Execution upon the
Sci. Fa. make but one Record, of which the Judges in the Exchequer Chamber ought to take Notice.
The Reporter fays. Quod Now, a good Caic of Experience.
An Action of Debt on the Original Judgment, or upon a Recognizance, may be laid in any County
but a Sci. Fa. mull al ways go in that County inhere the Execution on the Original Judgment fl'ould be made,
8 Mod. 73. Pafch. 8 Geo. 1723. Anon.
5. In Debt on a Recognizance taken before Hobart Ch. J. at Serjeant's Brownl. 69.
jnn, Fleet-Jfreet , London, and entered on the Roll in C. B. in Middlefex s?'Â£ but . the
The Aftion was brought in London. Per three Jultices, contra Winch. Deb't^no-"^
A Scire Facias may be brought in any County. Mo. 883. pi. 1241. Mich, thing' is faid
1$ Jac. Hall v. Wingheld. as to the
Point of the
Sci. Fa. unlefs by Hutton Serjeant. Arg Hob. 19?, 196". pi. 248. S. C. and there Hobart Ch. J.
cites 5 Mar. Br. Lieu, pi. 85. Where it is refolved by all the Prothonotaries, that a Sci. Fa. upon inch.
a Recognizance, fhall be directed to the Sheriff of London, and not of Middlefex. And Gager cited
a Precedent, that upon a Judgment given in C. B. at Hertford Town, and the Records brought hither
after ; yet the Sci Fa went to the Sheriff of Hertford, and not to the Sheriff of Middlefex, whereof
the Reafon muft be, becaufe in the Record it felf it appeared, that the Judgment was given at Hert-
ford ; and the like R'e.i r on is in this Cafe. But if the Entry of the Records were General, that the Re-
cognizances were taken before me, it fhould be underftood in Court, and then the Action was to be
brought in Middlefex. Cites 18 E. 4. 18. 24 E. 3. 22. 73. 22 H. 6. 38. Br. Lieu. 29. 36. and
. In fuch a Cafe, The Court held that it was at the Election of the Recognifee to bring his Sci. Fac.
either in London, where the Recognizance was acknowledged, or in Middlefex, where it was deliver'd
and inroH'd. But adjourned. Afterwards, viz. Pafch 23 Car. the Court held, That the Scire Facias.
ought to be where tie Recognizance is taken, and not where it is recorded; for there it begins to be a Re-
cord ; but this being in C. B. it was good both Ways, and thereupon the Party had his Judgment. Style.
9. Pafch. 2; Car. Andrew's Cafe.â€” Error was brought in B. R. and Igatl ailD (BiincfciU'lD'jB (Lafg
Hob. 195. was cited, and the Cafe was much debated ; And Roll. (Bacon abfent) faid, That the molt
ancient and proper Courie was to bring the Sci. Fa. where the Recognizance was taken ; but he fhewed
in his Hand a Certificate of all the Prothonotaries of C. B. that of latter Times they have allowed it
the one Hay or the other, and lb the Judgment was affirmed. And Pafch 20 Jac. Rot. 210. B. R. be-
tween jolting ailD Jfairtbatlft, the like Judgment was given upon a Recognizance taken before one
of the Judges of this Court in London, and a Sci. Fa. brought in Middlefex; but it was faid, that the
tifual Entry in this Court, is to exprefs before what Judge it was taken, but no Pla
be brought in Middlelex without Queftion. All. 12, 13. Pafch. 22 Car B. R. Andrews v Harborn â– .
S P. But if the Recognizance be not inrolled, then it lies in London only. 8 Mod. 290. Trin. 10 Geo.
Palmer v, By field.
4 C (C) In
(C) In Lieu of Refummons &c.
Parol is put without Day by Denufe of the King before the Day in
Bank ; there the Defendant lhall caule the Record to be certified in
Bank, and lhall have Scire Facias againlt the Flaintiff to ha\e Judgment
againll him, Et lie de Similibus ; For he cannot have Re-attachment nor
Refummons inafmuch as he is Defendant ; By lbme ol the King's Bench.
Br Scire Facias, pi. 181. cites 10 E. 4. 13.
