Henry Billings Brown

“ While a scire facias to revive a judgment is merely a continuation of the original suit, (Frierson v. Harris, 94 Amer. Dec. 223, notes,) a scire facias upon a recognizance, or to annual a patent, or for other similar purposes, is as much an original cause as an action of debt upon a recognizance, or a bill in equity to annul a patent. ”

“ Item 15, for making dockets and indexing, where no indictment is found, but the same is ignored by the grand jury, should be disallowed. 'A cause' in a criminal case is begun by filing an indictment which has been found, but not by one which has been ignored. ”

“ Recognizances may be taken either in open court, in which case a record entry of the fact is made upon the journal, or by a separate instrument, signed and acknowledged before a proper officer. In the one case the clerk is entitled to a fee for making the entry, and in the other for drawing and filing the recognizance, (U.S. v. Barber, 140 U.S. 164, 166, par. 3, 11 Sup. Ct. Rep. 749,) but not for both. A deduction should therefore be made from this item.
4. For making docket entries and indexes in cases of sci. fa. and other proceedings, where issue was joined, but no testimony given. ”