SCIRE FACIAS

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SCIRE FACIAS

SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the "advantage of such record; or, when it is issued to repeal letters-patent, why the record should not be annulled and vacated. 3 Sell. Pr. 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr. h.t. 2. It is, however, considered as an action, and in the nature of a new original. Skin. 682; Com. 455. 3. The scire facias against a bail, against pledges in replevin, to repeal letters-patent, or the like, is an original proceeding; but when brought to revive a judgment after a year and a day, or upon the death or marriage of the parties, when in the latter case one of them is a woman; or when brought on a judgment quando, &c., against an executor, it is but a continuation of the original action. Vide 1 T. R. 388. Vide generally, 11 Vin. Ab. 1; 19 Vin. Ab. 280 Bac. Ab. Execution, H; Bac. Ab. h.t. 2 Saund. 72 e, note, 3; Doct. Pl. 436 Bouv. Inst. Index, h.t.

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