Scire Facias

The World's Largest Free and Online Legal Dictionary.

Legal Definition and Related Resources of Scire Facias

Synonyms and Definition Contents

Meaning of Scire Facias

A judicial writ at common law reviving a judgment and merely a continuation of action leading to execution of the already obtained judgment requiring the defendant to make known reason why execution should not issue .

Scire Facias Alternative Definition

(Lat. that you make known). The name of a writ (and of the whole proceeding) founded on some public record. Its principal use was to revive a judgment on which execution had not issued for a year and a day (see “Revival”), or to enforce some obligation of record, as a recognizance on appeal (24 Pa. St. 69). Scire facias is also used by government as a mode to ascertain and enforce the forfeiture of a corporate charter, where there is a legal existing body capable of acting, but who have abused their power. It cannot, like quo warranto (which is applicable to all cases of forfeiture) , be applied where there is a body corporate de facto only, who take upon themselves to act, but cannot legally exercise their powers. In scire facias to forfeit a corporate charter, the government must be a party to the suit; for the judgment is that the parties be ousted, and the franchises be seized into the hands of the government. 2 Kent, Comm. 313; 10 Barn. & C. 240; Yelv. 190; 5 Mass. 230; 16 Serg. & R. (Pa.) 140; 4 Gill & J. (Md.) 1; 9 gSi & J. (Md.) 365; 4 Gill (Md.) 404. Scire facias is also used to suggest further breaches on a bond with a condition, where a judgment has been obtained for some, but not all, of the breaches, and to recover further installments where a judgment has been obtained for the penalty before all the installments are due. 1 Wm. Saund. 58, note 1; 4 Md. 375. As to the effects of the judgment, and the principle of forfeiture, see “Quo Warranto.” The pleadings in scire facias are peculiar. The writ recites the judgment or other record, and also the suggestions which the plaintiff must make to the court to entitle him to the proceeding by scire facias. The writ, therefore, presents the plaintiff's whole case, and constitutes the declaration, to which the defendant must plead. 1 Blackf. (Ind.) 297. And when the proceeding is used to forfeit a corporate charter, all the causes of forfeiture must be assigned in distinct breaches in the writ. And the defendant must either disclaim the charter, or deny its existence, or deny the facts alleged as breaches, or demur to them. The suggestions in the writ disclosing the foundation of the plaintiff's case must also be traversed if they are to be avoided. The scire fadas is founded partly upon than and partly upon the record. 2 Inst. 470, 679. They are substantive facts, and can be traversed by distinct pleas embracing them alone, just as any other fundamental allegation can be traversed alone. All the pleadings after the writ or declaration are in the ordinary forms. There are no pleadings in scire far das to forfeit a corporate charter to be found in the books, as the proceeding has been seldom used. There is a case in 1 P. Wms. 207, but no pleadings. There is a case also in 9 Gill (Md.) 379, with a synopsis of the pleadings. Perhaps the only other case is in Vermont, and it is without pleadings. A defendant cannot plead more than one plea to a scire facias to forfeit a corporate charter. St. 4 & 5 Anne, c. 16, and St. 9 Anne, c 20, allowing double pleas, do not extend to the crown. 1 Chit. PI. 479; 1 P. Wms. 220. There are various special forms of the writ designated in accordance with the purpose for or the record on which it is brought. The principal are: Scire facias sur mortgage, being a writ pf scire facias issued upon the default of a mortgagor, requiring him to show cause why the mortgage should not be foreclosed. Scire fadas ad diaprobandum debitum, being a writ in use in Pennsylvania, which lies by a defendant in foreign attachment against the plaintiff, in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the attachment, to disprove or avoid the debt recovered against him. Act relating to the commencement of actions (section 61) , passed June 13, 1836. Scire facias ad audiendum errores, being a writ which is sued out after the plaintiff in error has assigned his errors. Pitzh. Nat. Brev. 20; Bac. Abr. “Error” (F). Scire facias ad rehabendam terram, being a writ which lay for an execution debtor to recover back his land taken on execution after he has satisfied the debt. Fost. Scire Facias, 58.

Related Entries of Scire Facias in the Encyclopedia of Law Project

Browse or run a search for Scire Facias in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Scire Facias in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Scire Facias in Historical Law in the Encyclopedia of Law.

For more information about Historical Law definitions, see Historical Definitions in the Encyclopedia of Law. For more information about Historical Law Books and Legal Documents, see Legal Encyclopedia of Historical Books and Documents and Legal Encyclopedia of Books and Documents of the 20th Century.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Scire Facias in the Legal Abbreviations and Acronyms Dictionary. The Legal Abbreviations and Acronyms Dictionary entries include explanations of the context of abbreviations or acronyms as well as the direct meaning.

Related Legal Terms

You might be also interested in these legal terms:


You might be interested in these references tools:

Resource Description
Scire Facias in the Dictionary Scire Facias in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Scire Facias
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
Related topics Scire Facias in the World Encyclopedia of Law


This definition of Scire Facias is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

All the vocabularies in the Lawi Project are classified by type and subject domain. The purpose of Vocabularies is to facilitate the search and finding of the content by the use of controlled/code lists or controlled subject vocabularies. For browsing, select any type of vocabulary.

Resource Description
Classification System Principle-based method of organization.
Legal Index Detailed list of terms describing the content
Ontology A set of types, properties and relationships, using open vocabularies
Synonym Ring Retrieval-equivalent group of terms
Subject Headings List Alphabetical list with cross-references
Taxonomy Hierarchical collection of controlled vocabulary terms
Thesaurus A structured controlled vocabulary
Topic Map A group of names, occurrences and associations
Topic Tree A topic display format, showing the hierarchy
Sitemap Index Sitemap Index, including Taxonomies The URI of Scire Facias (more about URIs)

Law is our Passion

This entry about Scire Facias has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Scire Facias entry and the Encyclopedia of Law are in each case credited as the source of the Scire Facias entry. Please note this CC BY licence applies to some textual content of Scire Facias, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. For guidance on citing Scire Facias (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry".

Cite this entry

Legal Citations Generator
(2013, 04). Scire Facias Retrieved 10, 2015, from
"Scire Facias" 04 2013. 10 2015 <>
"Scire Facias", 04 2013. Web. 10 2015. <>
"Scire Facias" 04, 2013. Accesed 10 2015.
Encyclopedic, 'Scire Facias' ( 2013) <> accesed 2015 October 6

Oxford Scholar: Search for Related Content


Schema Summary

  • Article Name: Scire Facias
  • Author: Encyclopedic
  • Description: A judicial writ at common law reviving a judgment and merely a continuation of action leading to execution of the already [...]

This entry was last modified: April 22, 2013

Co-Authors of this Entry:
This entry of the legal Encyclopedia was posted in Definition, S and tagged on by You can follow any added content to this entry through the RSS feed. You may skip to the end and expand the entry.

Help us expand this entry

You can add text, modify any part of the entry or suggest subject matters that the entry should cover. Send your modifications to our editors for review.

Your email address will not be published. Required fields are marked *