Wilmer
ads
North
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Reasons brought ag.t a sci facias Answered
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1.st Rea
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A Writt of sci fa is a Judicial Writt &c.a
and that all writts plaints &c.a
ought to carry and beare the true markes of what they are and this
hath no other than of a Mean pcess
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Answer
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There is no Instance given wherby the Court may Judge
the difference
of a Judicial Writt and Mean pcess And in this scire facias Command is
given to the sheerif to sum the party to show cause if any &c.a
why
Execucon &c.a which words doe carry and beare the true markes
of a sci
fa as in the Answer to the second reason Will appeare
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2.d reas
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A writt of sci fa ought to containe in it absolut
matter of substance
and command &c.a
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Answer
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The Writt saith for 444.ll Tob Clerks Fees
which is sufficient matter
of substance being founded on the Records of the County & to give the
defnition and reason of the Name of the Writt it comes from the verbs
facio to make and scio ta Know viz scire facias in which words are
containd a command to the Officer to make Known but the writt
saith sum which is quarreld att as if it was possible for the sheerif
actually to sum a person and the same person not Know it Therfore
in both those respects the Writt is valid and the reasons offered mean
and sophistical
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3.d reas
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The Writt saith 444.ll Tobaccoe Clerks
Fees which is voyd by uncertainty &c.a
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Answer
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An accompt Exhibited to the party and here in Court
produced Inconceive
to be sufficient certainty and that the Court will soe determine being
as before recited founded on the Record which cannot Err
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4.th reas
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Every sci fa for Clerks Fees or other Minister of
the Court ther ought
to be a Declaration filed &c.a
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Answer
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The accompt here in Court produced is a sufficient
Declaracon &
what more is inserted in the sd reasons but an Imposition on the Court
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5.th reas
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This sci fa is Notorious bad by reason the said William
North is commanded
to appeare but doth not expresse where or in what place &c.a
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Answer
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Upon the adjournm.t of Every Court Proclamacon
is made by the Cryer
where the Next Court is to be held and was sufficiently Knowne to the
party or why did he appeare to the Writt this reason might have
prevented his condemnacon if no appearance but haveing appeard
ought not to Abate the Writt
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6.th rease
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The sci fa is bad because there is not an Attorney
to the Writt
to Warrant the same &c.a
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