CHAPTER III. SCIRE FACIAS (α). SECT. I. To revive a Judgment after a Year and a Day, 457 to 473. II. Upon the Death of Parties after final Judgment, and before Execution, 474 to 487. III. Upon the Death of Parties after Verdict, and before Judgment, 487. IV. Upon the Death of Parties between interlocutory and before final V. Upon the Death of one of several Parties, 491 to 493. VII. In case of Bankruptcy, 494, 495. SECT. I. SCIRE FACIAS TO Revive a JudgmENT AFTER A YEAR AND A DAY. B. 1. Rule for Scire facias on Judgment, above Seven and under Ten Years old. the day of It is ordered, that the queen's writ of scire facias be issued forth, Y. upon a judgment obtained by the plaintiff against the defendant, in term, in the year of our Lord D. and entered on record in this court of the same day, for £- [debt and £-] damages. Side Bar. By the Court. [See 2 Chit. Ar. Pr. 831.] 2. Affidavit for leave to sue out Writ on a Judgment above Ten and under Twenty Years old. In the Q. B. [or " C. P." or " Exch. of Pleas."] A. B. of that in Between A. B. plaintiff and C. D. defendant. the above-named plaintiff, maketh oath and saith, term, in the year of our Lord this deponent recovered a (a) As to the forms in Scire Facias on a judgment after error brought, see ante, 124. On a judgment in debt on bond, see ante, 353. On a judg X ment quando, &c. against an executor, &c. see post. Against bail, see ante, 274 to 286, 291. debt and judgment of this honourable court in this action against the above-named C. D. for £damages [or in assumpsit, covenant, case, or trespass, say "for £― damages"], and that the said judgment still remains wholly unpaid and unsatisfied, [or if part of it has been paid, say "and that the sum of £- part thereof, still remains wholly due, unpaid, and unsatisfied,"] and the said judgment remains in full force, and execution thereof still remains to be made to him: And this deponent further saith, that [&c. here state any other matter to induce the court or judge to grant the rule or order.] B. [See 2 Chit. Ar. Pr. 831, 832.] 3. Rule thereon. On the day of A.D. It is ordered, that a writ of our lady the queen of scire facias V. be issued against the defendant, upon a judgment obtained by the D. plaintiff in term, in the year of our Lord and entered on record of the same day, for £- damages [or if in debt, say "£ debt and £ dainages."] But no execution shall be issued thereupon, unless the sheriff shall return on the said writ, that he hath made known to the said defendant, according to the tenor thereof, or an affidavit shall be made in writing, that personal notice of the said writ having been prosecuted, hath been given to the said defendant. On the motion of Mr. for the plaintiff. By the Court. [If the judgment be more than fifteen years old, there must be a rule to show cause. See 2 Chit. Ar. Pr. 831.] 4. Præcipe for the Writ. (to wit). Scire facias to [revive] for A. B. against C. D. for £-- damages [or if in debt, “£-- debt and £- damages;" or in ejectment, "for his possession of his farm"], returnable on ——. P. A. attorney, 1840. [See 2 Chit. Ar. Pr. 832.] 5. Scire Facias to revive a Judgment in Debt for Plaintiff, after a Year. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of ——, greeting: Whereas A. B. lately in our court before us at Westminster, [or in C. P. "in our court of the Bench at Westminster, before ——, chief justice, and his companions, our justices of the said Bench," or in Erch. "in our court before the barons of our Exchequer at Westminster,"] by the judgment of the same court, recovered against C. D. as well a certain debt off as also £-- which in our same court were awarded to the said A. B. for his damages which he sustained, as well by reason of detaining the said debt as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as by the record and proceedings thereof still remaining in our same court manifestly appears [or in Exch. "whereof the said C. D. is convicted, as by inspecting the rolls of the said Exchequer appears to us."]