272 Edtents. ICh.XU.VthSec.lL groiind on which a scire facias is in general necessary, previous to the issuing of extents. As no time runs against the King, a scire facias is, generally speaking, unnecessary to revive proceedings at his Majesty's suit (a). When bonds for the performance of covenants are assigned to the King, a scire facias is necessary as the first process {b). There is an excep- tion under the statute 33 Hen. 8. as we have already seen, if the debt be in danger of being lost and that fact be verified by affidavit. In such case an immediate extent, which is in the nature not of an action but of an execution, may be issued ; but if no such affidavit can be made, a scire facias must be issued, the Crown debt being of record either as a judgment or recognizance, or as a bond within the 33 Hen. 8. or as any other specialty or a simple contract debt, recorded by inquisition under a commission. The scire facias is under the seal of the Court of Exchequer, and signed by the King's Remembrancer, and tested by the Lord Chief Baron. It recites the inquisition, or tlie bond, or recognizance, &c. and commands the sheriff to warn the de- fendant to appear before the Barons on a day certain, to shew cause why the debt should not be levied. The scire facias, though it may be sued out in vacation, must be tested in term. And therefore a scire facias cannot be sued out in vacation, on an inquisition taken under an extent which has been sued out, and is consequently tested in that vacation ; because as the scire facias, if sued out in vacation, must be tested as of the antece- dent term, and must recite the inquisition in such case as the foundation of it, it would appear in such case that the scire facias was sued out before the inquisition on which it was founded, was taken. And the Court quashed such a scire facias on motion (c), and ruled that the objection could not be got rid of by a special memorandum upon the record, shewing the day on which the scire facias was really issued. If the sheriff warn the defendant, he returns scire feci (d). If he do not warn him, he returns Jiihil (e), in which last case a second scire facias issues. On the return of scire feci or of two nihils, a four-day rule is given on the writ for the defend- (a) 2 Salk. 603. 1 Price, 295. (d) Tremaine, 609. West, 317. (i) 2 Leond. 55, 77. Owen, 46. {e) Tremaine, 609. (r) 3 Price, R. 28S. »nt
