fieri facias

The principle of the common law undoubtedly is, that no property but that in which the debtor has a legal title is liable to be taken by this execution; and, accordingly, it is well settled in the English Courts, that an equitable interest is not liable to execution.

(That you cause to be made.)

In practice. A writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the Judgment debtor.

— Fieri facias de bonis ecclesiasticis. When a sheriff to a common fi. fa. returns nulla bona, and that the defendant 4s a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis, addressed to the bishop of the diocese or to the archbishop, (during the vacancy of the bishop's see,) commanding him to make of the ecclesiastical goods and chattels belonging to the defendant within his diocese the sum therein mentioned. 2 Chit. Archb. Pr. (12th Ed.) 1062,

— Fieri facias de bonis testatoris. The writ issued on an ordinary judgment against an executor when sued for a debt due by his testator. If the sheriff returns to this writ nulla bona, and a devastavit, (q. v.,) the plaintiff may sue out a fieri factas de bonis propriis, under which the goods of the executor himself are seized. Sweet.

(That you cause to be made.)

In practice. A writ of execution commanding the sheriff te levy and make the amount of a judgment from the goods and chattels of the Judgment debtor, FIERI FACIAS DE BONIS ECCLE-

I. (That you cause to be made.) A writ of execution directing the sheriff to levy the amount of a judgment from the lands and goods of the defendant; it is usually enforced against the goods only; v. Elegit. Fieri feci: the return of the sheriff to d Lf.fa. that he has satisfied the judgment. Fieri non debet Bed factum valet: it ought not to be done; but, when done, it is valid.

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.