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In English law, a writ of scire facias (Latin, meaning literally "make known") is a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or formerly why, in the case of letters patent and grants, the patent ...
Aboriginal title, Treaty of Waitangi, Scire facias R v Symonds (The Queen v Symonds) was an 1847 New Zealand Supreme Court [ a ] case that incorporated the concept of aboriginal title into New Zealand law and upheld the government's pre-emptive right of purchase to Māori land deriving from the common law and expressed in the Treaty of Waitangi .
Habere facias visum, a writ commanding a view of the lands in question. [14] Habere facias seisinam, a writ of execution commanding the sheriff to give the plaintiff possession of a freehold. Where the interest is less than the freehold the writ is known as habere facias possessionem. [14] Homine replegiando, a writ to bail a man out of prison ...
scire facias: Let them know. A writ, directing local officials to officially inform a party of official proceedings concerning them. scire feci: I have made known. The official response of the official serving a writ of scire facias, informing the court that the writ has been properly delivered. secundum formam statuti: According to the form of ...
In this history of English common law, original writs began a legal proceeding, while a judicial writ was issued during a legal proceeding. [ 9 ] The writ was a unique development of the Anglo-Saxon monarchy and consisted of a brief administrative order, authenticated (innovatively) by a seal . [ 10 ]
The English solution to this problem was to condition the holding of office upon good behavior, as enforced by the people through the writ of scire facias. Although it was technically a writ of the sovereign, this power concerned only the interests of his subjects; as the King exercised it only as parens patriae , he was bound by law to allow ...
A fieri facias, usually abbreviated fi. fa. (Latin for that you cause to be made), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor. [1] [2] The term is used in English law for such a writ issued in the High Court.
They moved for a scire facias proceeding, to have a jury trial on the validity of their patent, but the judge denied their motion. Charles Wood and Gilbert Brundage then petitioned the Supreme Court for a writ of mandamus to require the district court to issue a scire facias and try the question by jury.