Scire Facias - Law Dictionary Search Results
Home Dictionary Name: scire faciasScire facias
Scire facias [Lat.] (that you cause to know), 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.The writ, though not abolished, is now out of use except in Crown Practice on the Revenue side of the King's Bench Division for recovery of Crown debts and also for rescinding Crown grants and charters, etc. Scire facias on recognizances and to repeal letters patent have been abolished: see as to patents, Patents and Designs Act, 1907. Formerly the issue of the writ was considered in some cases as an original proceeding; in others, interlocutory, and in the nature of process. Consult Hals. L.E., tit. 'Crown Practice.'A scire facias was formerly resorted to in Chancery suits, when they became abated; but this mode became superseded in practice by the order of revivor, which see....
scire facias
scire facias [Medieval Latin, you should cause to know] 1 : a judicial writ founded upon some matter of record and requiring the party proceeded against to show cause why the record should not be enforced (as by revival of the judgment), annulled, or vacated 2 : a legal proceeding instituted by a scire facias ...
Scire facias for the Crown
Scire facias for the Crown. The summary proceed-ing 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 record to be owing to the Crown, the process for the Crown is a writ of sci. fa. quae executionem non; but should the defendant become insolvent pend-ing this writ, the Crown may abandon the proceed-ing and resort to an extent. Consult Robertson on the Crown. See also AIR 1960 AP 123 (126)....
Scire feci
Scire feci, the sheriff's return on a scire facias, that he has caused notice to be given to the party against whom the writ was issued....
VerbarScire facias
A judicial writ founded upon some record and requiring the party proceeded against to show cause why the party bringing it should not have advantage of such record or as in the case of scire facias to repeal letters patent why the record should not be annulled or vacated...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
praecipe
praecipe also pre·ci·pe [pre-sə-pē, prē-] n [Medieval Latin precipe, legal writ commanding a person to do something or show cause why he or she should not, from Latin praecipe, imperative of praecipere to give rules or precepts, admonish, enjoin] : a written request for an action (as the issuing of a writ of execution) from a party to a clerk of a court or sometimes to a judge [filed a for the writ of scire facias] [shall issue upon of the plaintiff] NOTE: When addressed to a clerk, a praecipe is usually a request for some action that does not require immediate judicial review, such as the issuing of a subpoena or the preparing of a record for appellate review. When addressed to a judge, as for jury instructions in some jurisdictions, a praecipe is similar to a motion. A praecipe originally was a writ issued by the king to a sheriff, telling the sheriff to command someone to do something (as to release land being withheld from another). ...
sci. fa.
sci. fa. scire facias ...
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
Ex contractu
Ex contractu (from a contract). One of the greatest clauses of obligation from which a right of action accrues. The actions were: (1) account; (2) assumpsit, or promises; (3) covenant; (4) debt; (5) and perhaps, detinue; (6) scire facias, or revivor. See now ACTION....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial