SCIRE FACIAS (Lat.. that you' make known). . The name Of a writ (and of the whole prOCeeding) founded on some public record.
2. Public records,. to which the writ is ap. plicable are of two clasees, and. non Judicial. • Judicial records are of two kinds, judg, ments in former Suits,, and recognizances which are of the natiire ofjudgments. When founded on a judgment, the purpose of the writ is either. to revive the judgment, which because of lapse of time—a year and a day.at common lavv but now varied by statiites--iS presumed' in la* to be executed or released, and therefore execution: on it, is, not allowed without giving notice,lnY scire facias, to the defendant to come in, and allow if he can, by release or otherwise, why execution ought not to issue ; or to make a person, who derivee a benefit by or be.comes chargeable t,o the execution, a party to the judgment, who wae not a party to the original suit. In both of these classes of cases, the purpose of the writ is merely to continue a former suit to execu tion. • When the writ is founded on a recog nizance, its purpose is, as in cases of judg ment, to have execution ; and though it is not a continuation of a former suit, as in the case of judgments, yet, not being the com mencement and foundation of an action. it is not an original, but a judicial, writ, and at most is only in the nature of an original action. When founded on a jndicial record, thewrit linnet issue out of the court where the judgment was given or recognizance entered of record, if the judgment or recognizance remains there, or if they are removed, out .of the court where they are. 3 Blackst. Comm. 416, 421 ; Coke, '2d Inst. 469-472 • 3 Gill & J. Md. 359 ; 2 Wms. Saund. 71, '72, notes.
3. Non-judicial records are letters patent and corporate charters. The writ, when founded on a non-judicial record, is the com mencement and foundation of an original action ; and its purpose is always to re peal or forfeit the record: Quo warrant° is the usual and more appropriate remedy to forfeit corporate charters. and offices ; and scire facias, though used for that purpose, is more especially applicable to the repeal of hitters patent. When the crown is deceived by a false suggestion, or when it has granted any thing which by law it cannot grant, or where the holder of a patent office has com mitted a cause of forfeiture, and other. like
cases, the crown may by its prerogative re, peal by scire: facias its own grant. And where by several letters patent the selfsame thing has been granted to several persons; the first patentee is of right permitted, in the name and at the suit of tjae crown by scire facias, to repeal the subsWent letters patent ; and so, in any case of the grant of a patent which is injurious to another, the in. jured party. is permitted t,o use the nnme of the crown. in a. suit by scire facias for the repeal of the grant. This privilege of suing, in the name of the crown for the repeal of the patent is granted to prevent multi plicity of suits. 2 Wms. Saund. 72, notes; 6 Mod. 230, 239 ; 10 id. 258 ; Dy. 197 b, 198 • 4 Inst. 88 ; 2 Ventr. 354. A stato may b'y scire facias repeal a patent of land fraudulently obtained. 1 Harr. & M'H. Md. 162.
In the IThited States, jurisdiction over patents for writings and sliscoverics is, by the 8th se,ction of the federal constitutiim, vested in the general government. And by the act of congress of February 21, 1793, ch. ii., process in the nature of a scire facias, founded on a record to be made of the pre liminary proceedings, is prescribed as the mode for repealing letters patent. 9 Wheat. 603 ; 1 Kent, Comm. 381. The circuit courts of the United States have original jurisdic tion and exclusive authority to declare a patent void. Act of Congress of July 4, 1835 ; 2 Kent, Comm. 368 ; 8 Paige, Ch. N. Y. 132.
4. Scire facias is also used by govern ment as a mode to ascertain and enforce the forfeiture of a corporate charter, where there is a legal existing body capable of acting, but who have abused their power : it cannot, like quo warrant° (which is applicable to all cases of forfeiture), be applied where there is a body corporate de fa,cto only, who take upon themselves to act, but cannot legally exercise their powers. In scire facias to forfeit a cor porate charter, the government must be a party to the suit; for the judgment is that the parties be ousted and the franchises be seized into the hands of the government. 2 Kent, Comm. 313 ; 10 Barnew. & C. 240 ; Yelv. 190 ; 5 Mass. 230 ; 16 Serg. & R. Penn. 140 ; 4 Gill & J. Md. 1 ; 9 id. 365 ; 4 Gill, Md. 404.