Br Refom- 2 - * n R- e pl CVi ' l i tn - e y were ** W lie -> anc ^ a ^ er tne P ar Â°l VOS without Day
mqns p] 2.6. by Demife of the King ; and per tot. Cur. the Defendant lhall have be; re
cites S. C. Facias in Lieu ol" Refummons to revive the llfue ; and fb may beGar-
nilhee alter fuch lliue. Br Scire Facias, pi. 195. cites 10 E. 4. 15.
3. So where two bring fever al Writs of Ward, by which they enterplead,
there the lafi Plaintiff Jl.all have Scire Facias. Br. Scire Facias, pj.
195. cites 10 E. 4. 15.
4. So for the Defendant in Jditare Impedit. Br. Scire Facias, pi. 195.
cites 10 E. 4. 15.
mons, pi. 16.
cites S. C.
mors, pi. 2.6
cites S C.
tachment, pi non negatur.
S. C. Br. Refummons, pi. 26 cites S. C.
5. Contra in Appeal ; For there the Defendant is not to recover ; Quod
Br. Scire Facias, pi. 195. cites 10 E. 4. 15.
6. Scire facias was fued in Lieu of Re-attachment after the Plea was
Keiommons ^ Ht ji ne Â£) le by Demife of the King; and this tor the Defendant to have
ro&V'iT. Judgment. Br. Scire tacias, pi. n
lhall have Scire facias for the Mifchief, to have Return : And fb in Qunre Impedit ; for each is Be-
come ABor againft the other. Brooke fays, And fo it feems that where the Defendant is become A&orj
or is in a Calc to recover nothing againlt the Plaintiff", that he fliall have Scire facias in this Cafe.
7. In Account, if the Defendant is awarded to Account, and after the
King dies, and the Parol is without Day, the Plaintiff lhall have Scire
facias, and Habeas Corpora againlt the Jurors, to revise the llfue
which was joined before the Demife of the King. Br. Scire facias, pi,
197. cites 1 H. 7. 1.
(D) Lies for what.
He who is
Debt or Da-
CIRE facias was brought where the Plaintiff had dijl rained for
nt, and made Avowry, and had Judgment to have Return in the
Replevin, and the Arrearages were 40 /. of which he brought Scire facias to
have Execution ; and becaufe the Judgment is no more but to have Re-
turn, and not to recover any Rent, therefore by Award he took no-
thing by his Writ. Br. Scire tacias, pi. 99. cites 21 E. 3. 21.
2. In Trefpafs the Defendant was condemned, and Capias ad Satisfa-
ciendum aw arded, and after Exigent he rendered himfelf, and pleaded Re-
leafe of the Plaintiff, and prafd Scire facias ad Cognofcendum J ail um, and
had it : And it was laid per Cur. That if the Plaintiff" be warn'd there-
tipon, and does not come, the Defendanc fhall go quit. Br. Scire fa- a nd Capias
cias, pi. 155- cites 22 Alf 91. adSatufx-
' r J-/ cienditm is
iffued againfi him, yet if he be not ready he fhall not have Scire facias ad Cognofcend. fa&um ; for
he fhall not have Scire facias, unlefs he be in Perlbn. Per Cur. Br. Scire facias, pi. 170. cites 2
E. 4. 24.
3. A Man may have Scire facias of an Advowfon, and alio a Ceflavit B . r - Scire fa -
&c Quaere inde ; ibr Praecipe quod reddat does not lie of an Advow- C1 . as > p '- 3, lS '
fon, and yet it is permitted in Common Recoveries for Aifurances. Br. f"" Now'â€” â–
Scire facias, pi. 26. cites 43 E. 3. 15. Br. Quare
Imped it, pi;
30. cites 42 E. 3. 1 5 [but it fhould be 43 E. 3. 1 5. and fo are the other Editions..!
4. Scire facias lies upon Offices found for the King, and againfl Patentees
of the King, and againlt the Committee of the King, and againfl the Oc-
cupiers of the Lands. Br. Scire facias, pi. 227. cites 10 H. 4. 2. and
Fuzh. Travel fe 50.
