A Synopsis of the Laws Relating to Sheriffs in the Execution of Writs; Illustrated by Upwards of Seven Hundred Cases - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883. Excerpt: ... SCIRE FACIAS. VICTORIAN STATUTE. 28 Vic., No. 274. Common Law Procedure Statute. Sec. 298. During the lives of the parties to a judgment or those of them during whose lives execution may at present issue within a year and a day without scire facias, and within six years from the recovery of the judgment, execution may issue without a revival of judgment. Sec. 302. All writs of scire facias issued out of the Supreme Court against bail or recognizance ad andiendum errores against members of a joint stock company or other body upon a judgment recorded against a public officer or other officer sued as representing such company or body or against such company or body itself by or against a husband to have execution of a judgment for or against a wife for restitution after a reversal in error upon a suggestion of further breaches after judgment for any penal sum pursuant to any statute now or hereafter to be in force relating to actions upon bonds or any penal sum for the non-performance of any covenants or agreements shall be tested directed and proceeded upon in like manner as writs of revivor. Sec. 303. That notice to the plaintiff his attorney or agent shall be a sufficient appearance to a writ of reviver and a plaintiff shall not be allowed a rule to quash his own writ of scire facias or revivor after a defendant has appeared except on payment of costs. IMPERIAL STATUTE. 13 Edward 1, c. 45. The Process of Execution of Things recorded within the year or after. Because that of such things as be recorded before the chancellor and the justices of the Bang that have record and be enrolled in their rolls, process of plea ought not to be made by summons attachments essoin view of land and other solemnities of the Court as hath been use to be done of bargains and ...
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