† And now, on behalf of the said A. B. in our same court, we are informed, that although judgment be thereupon given, yet execution of the debt and damages aforesaid still remains to be made to him; wherefore the said A. B. hath humbly besought us to provide him a proper remedy in this behalf; and we, being willing that what is just in this behalf should be done, [or in C. P. or in Exch. "that those things which in our same court are rightly done should be duly carried into execution, and that what is just in this behalf should be done,"] command you, that by honest and lawful men of your bailiwick you make known to the said C. D. that he be before us at Westminster, on —, [or in C. P. " before our justices at Westminster, on," or in Exch. "before the said barons at Westminster, on -"] to show if he has or knows of any thing to say for himself why the said A. B. ought not to have execution against him of the debt and damages aforesaid, according to the force, form, and effect of the said recovery, if it shall seem expedient for him so to do; and further to do and receive what our said court shall then and there consider of him in this behalf [or in Exchequer, instead of this last sentence," and further," &c. say "and in what manner you shall execute this our writ make appear to the said barons at Westminster, on :"] and have you there the names of those by whom you shall so make known to him, and this writ. Witness ·(name of chief justice, or in Exch. name of chief baron), at Westminster, the in the year of our Lord day of [See 2 Chit. Ar. Pr. 817, 831.] 6. The like, in Assumpsit. Victoria, [&c. as in the preceding form to the asterisk*, and then thus:] recovered against C. D. £- - for his damages which he had sustained, as well on occasion of the not performing certain promises [or "promise"] then lately made by the said C. D. to the said A. B. as for his costs [&c. conclude as in the preceding form, but instead of " debt and damages," say "damages."] 7. The like, in Covenant. Victoria, [&c. as ante, 458, No. 5, to the asterisk*, and then thus:] recovered against C. D. £- for his damages which he had sustained, as well on occasion of the breach of a certain covenant made between the said A. B. and the said C. D. as for his costs [&c. conclude as ante, 458, No. 5, but instead of" debt and damages," say " damages."] 8. The like, in Case. Victoria, [&c. as ante, 458, No. 5, to the asterisk*, and then thus:] recovered of C. D. the sum of £- for his damages which he had sustained, as well on occasion of a certain grievance then lately committed by the said C. D. as for his costs [&c. conclude as ante, 458, No. 5, but instead of" debt and damages," say " damages."] 9. The like, in Trespass. Victoria, [&c. as ante, 458, No. 5, to the asterisk*, and then thus:] recovered against C. D. £- for his damages which he had sustained, as well on occasion of certain trespasses then lately committed by the said C. D. as for his costs [&c. conclude as ante, 458, No. 5, but instead of "debt and damages," say " damages."] 10. The like, in Ejectment by Original, in Q. B. (a) Victoria, [&c. as ante, 458, No. 5,] to the sheriff of, greeting: Whereas John Doe lately in our court before us at Westminster, by our writ and by the judgment of the same court, recovered against C. D. [or if against the casuul ejector "Richard Roe"] his term then and yet to come of and in the two messuages [&c. as in the declaration], with the appurtenances, in the parish of in your county, which L. P. on (&c. day of demise of declaration) had demised to the said John Doe, to have and to hold the same to the said John Doe and his assigns from thenceforth (as in declaration) for and during and until the full end and term of years from thence next ensuing, and fully to be complete and ended; by virtue of which said demise the said John Doe entered into the tenements aforesaid, with the appurtenances, and was thereof possessed, until the said C. D. [or “ Richard Roe"] afterwards, to wit, on (&c. as in declaration), with force of arms &c. entered into the tenements aforesaid, with the appurtenances, which the said L. P. had demised to the said John Doe in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm; and also £-- for the damages which the said John Doe had sustained as well on occasion of the trespass and ejectment aforesaid, as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. [or "Richard Roe"] is convicted, as appears to us of record: And now, on behalf of the said John Doe, in our said court, we have been informed, that although judgment be thereupon given, yet execution of that judgment still remains to be made to him, wherefore the said John Doe hath humbly besought us to provide him a proper remedy in this behalf: And we being willing that what is just in this behalf should be