5. Scire facias lies of Common, or Corody upon Fines levied of them;
Per Afhton J. quod non iiait contradictum in Entry in Nature of Alfife
in Fine. Br. Scire facias, pi. 171. cites 4 E. 4. 2.
6. It was doubted" where Information is, that J. S. is faffing into ano- Br. Surrmfej
ther Land with Plate or Money, if Scire facias ihall ilfue againlt him, or P l * s - clte s
not ; And the belt Opinion was, that it fhail not. Br. Scire facias, pi. ' '
169. cites L. 5 E. 4. 1.
7. Where the Jurors in Appeal acquit the Defendant, and the Plaintiff
is not fufficient to render Damages, and finds Abettors, Scire facias pail
tffae againfl the Abettors to render Damages. Br. Scire facias, pi. 239.
cites F.N. B. 114.
8. Scire facias to have Livery out of the Hands of the King, where one
was found Heir by one Office, and another by another Office. Br. Scire
facias, pi. 239. cites F.N.B. 160, 161.
9. A Writ of Error was brought in the Exchequer-Chamber of a
judgment in B. R. and the Judgment was affirmed; a Scire facias will
not lie for Cofrs without ihewing, That the Judgment was affirmed in Cam.
Scacc. 8 Mod. 73, 74. Pafch. 8 Geo. 1723. Anon.
(E) Lies ufon what Suggejlion or Surmife.
1. TF a Man leafs Land for Life, the Remainder over in Fee, and the
Tenant for Term of Life dies, and a Stranger intrudes, he in the Re-
mainder in Fee may have Scire facias ; quod nota, upon naked Matter in
FaÂ£t. Br. Scire facias, pi. 238. cites 6E. 2. F.N. B. tit. Intrulion.
2. If the Demandant recovers in Formedon, and after Land defends where Brooke fays*
the A nceltor warranted the Land recovered before, there the Tenant J^ ( ^ ems
lhall have Proccis to recover the Land descended after : Per Fincii. Br. s Â° cir g ff L - ns;
Scire facias, pi. 17. cites 40 E. 3. 26. For fo is
11 H. 4. 21.
Per Hank. And fee 4H. 6. 4. a Difference where the Demandant recovers, and where the Plaintiff is barr'dt
As in Debt upon Riens inter mains pleaded by Executors, and the Flalntiff is barred, and Jffets comes after t
there he fhall not have Scire Facus. Per Cur. For this Judgment annuls the Record, but in Formedon
Tudgment is for the Demandant ; therefore there remains a Record. Note the Difference. Br. Scire
facias, pi. 17. cites 40 E. 3. 26.
3. Scire facias fhall lie upon Marter of Record and a!fb upon Suggejlion It doesmtlli
upon Matter certain, but not upon Matter which is uncertain. Br. Scire fa- *??* s " rm 'f i
in â€¢ IT , _ only, btii up, n
Cias, pi. 8. Cites 27 H. 6. 7. Matter Of Re-
cord and Sur-
mife, it lies well ; qUod nota. Br. Scire facias, pi. 1 iS. cites 14 H. 7. 7.
4. In Ci (tnctry; it the Heir furmifes, That his Mother has more in Dower
than /he ought, he ihall have Scire facias upon this Suggeftion. Per For-
fcue &c. Br. Scire tacias, pi. 8. cites 27 H. 6. 7.
5. And Per Prifor. It' the Heir be -vouched in Dower in the fame County,
and the Femt recovers againji the Heir, if he has, and if not again/1 the
Tenant, and he over in Value, (he takes Execution againji the Heir, and alter
;/ is Land is devejfcd out of his Poffcffion by elder Title ; now Ihe ihall fur-
mife this Matter, and that the Heir has no more by the fame Anceitor by
Pefcent within the fame County, and pray Scire facias againlt the firlt
Tenant, and fhall have ic upon this Surmife and Matter of Record, as in
the Cale of Dower before. Br. Scire facias, pi. 8. cites 27 H. 6. 7.
6. So where a Man has Verditi or Judgment, and after releafes, the De-
fendant (hall have Scire facias ad Cognojcend' FacJum. Br. Scire tacias,
pi. 8. cites 27 H. 6. 7.
