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662 THE CAPE SABLE COMPANY'S CASE.
be taken in execution by an executive officer of a county to whom
alone they can direct their process. A writ of capias from tho^e
courts either to answer, or to make satisfaction, must, in all cases,
be directed to an officer of a county where the venue has been laid,
or where the cause of action is said to hare arisen; and only, on its
actually, or by a fiction being supposed to have failed, can a testa*
tum capias be sent to any other county. And so, too, a writ of
fieri facias must really, or in form be first sent to the proper county,
and if that fails, then a testatum fieri facias, or an elegit may go
to any other county where the property of the defendant may be
found, (r)
It is by this course of proceeding only that any lands in Eng-
land can be considered as lying within reach of the process of the
several courts of Westminster, as liable to be taken in execution;
and, therefore, as being bound by a lien arising from a judgment
rendered there. This liability, it is obvious, is, as often as other-
wise, by a secondary, and not by a primary and immediate execu-
tion; by a testatum fieri facias, after an antecedent real or pro
forma writ; and yet it is admitted, on all hands, that a judicial
lien immediately fastens from the date of such a judgment upon
all the lands of the defendant in every county of the realm, (s)
This lien, therefore, is a uniform consequence of the liability, with-
out regard to the mode, direct or indirect, of that liability.
But where the power of the court is confined to certain specified
subjects, or within some particularly designated territorial limits its
process can reach nothing not falling within the specification of the
objects of its power, or which cannot be found within the local
limits of its jurisdiction. Hence it is, that the judgment of an
inferior court cannot be executed upon any lands or goods out of
its jurisdiction; and, consequently, it cannot give rise to any lien
upon such land; because it is not, in fact, as to such judgment,
in any way liable to be taken in execution tinder it, either directly
or indirectly, (t) For, even if it should be removed into the
King's Bench, by certiorari, the party must there sue out a scire
facias to have execution, and therein set forth the nature of his
judgment, and specify the particular limits of the inferior jurisdic-
tion, and pray execution only within those limits. If, however, it
be removed by writ of error, and is affirmed, it is otherwise, be-
(r)Tidd's Prac. 929, 938; 1 Sellon's Prac. 513. —(s) 1 Sellon's Prac. 519. —(t) Com.
Dig. tit. Execution, (1. 1); Holt v. Murray, 2 Cond, Chan. Rep. 243.
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