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Writ of Fieri Facias

judgment, execution and vict

FI'ERI FA'CIAS, WRIT OF, an English writ for enforcing the judgment of a court of law against the goods of a debtor. It may be sued out as soon as final judgment has been signed, or, in case of a trial out of term, in fourteen days after verdict, unless, on special cause shown, a judge order speedy execution. But a writ of F. F. cannot be enforced after a capias ad satiVacienduni (q.v.) has been issued. The sheriff, in exe cuting this writ, may not break open doors; but having obtained peaceable entrance, he may break open inner doors, cupboards, and trunks. The officer in execution having taken possession, may leave an assistant in charge, by whom an inventory of the goods is made. He is entitled to remain on the premises a reasonable time in order to remove the goods; but if he continue longer without permission of the owner, he is liable to an action for trespass. By 8 Anne, c. 14, if goods are removed from land or premises let on lease, the party removing them must pay the rent, and taxes. A. creditor may not take, in execution, manure, hay, etc., where, by the covenants of the lease, the tenant is prohibited from them (56 Geo. IIL c. 50). Growing crops, if seized in execution, and sold, are liable for rent accruing after the date of the seizure, as long as they remain on the ground (14 and 15 Vict. c. 25). By 1 and 2 Vict. c. 110, money,

bank notes, bills of exchange, and other securities, may be taken under a writ of fieri facias. By 8 and 9 Vict. c. 127, a creditor is not entitled to take wearing-apparel and bedding or tools where the value of the whole does not exceed £5. Such fixtures as belong to the heir, and not to the executor, cannot be taken under this writ. The goods of the party only who is named in the writ may be seized; and if the officer take goods belonging to a stranger, he is liable to an action for damages. By 1 and 2 Vict. c. 110, decrees in chancery have the effect of a judgment in a court of law. In Scotland, the corresponding process for seizing and selling a debtor's goods is a warrant to poind the movables. See POINDING.

Fieri facias de bonis ecclesiasticis is a writ directed to the bishop of the diocese, requir ing him to attach the ecclesiastical goods of a clergyman within his diocese, in satis facti6n of the judgment of a court of law.