Sample Scire Facias

John Brice &al vs Obadiah Osborn &al
Circuit Court Case File 3436
Scire Facias
St. Clair County, Illinois

Transcription. File Jacket indicates this case is recorded in Record Book E:207, 252
Paper case file located at the Illinois State Archives, Springfield

Words in [square brackets] are additions or guesses by the transcriber.

[Document 1 – Sci. fa. on Replevin Bond & Exⁿ[Execution]

“State of Illinois ss.

The People of the State of Illinois: To the Sheriff of St Clair County, Greeting:

Whereas Philip Hawks before the Circuit Court on and for the County of St Clair holden at Belleville on the Second monday of march in the year of our Lord Eighteen hundred and twenty four, recovered Judgment against Obadiah Osborn of Said County for the Sum of one hundred & sixty one dollars and Sixty two cents damages & Seven dollars and thirty Six and one half cents Costs of suit, as by the record of Said Court remaining therein will appear. And which Judgment the Said Philip Hawks took out and Execution in due form of Law on the twenty ninth day of April of the year aforesaid directed to the Sheriff of Said County, And the Said Sheriff Afterwards to wit, on the Seventeenth day of May of the year last aforesaid, levied the Said Execution upon the property of the said Obadiah Osborn: and the Said Obadiah Osborn, afterwards to wit, on the Said Seventeenth day of may replevied the Said Judgment with John M. Osborn, Henry Rhoades and Parker Jarvis his Securities, according to the law of this State as by the record of Said [Court] now ready to be shown will appear, inform following, to wit; ‘Know all men by these presents that We Obadiah Osborn, John M. Osborn, Henry Rhoades and Parker Jarvis of St Clair County and State of Illinois are held and firmly bound unto Phillip Hawks his heirs executors Administrators or Assigns in the just and lawful Sum of four hundred and Sixteen dollars and niney Eight cents good and lawful money of the United States, for the payment of which to be well and truly made and done, we and each of us do bind ourselves, we and each of our heirs Executors and Administrators jointly Severally and firmly by these presents Sealed with our Seals and dated this 17^th day of May 1824.
The Condition of the above obligation is such that whereas a writ of fieri facias was was issued out of the Clerk’s office of the Circuit Court of St Clair County bearing date the 29^th day of April 1824 in the name of Phillip Hawks against the Estate of the Said Obadiah Osborn for the Sum of one hundred and Sixty one dollars and Sixty two cents debt with interest to be computed thereon from the 10^thday of march last 1824 untill paid, also the Sum of Seven dollars and thirty Six and one half cents Costs, which Said Execution was levied on the Estate of the Said Obediah Osburn, and he being desirous of releasing the Same hath tendered the Said Parker Jarvis, Henry Rhoades & John Osburn as his Securities in this replevin bond, now if the said Obediah Osburn or the Said Parker Jarvis Henry Rhoades and John Osburn Shall well and truly pay the amount of Said execution with legal interest thereon with the Sheriff’s half commission and fees thereon, and fifty cents for this bond amounting in the whole to two hundred and eight dollars & forty nine Cents on or before the 17^th day of may 1827 then the obligation to be void and of none effect, else to be & remain in full force and virtue in Law. Signed Sealed & delivered in presence of W^m A Beard ‘ and Signed

^{[ ‘ ]}Ob. Osborn {seal}
John M. Osborn {seal}
Henry Rhoades {seal}
Parker Jarvis’ {seal} and

whereas Since the Said Execution of the Said replevin bond, the Said Philip Hawks departed this life and Anna Hawks thereafter took Administration of the Goods and Chattels, rights and Credits of Said Philip Hawks, and after the Said administration was granted to her and before the Commencement of this Suit intermarried with James Brice and the Said Anna brings into Court her Said Letters of Administration, and the Said Anna now Brice avows that the Said Judgment, recovered as aforesaid, remains unpaid, unsatisfied and unreversed And also that the Said Replevin Bond is in full force unpaid unreversed, not set aside, vacated or changed and that the Said defendants have not paid the Same or either of them. You are therefore hereby Commanded, as we before commanded you, that you Summon the Said Obadiah Osborn, John M. Osborn, Henry Rhoades and Parker Jarvis, that they be and appear before our Circuit Court next to be holden at Belleville for and within our Said County, on the first Monday of March Next, then and there to Show cause if any they have why the Said James Brice and Anna his wife administrators of Philip Hawks deceased, Should not as administrators have Judgment for execution on the Aforesaid replevin bond, And against the Said defendants: and have you then there this writ.

Witness The Hon^bleTheophilius W. Smith Judge of our Said Court at Belleville
this twenty third day of July in the year of our Lord Eighteen hundred and twenty Seven
John Hay Ck”

[reverse side of Document 1]

Ret^ble to March Term 1828″

“I duly Executed the within Summons on the within named John M. Osburn on the thirtenth day of February 1828 by reading the same to him on the day as above set out agreeable to law

Sur[vin]g S. on 1 — ..50
Miles 4—————- ..25
Ret[urnin]g ———- ..12 1/2
[Total] ————– $ ..87 1/2

Obediah Orsburn Henry Rhods
and Parker Jarvis [warrent]
or not found in my Bailiwick so Answer
William A. Beaird
Sheriff of St Clair County”

[Document 2 – Sci. fa. on Replevin Bond]

“State of Illinois ss.