7. Where Fully adminijler'd, in Debt againft Executors, is found with
them, and after A/fets comes to their Hands, the Plaintiff upon Surmife
fhall have Scire tacias out of the lirll Record to have Execution of thofe
Goods. Br. Scire facias, pi. 12. cites 33 H. 6. 24.
tors, pi. tS.
scc(B)pi.5. (F) Brought in what Court, or out of what Court it
1. TT was ordered, [in Chancery'] That the Plaintiff might take out
j^ Scire facias againlt the Defendantyor not faying of Money according
to an Order, in 12 Be 13 Eliz. Li. A. to. 162. Toih. 272. Broughton
v. Vicecom' Bindon.
Built. 14*. 2 - The Debtor being in Execution in the Alarpalfea upon a Judgment
Trin. 9 Jac. in B. R. removed himfelj by Habeas Corpus into Chancery, and [0 was com-
but not nutted to the Fleet, and then got a forged Relcafe of the Execution, and
brought an Audita .Querela, and a Scire facias returnable in the Court of
Chancery. And Williams J. laid, (to which the whole Court agreed)
That there is no Precedent that on a Judgment in any of the King's
Courts an Audita Querela lhould lie and a Scire facias thereupon re-
turnable in Chancery, nor any where but only in the fame Court where
the Judgment was given, who belt know the Proceedings in the lame
Caule j But otherwife, had the Judgment been upon a Recognizance, or
on a Statute Merchant or Staple ; For in fuch Cafe it might be return-
able in Chancery, becaufe the Recognizance is before that Court, who
are Judges of it. 2 Bulft. 10. Mich. 10 Jac. Scriven v. Wright.
3. Judgment was given in Debt in the Grand SeJJions in Wales againji
one -who lived there, and died afterwards inteflate. jF. S. who dwelt in Lon-
don, took out Letters of Adminifiration. The Queftion was, Whether the
Record might be removed into the Chancery by Certiorari, and fent from
thence by Mittimus into B. R. or C. B. in order to have a Scire facias
to make the Lands in Wales, or Goods in the Hands of the Admini-
ftrator liable to the Judgment there. And all the Juftices and Barons
being allembled conceived, That it could not; For Scire facias lies in no
Court but where the Judgment was given. And otherwife all Judgments
in London and inlerior Corporations would be executed here, which
would be very inconvenient to make Lands or Perfons liable in other
Manner than they were at the Time of the Judgments. Cro. C. 34.
pi. 7. Palch. 2 Car. Anon.
(G) Proceedings and Vkadhigs. Scc(A)â€” .
I, TN Scire facias lbs Defendant faid, 'that the Plaintiff was tenant of the
J$L teiienients the Bay of the Writ piircbafed, and yd is, Judgment of
the Writ. And it was held a good Plea, and not a Nontenure; For the
Plaintiff cannot have Execution againft himielf: And alio if" the Plain-
tiff diifeifes the Tenant, and now has Execution, it will be hard for the
Tenant to have Affile againft the Plaintiff contrary to his Judgment
Br. Scire facias, pi. 137. cites 39 E. 3. 23.
2. In Scire facias of Land, if the Tenant makes Default after Appear- Br. Procefs,
ance Petit Cape fhall iffue ; And fo it was admitted in a Scire facias P' 1 59- citcS
â€¢without Queftion made. Br. Scire facias, pi. 230. cites 42 E. 3. 2.
3. In Scire facias, if the Sheriff returns that the Party is wam'd, and
does not come, Execution fhall be awarded ; quod nota. Br. Scire fa-
cias, pi. 23. cites 43 E. 3. 13.
