Legal Definitions - scire feci

Scire feci is a historical legal term that refers to a formal report made by a sheriff or another authorized court officer. This report confirmed that official notice had been successfully delivered to the parties named in a specific type of legal order, known as a writ of scire facias. Essentially, it was the officer's way of stating to the court, "I have caused these parties to know" about the legal action against them, ensuring they had been properly informed.

This term was crucial in historical legal proceedings to demonstrate that due process had been followed, meaning all affected parties had received proper notification before a court could proceed with certain actions, such as reviving an old judgment or forfeiting a bond.

• Example 1: Reviving an Old Judgment

  Imagine a bank that holds a judgment against a debtor for an unpaid loan from many years ago. The judgment has become dormant, meaning it can no longer be enforced without further court action. Before the bank can seize assets or garnish wages, they must formally notify the debtor that they intend to revive and execute the old judgment.

  In this historical context, the court would issue a writ of scire facias, instructing the sheriff to notify the debtor. Once the sheriff successfully located and served the debtor with this official notice, they would file a formal report with the court stating scire feci. This report would confirm that the debtor had been properly informed of the bank's intent to revive the judgment, allowing the court to proceed.

• Example 2: Notifying a Surety About a Bond Forfeiture

  Consider a situation where an individual accused of a crime posts bail, with a friend acting as a surety (meaning the friend guarantees the accused will appear in court). If the accused fails to appear as required, the court may decide to forfeit the bond, meaning the friend (the surety) would lose the money they put up.

  To ensure fairness, the court would issue a writ of scire facias to the surety, requiring them to appear and show cause why the bond should not be forfeited. The sheriff would be tasked with serving this writ to the surety. Upon successful delivery, the sheriff would then make a scire feci return to the court, indicating that the surety had received official notice of the impending bond forfeiture proceedings and had the opportunity to respond.

• Example 3: Challenging a Historical Land Record

  Suppose a property owner discovers a significant error in a very old land deed that affects their property boundaries. They wish for the court to amend or annul this historical record, but doing so could potentially impact the property rights of other parties who own adjacent land, or their descendants.

  To uphold due process, the court would issue a writ of scire facias to these potentially affected parties, requiring them to appear and show cause why the old record should not be changed. The sheriff would be responsible for locating and serving these individuals. Once the sheriff confirmed that all identified parties had received the official notice, they would file a scire feci report with the court, confirming that proper notification had been given before the court proceeded to consider amending the historical record.