done, command you, that by honest and lawful men of your bailiwick you make known to the said C. D. [or "Richard Roe"] that he be before us on wheresoever we shall then be in England, to show if he has or knows of any thing to say for himself [or if against the casual ejector, the sheriff should be commanded " to make known to the said Richard Roe, and also to and ——, the tenants of the tenements aforesaid, that they be before us on wheresoever we shall then be in England, to show if they have or know, or if either of them hath or knoweth of any thing to say for themselves or himself"] why the said John Doe ought not to have the possession of his said term yet to come of and in the tenements aforesaid, and also execution of the damages, costs, and charges aforesaid, according to the force, form, and effect of the said recovery, if it shall seem expedient for him; and further to do and receive what our said court before us shall consider of him [or " them"] in this behalf: And have there the names of those by whom you shall so make known to him [or " them"] and this writ. Witness (name of chief justice), at Westminster, the day of in the year of our Lord 11. The like, in Exchequer (b). Victoria, [&c. as ante, 458, No. 5,] to the sheriff of--, greeting: Whereas A. B. lately in our court before the barons of our Exchequer at Westminster, by the consideration and judgment of our same court, recovered [&c. (a) See the form, Tidd's Forms, 657. (b) Id. 658. as in the preceding form to the words "whereof the said C. D. is convicted," and then thus:] as by inspecting the rolls of our said Exchequer appears to us: Yet execution of the said judgment still remains to be made, as by the information of the said L. P. in our said court we have been given to understand: And we being willing that those things which in our said court are rightly done, should have due execution, command you, that by honest and lawful men of your bailiwick you make known [&c. as in the preceding form to the words " expedient for him," but making the writ returnable "before the barons of our said Exchequer at Westminster, on :"] And in what manner you shall execute this our writ make appear to the barons of our said Exchequer at Westminster, at the day aforesaid; and have you there the names of those by whom you shall so make known to him, and this writ. Witness(name of chief baron), the in the year of our Lord day of 12. The like, in Replevin. [See the forms, ante, 458, No. 5, and ante, 437, No. 67.] 13. Scire Facias to revive a Judgment for Defendant. Victoria, [&c. as ante, 458, No. 5, to the asterisk*, and then thus:] recovered against A. B. £- which in the same court were adjudged to the said C.D. according to the form of the statute in such case made and provided, for his costs and charges by him laid out in and about his defence of and in a certain action of debt [or "promises," or as the action was] before then commenced and depending in our same court, by and at the suit of the said A. B. against the said C. D. whereof the said A. B. is convicted [&c. as ante, 458.] And now, on the behalf of the said C. D. in our said court, we have been informed, that although judgment be thereupon given, yet execution of the costs and charges aforesaid still remain to be made to him; wherefore the said C. D. hath humbly besought us to provide him a proper remedy in this behalf: And we being willing [&c. proceed as ante, 458, No. 5, but requiring plaintiff] "to show if he hath or knoweth of any thing to say for himself why the said C. D. ought not to have his execution against him of the costs and charges aforesaid, according to the force, form and effect of the said recovery, if it shall seem expedient for him; and further to do and receive" [&c. conclude as ante, 458, No. 5.] [See 2 Chit. Ar. Pr. 817.] 14. Scire Facias after a former revival. Victoria, [&c. as ante, 458, No. 5,] to the sheriff of -, greeting: Whereas A. B. lately in our court [&c. state the judgment as ante, 458 to 460;] whereof the said C. D. is convicted, as appears to us of record [or if in C. P. or Exch. see ante, 458, No. 5]; and whereupon it was afterwards considered in our said court that the said A. B. should have his execution against the said C. D. of the damages [or if in debt, "debt and damages"] aforesaid, according to the force, form and effect of the said recovery, as also appears to us [or if in C. P. or Erch. see ante, |