The People of the State of Illinois, To the Sheriff of St Clair County, Greeting:

Whereas Philip Hawks before the Circuit Court and for the said County of St Clair holden at Belleville on the second monday of march in the year of our Lord Eighteen hundred and twenty four, recovered Judgment against Obadiah Osborn of Said County for the sum of one hundred & sixty one dollars and sixty two cents damages & Seven dollars and thirty Six and one half cents Costs of suit, as by the record of Said Court remaining therein will appear. And which Judgment the Said Philip Hawks took out an Execution in due form of Law on the twnety ninth day of April of the year aforesaid, directed to the Sheriff of Said County, and the said Sheriff Afterwards to wit, on the Seventeenth day of may of the year last aforesaid levied the Said Execution upon the property of the said Obadiah Osborn; and the said Obadiah Osborn, afterwards to wit, on the Said Seventeenth day of may replevied the Said Judgment with John M. Osborn, Henry Rhoades and Parker Jarvis his Securities, according to the law of this State as by the record of Said Court now ready to be shown will appear, inform following, to wit ‘Know all men by these presents that We Obediah Osborn and Parker Jarvis, Henry Rhoades, and John M. Osborn, of St Clair County and State of Illinois are held and firmly bound unto Philip Hawks his heirs Executors Administrators or Assigns in the just and lawful Sum of four hundred and Sixteen dollars and niney Eight cents, good and lawful money of the United States, for the payment of which to be well and truly made and done, we and each of us do bind ourselves, we and each of our heirs Executors and Administrators jointly Severally and firmly by these presents Sealed with our Seals and dated this 17^th day of May 1824. The Condition of the above obligation is Such, that whereas a writ of fieri facias was issued out of the Clerk’s office of the Circuit Court of St Clair County bearing date the 29^th day of April 1824 in the name of Philip Hawks against the Estate of the Said Obediah Osborn, for the Sum of one hundred and Sixty one dollars and Sixty two cents debt with interest to be computed thereon from the 10^th day of march last 1824 untill paid also the Sum of Seven dollars and thirty Six and one half cents, which Said Execution was levied on the Estate of the Said Obediah Osburn, and he being desirous of releasing the Same hath tendered the Said Parker Jarvis Henry Rhoades & John Osburn as his Securities in this replevin bond, now if the Said Obediah Osburn, or the Said Parker Jarvis, Henry Rhoades and John Osburn Shall well and truly pay the Amount of Said execution with legal interest thereon, with the Sheriff’s half commission and fees thereon and fifty cents for this bond Amounting in the whole to two hundred and Eight dollars & forty nine Cents on or before the 17^th day of may 1827 then the above obligation to be void and of no effect, else to be & remain in full force and virtue in law. Signed Sealed & delivered in the presence of Wm A Beaird.’ and Signed

‘Ob. Osborn {seal}
John M. Osborn {seal}
Henry Rhoades {seal}
Parker Jarvis’ {seal} and

And whereas Since the Said Execution of the Said replevin bond, the Said Philip Hawks departed this life and Anna Hawks thereafter took Administration of the goods and Chattels, rights and Credits of Said Philip Hawks, and after Ghe Said Administration was granted to her and before the Commencement of this Suit intermarried with James Brice, and the Said Anna brings into Court her Letters of Administration, and the Said Anna now Brice avows that the Said Judgment recovered as aforesaid, remains unpaid, unsatisfied and unreversed, And also that the Said Replevin bond is in full force unpaid unreversed, not set aside, vacated or changed and that the Said defendants have not paid the Same or either of them. You are therefore hereby commanded, that you Summon the Said Obadiah Osborn, John M. Osborn Henry Rhoades and Parker Jarvis, that they be and appear before our Circuit Court next to be holden at Belleville for and within our Said County, on the first Monday of August Next, then and there to Show cause if any they have why the Said James Brice and Anna his wife Administrators of Philip Hawks deceased Should not as Administrators have Judgment for execution on the Aforesaid Replevin Bond, and against the Said defendants: and have you then there thi; writ.

Witness The Hon^bleTheophilius W. Smith Judge of our said Court at Belleville
this Seventeenth day of August in the year of our Lord Eighteen hundred and twenty Seven
John Hay Ck”

[reverse side of Document 2]

“St. Clair County [Circuit] Ct

By virtue of the within writ to me directed I hereby certify to the Circuit Court within mentioned that the said Obidiah Osburn Henry Rhodes Parker Jarvis and John Osburn hath not any thing in my Bailiwick where or by which I could give them notice as by the said writ I am commanded nor is the said Obidiah Osburn Henry Rhodes Parker Jarvis and John Osburn found in the same so [Answers]
Retg — ..9

William A. Beaird
Sheriff of St Clair County

    v

Ret^bleAugt Term 1827″