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 and to recover further instalments where a judgment has been ob tained for the penalty before all the instal ments are due; 1 Wms. Saund. 58; Young v. Reynolds, 4 Md. 375.
By statute, In Pennsylvania, scare facies is the method of proceeding upon a mortgage.
The pleadings in scire facias are peculiar. The writ recites the judgment or other rec ord, and also the suggestions which the plain tiff must make to the court to entitle him to the proceeding by wire facial. The writ, therefore, presents the plaintiff's whole case, and constitutes the declaration, to which the defendant must plead ; Lasselle v. Godfroy, 1 Blackf. (Ind.) 297. And when the proceed ing is used to forfeit a corporate charter, all the causes of forfeiture must be assigned in distinct breaches in the writ, as is done in the declaration or replication on a bond with a condition. And the defendant must ei ther disclaim the charter or deny its exist ence, or deny the facts alleged as breaches, or demur to them. The suggestions in the
writ, disclosing the foundation of the plain tiff's case, must also be traversed if they are to be avoided. The scire facilas is founded partly upon them and partly upon the rec ord; 2 Inst. 470, 679. They are substantive facts, and can be traversed by distinct pleas embracing them alone, just as any other fun damental allegation can be traversed alone. All the pleadings after the writ or declara tion are in the ordinary forms. There are no pleadings in scire facies to forfeit a corpo rate charter to be found in the books, as the proceeding has been seldom used. There is a case in 1 P. Wms. 207, but no pleadings are given ; also in Board of Com'rs for the Fred erick Female Seminary, 9 Gill (Md.) 379, with a synopsis of the pleadings. Perhaps the only other case is in Vermont ; and it is without pleadings. A defendant cannot plead more than one plea to a scire facies 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 ; 1 Chitty, Pl. 479; 1 P. Wms. 220.