A SCIRE FACIAS, for execution in the Circuit Court on a justice’s’ judgment, cannot be issued in term time and made returnable instanter.

The statute authorizing such writ,-requires that' the defendant shall be'notified to appear at the next term after'the writ issues and show cause, &c.:; which is in conformity: with the general provision of the practice act, requiring all-process to bé made returnáble to the first day of the next term.