Scire facias generally, (continued).

Appearance, 835.

Declaration, 835.

Plea, 835.

Issue, 836.

Trial, 836.

Judgment, 836.

Costs, 836.

Execution, 837.

as against bail on a sci. fa., 639.

manner it must pursue judgment, 400, 401, 402.
Quashing scire facias, 837.

Amendment of, 837.

Second scire facias, 837.

Scire facias, to revive a judgment after a year and a day.

when necessary, 817.

not so for queen, 817.

nor where plaintiff unable to issue execution within the year, 817.
nor where writ of error brought, 818.

nor where dispensed with, 818.

nor where execution issued within the year, 818.

nor on judgment under 1 & 2 Vict. c. 110, s. 87, 818.

after seven years leave of court necessary, 818.

mode of proceeding on this writ, 829 to 833.
writ of error no bar to, 819.

consequence of omission, 819.

Scire facias, upon the death of parties.

Death after judgment and before execution, 819.
by and against whom to be issued, 820.
against personal representative, 820.
against heir and terre-tenants, 820, 821.
Death between verdict and judgment, 821.
before assizes or sittings, 822.

when entered, and leave to enter it nunc pro tunc, 822.
form of judgment, 823.

must be revived by sci. fa. before execution, 823.
Death between interlocutory and final judgment, 823.
form of the sci. fa., 823.

form of the judgment, 823.

sci fa. on the final judgment before execution, 823.
Death of one of several plaintiffs or defendants, 824.
Scire facias, upon the marriage of a feme plaintiff or defendant.
Marriage of a feme plaintiff, 824.

Of feme defendant, 825.

Scire facias, in case of bankruptcy or insolvency.

Of plaintiff, 825.

Of defendant, 826; under Lords' act, 826.

Not necessary in case of judgment under 1 & 2 Vict. c. 110, s. 87, 826.
Scire facias, on a judgment in debt on bond.

Form of, 827.

Proceedings on, 827.

Costs on, 827.

Scire facias, on a judgment quando &c., against an executor, 827.

That defects must be subsequent to the judgment, 828.

Recovery of part, 828.

The inquiry, 828.

Scire facias, in other cases.

Against bail, 828.

Against pledges in replevin, 828.

In ejectment in ordinary cases, 769.

Scire fieri inquiry, 882.

Scotland, peers of, when privileged from arrest, 465; bankrupt's certificate,
&c., in, no privilege from arrest, 470; affidavit to hold to bail sworn
there, 496; commissioners empowered to take affidavit in, 1216; property
in, not sufficient for bail to justify, 599; error from courts of, 352.
Sealer of the writs, 13; not to seal blank writs, &c., 13; sealing capias, 520;
altering and resealing writs, 1119.

Seamen. See "Sailors."

Second action, staying proceedings in, 990; after nonpros, 1056; after discon-
tinuance, 1059.

Second arrest, when allowed or not, 535, 1056.

Second deliverance, writ of, 799, 805, 806, 808; costs on, 808.

Second scire facias, 837.

Second trial, 1086, 1098. See "New Trial."

Secondary on the crown side, 13; of the Queen's Bench for registering of deeds
in Middlesex, 13.

Secondary evidence, 224. See "Evidence."

Security, for costs.

In what cases.

generally, 1012.

where defendant resides abroad, 1013.

in actions against peers, ambassadors, kings, &c., 1013.

in actions by infants or lunatics, 1013.

in ejectment, 1013.

in actions by bankrupt or insolvent, 1014.

in actions by felons, 1015.

in actions for benefit of, or instigated by third parties, 1015.

where name of third party used without consent, 1016.

in other cases, 1016.

fresh security, 1016.

How and at what time to be obtained, 1016, 1017.

affidavit for, 1017.

time for giving, 1018.

amount and sufficiency of, 1018.

time for pleading after, 1018, 156.

Discharge of security, 1018.

:

Security to plaintiff for defendant's putting in bail, 541; when bail-bond or
attachment ordered to stand as, 569.

Seduction, damages in action for, 326; new trial for excessive damages in,

1090.

Sentence of Admiralty, how proved, 221, 222.

Sequestrari facias, &c., 916; after outlawry, 933.

Serjeant, see" Counsel," when privileged from being held to bail, 467; change
of venue in action by, 959; exempt from being a juror, 303.

