Imp.rs
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A Writt of scire fa is a Judicial Writt and in ^all^
Writts
plaints pleas &c.a they ought to Carry and beare with them
the true markes of what they are and this hath noe other
than of a Mean pcess
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2.dly
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A Writt of sci fa ought to containe in it absolute
Matter
of substance and command therin to be given to the sheerif
that he make Knowne to the party and that by good and
lawfull men of his Bailiwick that he be and appeare &c.a
but this Writt itt Contains in it now Matter of substance but
commands the sheerif to summ the party when there is noe
such word or forme in Writt of sci fa and no person cann be
bound in Law to Answer to a Wrong Writt for if soe the Writt
quare obstruxit may be brought instead of the Writt quare
non permittit or the Writt Quare ejecit in frater minum
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3.dly
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This Writt saith for 444.ll Tob Clerks
Fees which is voyd by uncertainty
shepards Marrow of the Law TItle fact folio 226
and Perkins sect 36 54 55
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4.thly
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Every sci fa for Clerks Fees or other Minister of
the Court
there ought to ^be^ filed a declar with the Writt of sci fa but
in all sci fa to renew a Judgment of Record the Writt is
a sufficient declar of its selfe because it hath reference
to the Record and soe any person ther may apply himselfe
to compare the Writt and Record togeather but for officers
Fees they ought to declare how and which way they did
accrue and of what date for if it be not above a Yeare
and a day then the sci fa will not lie soe that a declrd is
absolutly Necessary to make every perticuler appeare
to this Court more cleare & Evident without which they
cann give no Judgment
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5.thly
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This sci fa is Notorious bad by reason the sd W.m
North is
commanded to Appeare before the Justices of Kent Court but
doth not Express whose or in what place soe that the Defend.t
cannot tell where to Attend which is an Apparent Error sheepards
Marrow of the Law folio 227 Huy her grand abridgm.t p.t
1.st Tit Corpus ca
Causa folio 476 par 12.th
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