Garner v. Chambers

While in England and in some jurisdictions of the United States a criminal bond or recognizance could be enforced by an action on the bond or an action on the debt, as early as the thirteenth century, 13 Edw. I, é. 45, the writ of scire facias came into use by statute and was employed for this purpose, and so far as we have been able to ascertain from an exhaustive search of the cases, proceeding by scire facias was the only method ever employed in Georgia. This procedure consisted of forfeiting the bond or recognizance by the issuance of a rule nisi over the judge’s signature, the scire…