4. Scire facias upon a Recovery of Land ; the tenant [aid, that after Where a
the Recovery the Plaintiff' entered ; Judgment if at another time Execution Sc ' re fac i 3S
ought he to' have. Parle laid he had nothing after the Judgment ; Prill; ^mE^ 1 *
and the others econtra. Brooke fays, And lb it feerns that the Entry of ditim of a '
him who recovers is good within the Y"ear, and after the Year, and up- Judgment m
on the Heir of him who is in by Dtfcent irom him who loft, and againft '^M e > of
his Feoffee, if no Releafe be made &c. after the Recovery, and before jf ndsand
, â€ž it a â€¢ i- â€¢ 1 â€¢ r- J ' Damages
the Entry. Br. Scire facias, pi. 52. cites 49 E. 2. 23. &c the Dc-
f leaded an Entry by the Phintiff into the Land Mefnt between the Ferdicl and the Judgment by which
he was feifed in hisDemefne, as of Fee &c. Judgment of the Writ Upon Demurrer the Oninion of
the Court was, That it was no Plea ; but the Reporter fays, Quaere if the Plea had been, Arid yet is
feifeJSic. which amounts to a Nontenure. D. 437. pi. 42. Hill. 6 Elii. Burlace v. Ward.
. 5. In Scire facias againft feveral Tenants, if the Writ be, that A. and
t. entered into the Manors of S. and D. and held them feverally, it is ill ;
'but if it be that A. entered into the Manor of D. and T. into "the Manor of
S. and held them fever ally, it is good, by Judgment. Br. Brief, pi. 423.
cites 11 H. 4. 15.
6. Where two bring Scire facias, and the one will not fue, Summons ad I" Scire &*
fequendum fimul fhall ilfue, and not Scire facias ad fequendum limul. c ' sas fy'vÂ°,
Br. Procefs, pi. 38. cites 12 H.4. 3. â„¢ s ^
1 r J > J not fue ; and
it was held
that Procefs may be made by Summons ad fecjuendum fimul ; and by fome it fhall be by Scire faci.u ad fe-
tjuendum fimul ; but the better Party held that it fhall be Scire facias, and not by Summons. Br. Pro-
cefs, pi. 108. cites 6"H. 7. 12.
7. A Releafe of all Aclions is a good Bar of Scire facias. Co. Litt.
8. "5b a Releafe of Executions is a good Bar in a Scire facias. Co. Litt.
9. Upon a Rule of Court to fhew Caufe why a Scire facias to revive a-
Judgment 9 was not good, this was offered for Caufe, That it doth not
fhew before whom the Judgment was given , which was to be revived by
the Scire facias, and confequently there appears no Judgment to war-
rant the Scire facias. To this Roll J. anlwered, That in C. B. the
Courfe is to fet forth before whom the Judgment is given, but m B. R. the
Courfe is net fo; but ask'd how the Record comes hither? The Counfel
anfwered, That there was a Judgment in Canterbury, and upon that a
Writ of Error was brought in this Court, and the Judgment affirm'd up-
on that Writ of Error, and then a Scire facias ilfued out here upon the
Judgment againft the Bail, and upon this the Bail moves upon the Re-
4 D cord.
286 Scire facias.
cord, that there is Error in the Scire facias. Roll J laid, The Record
is well enough ; in a Scire facias it is not requijite to fay Conftderatutn efi
â– per Curiam; therelore let the Scire facias ltand. Sty. 72. .Mich. 23 Car.
B. R. Cheevefs Cafe.
nSalk. <;oo. 10. It is the conibint Practice of B. R. to fue both the Scire facias's at
p|. 4. Trin. mce j n Repaid that there ouiiht to be a ///// 'Time between the Date of the
h v> â– â€¢> 2 d Scire facias, and the Return ol it ; and in C. B. there is but one Scire
Notice of facias, except in the Cafe of an Executor. Skin. 633. Hill. 7 \Y\ 3.
this Practice B. R. Barney v. Hardilty.
in B. R. that
% Scire facias's and 2 Nihils, are returned, and that heretofore both were fued out together by making
t he Tefte of the 2d, as if the id were returned ; but now the Giurt made a Kule that both fhould nor
be fued out together, but the lit fhould be dulv returned before the 2d ihould be fuedout, and that the
;d fhould be tcftcd the Day of the Return of the firft.
