Page:Black's Law Dictionary (Second Edition).djvu/1068

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SCIRE FACIAS

requiring the person against whom it is brought to show cause why the party bringing it should not hure Ildvuntzige of such record, or (in the case of a S1176 faciar to re- [ll-‘ll letters patent) why the record should not be iinniilled and vacated 2 Archb. Pr. K B. b'l.: I’ub. St. Mass. p. 2195.

The most common application of this writ is as a process to revive a judgment, utter the lipse of a ceitiiln time, or on u change of parties or otherwise to have execution of the judgment, l.u which cases it is i.nei'ely n contiuiiiit-ion of the original action. It is used more rarely as a mode of proceeding a_.;:iinst special ball on their recognizance, and as 2 nu-.-ans of repealing letters patent, in nhich cases It is an original proceeding. 2 Art-hli Pr. K. B. 86. And see Knapp v. 'lhonias, 39 Ohio St. 383. 48 Am. Rep. 402; Wallter v. Wells, 17 Ga. 551, 63 Am. Dec. 252: Chestnut v. Chestnut, TI Ill. 349; Lyon v Ford. 20 D. C. 535; State Treasurer v. Foster. 7 Vt. 53: Lafayette County v. Wonderly. 92 Fed. 314. 34 C. C. A. 360; Hndnway V. Hynson. 89 Md. 305, 43 AtL 806.

—Scn'e facins ad audiendum errnrel. The niinie of a urit which IE sued out after the plaintiff in error bus ussigzned his errors iI‘itzh. Nut Brcv. 2l'l.—Seiz'c facias ad disp:rnI1nndum debitum. The name of I: IV rit in use in l’enns_\ lv.inin, which lies by a defendant in foreign arrachnient airlinst the plaintiff. in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the IIIUILIJIIJEIJL to disiirme or avoid the debt l'9(‘|'J\(_‘I'|‘Il ugainst him. Bouvier.—Scire facing ad 1-elialiendam tel-ram. A in-ire fa:-iaa ad rchribciidain. tcrrum lies to enable a judgment debtor to recover back his lands tiilten under an elcgii when the judgment creditor has satisfied or been paid the anioiint of his judgment. Chit. 692; Fast. on Sci. Fn 53.—Scire fncins for thc crown. In English law. The summary prorzteiling by extent is only resorted to when a crown dehtor is insolvent, or there is good ground for supposing that the debt may he lost by delay. In ordinary cases whcrs a deht or duty appears by record to be owing to the crown, the process for the crown is a writ of 501'. fa. qunre e:rz*cuti'mirm non; but should the (ii-fi-ndant become insolvent pending this writ, the crown may abandon the proceeding and resort to an extent. \\harton.—Seirc fncin: qnnre x-estitutionem min. This writ lies \\llPl'l-‘ execution on a judgment has been levied, but the money has not been paid over to the plaiutifi, and the judgment is afterwards re- wi-sed in error or on appeal; in such 11 case a wire faciaa is necessary before a, writ of restitution uin issue. it 2. Fast. on Sci. Fa. (H.—Scirc facial snr mortgage. A writ of 8L‘i1‘B facias issued upon the default of a mort- ga-ror to make payments or observe conditions, requiring him to show cause why the moitgage should not be foreclosed, and the mom: ,:utl property taken and sold in execut.ion.—Scn-c faciac cur municipal claim. A writ of 8('ll‘(: fucias, autboiized to be issued, in Penn- S)l\|'.lDill, as a means of enforcing payment of a n.iun.i(-ipnl claim (a. 17) out of the real estate upon which such claim is a. lien.

SCIRE Fl-ICI. Lat. In practice. The name given to the sheriff's return to a writ of wire jacitis that he has caused notice to be given to the party or parties against whom the Writ was Issued. 2 Archb. Pr. K. B. 98, 99.

1060

SCOTCH PEERB

SCIRE FIERI INQUIRY. In English law. The name of a writ formerly used to recover the amount of a judgment from an executor.

Scire leges non hon est verbn. BB.'l"Illn tenare, sod vim ac potcstntem. To know the laws is not to observe their mere words. but their force and power; [that is, the essential nieuning in which their ellicacy resides.) Dig. 1, 3, 17; 1 Kent. Comm 461’.

Seire prop:-in eat rem rations at per cnusam cugnoiicere. To know properly is to know a thing in its reason, and by its cause. We are truly said to know anything, where we know the true cause thereof. 00. Lltt 1831).

SCIREWYTE. In old English law. A tax or pi-estation paid to the sherllf for holding the nsslzm or county courts. GOWC1],

SCISSIO. Lat. In old English law. A cutting. iscissio uuricui'arum. cropping of the ears. An old punishment. Fleta, lib. 1, c. 38, 5 10.

SUITE, or SITE. The sitting or standing on any pluce; the seat or situation of a Lap- ital messuage, or the ground whereun it stands. Jacob.

SCOLD. A troublesome and angry wo- man, who, by brnwllng and wrangling among her neighbors, breaks the public peace, increases discord, and becomes a public nuisance to the neighborhood. 4 Steph. Comm. 270.

—Cmnmnn scold. One who, by the practice of frequent scolding, disturhs the neighborhood.

Bish. (_)rim. Law, § 147. A qunrrelsonie, brawl-

SC OT.

In old English law. tribute; one's share of a contribution.

A CSX. DI.’

—S-wt and lot. In English law. The name of a customary contrihutiun, laid upon all sulr jects according to their nhility. Brown.-Scot and lot voters. In English law Voters in ceitain boroughs entitled to the franchise in vir me of their paying this contribution. 2 Staph. Comm. 360.

SCOTAL. In old English law. An extortionute practice by officers of the forest who kept ale-houses, and compelled the peo- ple to drink at their houses for fear of their displeasure. Prohibited by the charter of the forest, c. 7. Wharton.

SCOTCH MARRIAGE-S. GREEN.

See GBETNA

SCOTCH PEERS. Peers of the king- dom of Scotland: of these sixteen are elected to parliament by the rest nnd represent the whole body. They are elected for one parlia-

ment only.