Fieri Facias

Lat. (You cause to be made.) In practice. A writ of execution, (usually termed for brevity,^. /a. /) commanding the officer to whom it is directed that he cause to be made of the party's goods and chattels or real estate, (that is, to obtain by a levy and sale of them,) the amount specified in the writ, and that he have it in court on the return day.

8 Bl. Com. 417. 3 Steph. Com, 649. 2 Tidd*s Pract. 993, 998.

The name of this important writ is derived from its two emphatic words, as distinguished in the form given infra.

Co. Litt, 290 b. 3 Bl. Com. 417.

It is supposed by Mr. Reeves to have obtained both its name and existence from the words of the statute of Westminster 2, chap. 18; quod vicecomes fieri faciat de terris et catallis.

2 Reeves' Hist. E, Law, 187.

The general opinion however has been that it was a common law execution. Id. ibid. hote.

2 Tidi Ti Pr. 998.

In modem English practice, the Ji. fa. issues against goods and chattels only, and it seems to be supposed in the books that the ancient writ was restricted in the same way. But the forms in the Register are all de terris et cataU lis, thus: Bex vie, salutem: Pracipimus tibi quod de terris et catallis T, de S. in halliva tua, FIERI FACIAS decem libras, et illas habeas coram justitiariis nostris apud W., in octavis Sancti Hilarii^ ad reddendum T, de B., qu<B et in eadem curia nostra adjudieat€B faerunt, pro damnis ipsiusquoB habuit occasione cujusdam transgressionis, dbc. Ei habeas ibi tunc hoc breve.

Teste, dhc, Reg. Jud, 18 b.

See Bract, fol.

312 b.

In American practice, the fi. fa. is usually directed to be executed in the first instance against the goods and chattels of the party named, and, failing those, against his real estate.