Ld Raym. T 1. Where a Scire fircias is brought in B. R. upon a Judgment in an In-
Rep. 21X. ferior Court, it mti ft appear in the Writ itfelj how the judgment came into
Hardr's'c &â€¢ R- C v * a whether by Certiorari, or by Writ of Erro; , becaufe the Exe-
accordingly/ tufioft is different; lor if it came in by Certiorari, the Scire lacias mull
the 2d Re- fet forth the Limits of the Inferior Jurifdiction, and pray Execution
folution within thofe particular Limits, and alio that the Judgment came in by
Certiorari ; but if it came in by Writ of Error, that mull be lhewn in
the Scire lacias itfell likevvife, and pray Execution generally. 3 Salk.
320. pi. 5. Pafeh 9 W. 3. B. R. Guillamv. Hardilty.
Ld Raym. 12. And whereas the Scire facias in the Principal Cafe recited the Judg-
Rep. 216. mait j n tne j n t er ior Court, Sic ttt per infpecJiouem Recordi nobis conjlat, ic
cordingry was * or tnat ^ ca fÂ° n ill ; fÂ° r lt ought to be Sicut patet per Recordum, be-
thc 5dÂ°Re- caufe if the Defendant fiiould plead Nul tiel Record, it mult be tried
Iblution.â€” by the Record itfelf, and not by Infpeclion; fo this Scire lacias was
M lt h sw Â°l uamed - Per Holt Ch. Jult. and the Court. 3 Salk. 320. pi. 5. Guil-
, g ft ' lam v. Hardilly.
Harnage, S. C. And it was Error of a Judgment in the Court of Mr. .Tialfea, and afterwards a Scire fa-
cias was brought againlt the Bail, wherein it was recited that the Judgment was in the Marfhalfea
Court, Â£h:od quiiem Reccrdum ccrlis de C.rufis coram nobis Venire lecimus ; and upon Motion this Writ was
quafh'd, becaufe by the Form of it, vii. Certis d; Can/it, the Record wis removed by Certiorari, and
they fhall not make Ufe of this Court to execute the Judgments of other Courts, unlcfs they are af-
firm'd there ot a Writ of Error ; wherefore the Plaintiff brought a new Writ of Scire facias, altho' the
Writ was, That the Record came hitler by Writ of Error, but then the Scire facias fhould recite thus,
(.viz.) 9uod (juidem Reccrdum coram r.obii cauja Errcrii corrigend. Venire fecimus.
13. Judgment againlt (metal Defendants, and a Capias and a Cepi Cor-
pus returned as to one ; then another ol Delendants dies, and he that was
in Execution efcaped, and a Scire lacias againlt the Survivor, the Tertc-
nants of the deceafed, and him that had efcaped : And per Cur. It may well
be ; but firft the Scire facias ought to ftiggeft that he had efcaped. And
2dly, It ought to be De Tei-ris & Tenementis of the Tertenants of the de-
ceafed, arid de Terris & Tenementis & Bonis & Catallis of the Survi-
vors. 12 Mod. 254. Mich. 10 W. 3. Anon.
14. There is this Diverjity between a Scire facias upon Judgment in
Debt, and in EjefJment i for in the lalt the Party may controvert the Ori*
ginal Title. Per Cur. 12 Mod 499. Pafch. 13 W. 3. Anon, cites it as in
the Cafe of Proctor v. Johnfon.
15. It was moved to have Oyer of a Scire facias ; but it appearing that
it was taken out to afftgn Errors, the Court laid they do grant this Motion
in Scire facias's againlt Bail, and to revive a Judgment, but here they
could not do it. Barnard. Rep. in B. R. 98. Mich. 2 Geo. 2. 1728. Ful-
ler v. Barnes.
16. On Motion for the Mailer's Report of the Irregularity of a
Scire lacias upon a Judgment, he faid the Cafe was, That an Executrix
who was the Defendant, gave a Letter of Attorney to vonfefs a Judgment to
the Plaintiff j this Judgment was accordingly jign'd, but never entered up-
m Record , yet afterwards the Defendant pleaded it in Bar of another Ac*
tion. And now a Scire facias being taken upon it, the Queltion was,
Whether it was regular? Mr. Fazakerly obje6ted, That it was; for the
Court has a Power to give the Plaintiff Leave to enter it up Nunc pro
tunc; and he faid they would do that, becaufe the Defendant has al-
ready taken Advantage of it. But the Court obferved, That the prefent