Scire facias

A scire facias is a judicial writ used to enforce the execution of some matter of record on which it is usually founded; but though a judicial writ, or writ of execution, it is so far an original that the defendant may plead to it. As it discloses the facts on which it is founded, and requires an answer from the defendant, it is in the nature of a declaration, and the plea is properly to the writ.

Lat In practice. A judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record, or (in the case of a scire facias to repeal letters patent) why the record should not be annulled and vacated. 2 Archb. Pr. K. B. 86; Pub. St. Mass. p. 1295. The most common application of this writ is as a process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of the judgment, in which cases it is merely a continuation of the original action. It is used more rarely as a mode of proceeding against special bail on their recognizance, and as a means of repealing letters patent, in which cases it is an original proceeding. 2 Archb. Pr. K. B. 86. And see Knapp v. Thomas, 39 Ohio St 383, 48 Am. Rep. 462; Walker v. Wells, 17 Ga. 551, 63 Am. Dec. 252; Chestnut v. Chestnut, 77 III. 349; Lyon v Ford, 20 D. C. 535; Sinte Treasurer v. Foster, 7 Vt. 53; Lafayette County v. Won-derly, 92 Fed. 314, 34 C. C. A. 360 ; Hadaway v. Hynson, 89 Md. 305, 43 AU. 806.

— Scire facias ad audiendum errores. The name of a writ which ls sued out after the plaintiff in error has assigned his errors. Fitzh. Nat. Brev. 20.
—$cire facias ad disproban-dum debitum. The name of a writ in use in Pennsylvania, which lies by a defendant in foreign attachment against the plaintiff, in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the attachment, to disprove or avoid the debt recovered against him. Bouvier.

— Scire facias ad rebabeudam terram. A scire facias ad rehabendam terram lies to enable a judgment debtor to recover back his lands taken under an elegit when the jfudgment creditor has satisfied or been paid the amount of his judgment. Chit. 692 ; Fost. on Sci. Fa. 58.

— Scire facias for the crown. In English law. The summary proceeding by extent is only resorted to when a crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. In ordinary cases where a debt or duty appears by reconi to be owing to the crown, the process for the crown ls a writ of sei. fa. quare executionem non; but should the defendant become insolvent pending this writ, the crown may abandon the proceeding and resort to an extent. Wharton.

— Scire facias quare restitutionem non. This writ lies where execution on a judgment has been levied, but the money has not been pnid over to the i plaintiff, and the judgment is afterwanis reversed in error or on appeui ; in such a case a scire facias is necessary before a writ of restitution can issue. Chit. 582; Fost. on Sci. Fa. 64.

— Scire facias sur mortgage. A writ of scire facias issued upon the default of a mortgagor to make payments or observe conditions, requiring him to show cause why the mortgage should not be foreclosed, and the mortgaged property taken and sold in execution.

— Scire facias sur municipal claim. A writ of scire facias, authorized to be issued, in Pennsylvania, as a means of enforcing payment of a municipal claim (q. v.) out of the real estate upon which such claim ls a lien.