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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 ...
all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
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 ...
A Treatise on the Writ of Scire Facias, 1851 Reports of Cases decided at Nisi Prius and at the Crown Side on Circuit, and Select Decisions at Chambers (with N. F. Finlason), 1858–1867. References
It appears that Hamilton is relying on the efficacy of the writ of scire facias, coupled with a presumption that other branches of government will ignore unconstitutional judicial decisions, as a control upon judicial misconduct. [citation needed]
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 ...
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.
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