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THE CAPE SABLE COMPANY'S CASH. 665
tum fieri facias; because two or more writs of fieri facias could
not be issued from that court, any more than from the King's
Bench, at the same time directed to two or more different coun-
ties; but could only go consecutively to the same or to different
counties, until an entire satisfaction was produced; (b) and yet it
was never doubted here, that a judgment rendered in the General
Court gave rise to a lien upon the defendant's lands in every
county of the state.
But according to these laws, in those cases where the suit could
be brought no where else than in the court of the county in which
the defendant resided; and, in all other cases where it was in fact
brought there, all the process of the county court, being, by the
general principles of the common law, confined within its local
limits, it followed, as a necessary consequence, that no property of
the defendant, not to be found within such county, could be taken
in execution, in satisfaction of such a judgment; and therefore,
that no judgment of a county court could operate as a lien upon
any of the lands of the defendant lying out of that particular
county; unless there was here, as in England, some means of re-
moving the judgment into some superior court from which a more
general and comprehensive scope of executive process might be
taken.
It seems to be not altogether improbable, that some such course
of proceeding, at one time, might have been allowed and pursued
here. For, it is declared, by one of the Provincial acts of Assem-
bly, that when any person against whom any judgment shall be
given, in any county court, shall fly, remove, or absent himself out
of the jurisdiction of that court, that then the plaintiff, for the
more easy obtaining of the fruit of such judgment, may take the
transcript of the record of such judgment, under the seal of the
court, and lay the same before the county court where the defen-
dant shall happen to be, which transcript shall be entered upon the
records of such county court, who shall award execution thereon
by a capias ad satisfaciendum, fieri facias, or attachment for the
debt, damages, and costs, together with the additional costs of
such court, 'without suing out any writ of scire facias. 9 (e) From
which last expression, dispensing with a scire facias, it would
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(6) 1 Sellon's Pra. 536; Bullock v. Morris, t Taunt. 67; Waters v. Caton, 1 H.
& McH. 407; Coombs v. Jordan, ante 821. —(c) 1715, ch. 41, n, 8, probably re-
enacted from 1701, ch. 1.
84 v. 3
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