Servants of royal family, when privileged from arrest, 449, 464; of peers, 464,
449; of ambassadors, &c., 466, 449; service of declaration in ejectment on
a servant, 739.

Service of clerkship to attorney, 20.

Service.

Of writ of summons, 113.

Service, (continued).

Of writ of distringas, 131.

Of notices, &c., upon attornies, 52.
Of notice to produce, &c., 213.
Of rules generally, 1188.

Of summons or order, 1199.

Of rule for attachment, 1268.

Of notice of bail, 580.

Of notice of declaration, 141.

Of declaration in ejectment, 737.

Of rule or order to return writ, 550.

Of rule or order to bring in body, 554.

Sessions, attorney's bill for business at, must be delivered, 70; a practising
attorney cannot be clerk of peace, 48.

Set-off. plea of, 186; notice of set-off not now allowed, 186, n. (k); particulars
of, 1031; verdict how taken, in case of, 322; staying proceedings in action
brought for a claim set off in other action, 998.

Set-off, of one award or judgment of costs against another, 88, 459.

Set-off, of attorney, when available for him, 88; of agent, 45; attorney need
not deliver bill for purpose of, 75.

Setting aside, nonsuit, 313; proceedings against the sheriff, or on the bail-
bond, 564; see "Sheriff, proceedings against;" warrant of attorney or
judgment, &c., on, 689, 690; judgment by default, 703, 705; judgment
against casual ejector, 756, 747; award, 1239; plaintiff's own proceedings,
719.

Setting off judgments, costs, &c., 457. See "Judgments, setting off."
Setting aside proceedings for irregularity, 1042. See "Irregularity."
Several actions, staying proceedings in, 990, 756; consolidating, 756, 966.
Several counts, when allowed or not, 147; payment into court in case of, 971;
damages in case of, 324; when entire verdict and bad count, 324.

Several issues in law and fact, proceedings on, 661; judgment in demurrer in
case of, 666; new trial in case of several issues, 1096; costs in case of,
1154.

Several plaintiffs or defendants.

Statement of in affidavit of debt, 485, 494.

Statement of in writ, 106, 401.

Time to declare in case of, 138.

When plaintiff may declare against one of several only, 138.

Outlawry of one, 934.

Payment into court by one of, 972.

Delivering issue where several defendants, 203.

Notice of trial to, 208.

Notice of trial where one suffers judgment, 209.

Nonsuit where one suffers judgment, 313.

Verdict where several defendants, how to be given, 323, 701.

Severing damages in case of, 323.

Costs where one of several defendants acquitted, 1153.

Judgment by default by one, 701, 703.

Writ of inquiry in case of, 708.

Costs where several defendants in ejectment, 761.

Effect of death of one of, 762, 1172.

New trial in case of several defendants, 1099.

Contribution in case of, 323, 417.

Writ of error in case of, 348.

Writ of execution in case of, 401.

How far execution on one discharges rest, 417.

Judgment on warrant of attorney in case of death of one party, 688.
Sci. fa. in case of, 824.

Several plaintiffs or defendants, (continued).

Supersedeas of prisoner where several defendants, 866, 867.

Several pleas, when allowed, 172; costs on, 1154.

Several tenants, service, &c., of declaration in ejectment, in case of, 738.
Sewers, attorney privileged from acting as officer of, 47.

Sham pleas, 167.

Sheriff generally.
Sheriffs, 14.

Under-sheriff, 14.

Deputy of sheriff, 14.

Transfer to incoming sheriff, 14.

Blank, &c., warrants forbidden, 15.
Return of writs, 15.

Where rule expires in vacation, 16.

Return of habeas corpus, 16.

Bailiff not to take warrant of attorney except &c., 16.

Officer not to be attorney or bail, 16.

Sheriff's' officers not officers of court, 16.

Liability of for misconduct of officer, 16.

Delay, extortion by, &c., 16.

Stat. 7 W. 4 & 1 Vict. c. 55, regulating sheriffs' fees and giving a remedy

for extortion, 17.

what fees may be taken, 17, 18.

extortion summarily punishable, 17.

costs of complaint, 18.

complaint to be made before last day of next term, 18.

fees in Lancaster and Durham, 18.

