Scire facias is also used to suggest further breaches on a bond with a condition, where a judgment has been obtained for some but not all of the breaches an 1 to recover further instalments where a judgment has been ob tained for the penalty before all the instal ments are due. 1 Wins. Saund. 58, n. 1 ; 4 Md. 375.
As to the effects of the judgment, and the principle of forfeiture, see Quo WARRANTO.
5. The pleadings in scire facias are pecu liar. The writ recites the judgment or other record, and also the suggestions which the plaintiff must make to the court to entitle him to the proceeding by scire facias. The writ, therefore, presents the plaintiff's whole ease and constitutes the declaration, to which the 'defendant must plead. 1 Blackf. Ind. 297. And when the proceeding is used to forfeit a corporate charter, all the causes of forfeiture must be assigned in distinct breaches in the writ, as on a bond with a condition 14ione in the declaration or repli cation. And the defendant rnust either dis claim the charter or deny its existence, or deny the facts alleged as breaches, or demur to them. The suggestions in the writ, dis
closing the foundation of the plaintiff's case, must also be traversed if they are to be avoided. The scire faciaa is founded partly upon them and partly upon the record. 2 Inst. 470, 679. They are substantive facts, a,nd can be traversed by distinct pleas em bracing them alone, just as any other funda mental allegation can be traversed alone. All the pleadings after the writ or declaration are in the ordinary forms. There are no pleadings in scire facias to forfeit a corporate charter to be found in the books, as the pro ceeding has been seldom used. There is a case in 1 P. Will. 207, but no pleadings. There is a case also in 9 Gill, Md. 379, with a synopsis of the pleadings. Perhaps the only other case is in Vermont; and it is with out pleadings. A defendant cannot plead more than one plea to a scire faCias to forfeit a corporate charter: the statutes of 4 & 5 Anne, ch. 16, and 9 Anne, ch. 20, allowing double pleas, do not extend to the crown. I Chitty, Plead. 479 ; 1 P. Will. Ch. 220.