318 ORDINANCE No. 6 OF 1855.
Common Law Procedure.
Application 46. Upon such application , in case it manifestly appears that the
for sugges
tion. party making the same is entitled to execution , the Court shall allow
such suggestion as aforesaid to be entered in the form to this Ordinance.
annexed marked B, and execution to issue thereupon , and shall order
whether or not the costs of such application shall be paid to the party
making the same, and in case it does not manifestly so appear, the Court
shall discharge the rule with or without costs : Provided nevertheless ,
that in such last mentioned case, the party making such application shall
be at liberty to proceed by writ or revivor or action upon the judgment.
Writ of 47. The writ of revivor shall be directed to the party called upon
revivor, and
proceedings to show cause why execution should not be awarded, and shall bear teste
thereunder.
on the day of its issuing ; and after reciting the reason why such writ
has become necessary , it shall call upon the party to whom it is directed
to appear within eight days after service thereof in the Supreme Court,
to show cause why the party at whose instance such writ has been issued
should not have execution against the party to whom such writ is directed ,
and it shall give notice that, in default of appearance, the party issuing
such writ may proceed to execution ; and such writ may be in the form
C, to this Ordinance annexed, and may be served and otherwise proceeded
upon, whether in term or vacation , in the same manner as a writ of sum
mons, and the pleadings and proceedings upon such writ and the rights of
the parties respectively to costs shall be the same as in an ordinary action .
Writs of scire 48. All writs of scire facias issued out ofthe Supreme Court against
facias.
bail on a recognizance ; against members of a joint stock company or other
body, upon a judgment recorded against a public officer or other person
sued as representing such company or body, or against such company or
body itself; by or against a husband to have execution of judgment for or
against a wife ; for restitution after reversal or appeal ; upon suggestion
of further breaches after judgment for any penal sum, pursuant to the
[8 & 9 W. 3, Statute passed in the Session of Parliament held in the eighth and ninth
e. 11.]
years of the reign of His late Majesty King William the Third, entitled
" An Act for the better preventing frivolous and vexatious suits " shall
be tested , directed , and proceeded upon , in like manner as writs of revivor.
Notice. 49. Notice in writing to the plaintiff, his attorney or agent, shall .
be sufficient appearance to a writ of revivor.
Writ of 50. A writ of revivor to revive a judgment less than ten years old
revivor how
procured. shall be allowed without any rule or order ; if more than ten years old ,