Direction of writs to, 103, 508; where sheriff is a party, 508.

When bound to discharge defendant on bail tendered, 536, 539.

"Execution;"

Duty of, on taking a bail-bond, 536; when bound to assign bail-bond,
559; consequences of refusal, 559; how to assign, 559; effect of it,
560; action by him on bond, 560; how reimbursed if he have to
pay debt, &c., 574; amount of liability when he is fixed, 572.
Court will not relieve, when guilty of breach of duty, 572.
Award of venire, where sheriff' a party, &c., 1170, 305.
How to execute writs of execution generally, 407; see
how to execute, and duty, &c., on a fi. fa., 421; see "Fi. Fa.;"
on an elegit, 444; see "Elegit;" on a ca. sa., 451; see "Capias ad
Satisfaciendum;" his poundage and expenses on writ of execution,
414; payment to him under an execution, 415; acquires special
property in goods seized, 439; remedy against, for amount levied in
execution, 439.

Writ of inquiry executed before, &c., 707; see "Inquiry, writ of;" writ
of inquiry in debt on bond executed before, 723; new trial, where
under-sheriff was party's attorney, 1089.

Trial of actions not exceeding 201. before sheriff, 292. See "Trial."
His duties, &c. in replevin, 793; his liability in and proceedings against,
813.

Relief of, &c. in case of adverse claims, &c., 1005. See "Interpleader."
Sheriff, proceedings against in bailable actions.

Rule or order to return the writ.

In what cases, 547; action against for escape, 547, 454; attachment
against, 547, 549; Judge's order to return the writ, 547;
must be obtained without delay, 548; in what cases sheriff cannot
be compelled to return, 548; where arrest by special bailiff,
524; six months after expiration of office, 548; transfer of writs
to incoming sheriff, 14.

When and how obtained, 549; rule or order, 547; form of, 550.
Service of, 550.

Sheriff, proceedings against in bailable actions, (continued).

Rule or order to return the writ, (continued).

Return of, 550; at what time, 550; mode of proceeding on the
usual returns, 551; when defendant is sick, rescue, &c., 541;
where writ is lost, and defendant in custody, 541, 542.

Motion for attachment, 542.

Rule or order to bring in the body.

When and how obtained, 553; when sheriff has gone out of office,
554; service of, 554, 550.

How complied with, 554; in what time, 554; the sheriff must, in
general, bring in defendant or perfect special bail, 554; sheriff
not obliged to bring defendant actually into court, 555.

Motion for the attachment, 555.

The attachment, 556; how sued out and prosecuted, 556, 557.
Amount of liability of sheriff, 558, 572.

Setting aside or staying proceedings against sheriff or upon the bail-bond.
For irregularity.

in proceedings relative to bail, 564.

where arrest made by special bailiff, 564, 524, 547.

in assignment of, or action on bail-bond, 564.

after assignment of bail-bond, 565, 548, 559, 561.
where writ is void, 565.

application must be made in reasonable time, 565.
how made, 565.

For other causes.

mistake of defendant, &c., 566.

giving time to defendant, 566.

bad faith, 566.

delay in proceedings against sheriff, 567.

delay in, against bail, 567.

injunction, 567.

death of defendant, 567.

of plaintiff, 568.

bankruptcy of defendant, 568.

where defendant expelled under alien act, 568.
plaintiff's attorney uncertificated, 568.

where two writs are issued, 568.

bail need not be put in before moving, 568.

Staying regular proceedings upon payment of costs.

Terms on which regular proceedings will be stayed under 2 W. 4,
c. 39, 569.

under 1 & 2 Vict. c. 110, s. 7, 569.

affidavit of merits, when application made by defendant, 569.
affidavit on application by bail or sheriff, 579.

application how made, 571.

when made, 571.

what pleas allowed after, 571.

sheriff not relieved if guilty of misconduct, 571.

remedy of sheriff when attachment not set aside, 572.

remedy of bail when proceedings on bail-bond not set aside,

572.

Sheriff, proceedings against in replevin, 813. See "Replevin."
Sheriff, proceedings against upon a scire facias, 829.

Sheriff, action against.

For escape, 544.

For false return, 543.

For false imprisonment, 543.

For not returning writ or not assigning bond, 549.
For amount levied in execution, 439.