The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.

Of a Scire facias, upon a special Bail in the Filacers Office.

It is a VVrit that issueth out after Judgement had, and obtained by the

Plaintiffe against the Defendant by a nihil dicit, non sum informatus, confes∣sion of the Action, Trial by nisi prius, or otherwise: And the Plaintiffe having so obtained judgement against the De∣fendant, and perceiving that he is not easily to be arrested and taken in exe∣cution, or not sufficient to satisfie the same, but knoweth the Bayl to be bet∣ter able, than the Plaintiffe, may at his choice leave the Defendant, and prose∣cute the Bayl in this manner.

First Judgement being entred, he must sue forth a Capias ad satisfacien∣dum against the Defendant directed to the Sheriffe of the same County, where the Action was first laid, and get the same returned by a non est inventus, then he must procure a VVrit of Scire facias from the Filacer against the Bayl, if the Bayl were taken by the Filacer upon the Capias, alias plures, habeas Corpus, &c. issuing out of that Office, upon which VVrit, if the She∣riffe return a Scire feci, then there needs

no second VVrit to be made, but if he return a nihil, then there must a second VVrit of Scire facias, which being like∣wise returned with a nihil, then the two VVrits of Scire facias must be taken out upon the remembrance in the Pro∣thonotaries Office with the returns of them, and rules thereupon given and filed accordingly, with the Custos Bre∣vium, and thereupon if the Bayl shew not cause why Judgement should not be had, Judgement by default shall be entred against them in the said Protho∣notaries Office, for the summe in which they became Bayl as aforesaid, where∣upon the Plaintiffe may take execution out against them, either by fieri facias, or elegit: but not by Capias ad satisfa∣ciendum against their persons.

And in this case observe, that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law, for the summe for which they became Bayl, and Arrest their bodies, either upon the Capias,

or plures, or sue them to the exigent thereupon, and declare upon the said Recognizance, using all proceedings therein, as in an Action of Debt, but in this the Action must be laid in the County of Middlesex, onely where the Records do lie, and whence the venew out of that respect must rise.

And if the Bayl cannot be Arrested in the County of Middlesex, upon a Capias, &c. you may return (he cannot be found, &c. and sue forth thereupon a Testatum, and by that means Arrest them in any other County, where they may be found, observing all the pro∣ceedings, as in an Action of Debt.