-§48 : 
courfe that, in civil aéttons, it iffues out 
of the court in which the original writ 
‘is made returnable ; and in criminal 
profecutions it is to be obferved, that the 
court of king’s-bench, either, on in-~ 
formations filéd, or on indiétments ori- 
ginally taken before them, or removed 
thither by cerécravi, may iffue procefs 
of outlawry Into any county of Eng- 
land, on a wow éff inventus-returcned by 
the fheriif of the county where he ts 
indiéted, and a ‘effatum that lies in fome 
ether county. . 
At commen law, joflices of Oyer 
and Terminer might iffue procefs of out- 
Jawry againft any perfon indicted before 
them, direéted to the fheritf of the 
fame county, where they held their 
felfion ; and by the ftatute 5 Ed. IIl. c. 
ti. they may iffue procefs of outlawry 
égainft perfons indicted, or, capias utlaga- 
fum; egainft perfons outlawed on an in- 
dictment of felony before them, into any 
gounty of England. 
. Juftices of peace may make out pro- 
éeis of outlawry on indi€tments taken 
before themfelves: and, by flatute 1 
Ed. IV. c. 2. om indiétments returned 
to them from the fheriff’s tourfe by vir- 
tue of that ftatute, which takes away 
from the fheriffs the power of iffuing 
fuch procefs. 
Lord Hale expreffes his opinion, that 
the coroner may make out procefs of 
outlawry againft a man indiéted by in- 
quifition before him. 
Juftices of gaol-delivery have not 
this power, their commilfion extending 
only to the delivery of the gaol, of pri- 
foners already in cuftody. 
The precefs to outlawry, that is, the 
“eapias and exigent muft be in the 
king’s name, and under the judicial 
feal of the king appointed to that court 
which iffues the procefs, and tefted in 
the name of the chief juftice, or chief 
judge of that court. 
At common law, in all indiétments 
of treafon or felony, one catzas only was 
required, and on the fheriff’s return of 
non eft inventus, a writ of exigent might 
be awarded. By the ftatute of 25 Ed. 
_AII. c. 14. where a man was indicted be- 
fore juftices at their feffions to hear and 
determine, and a return of on eff inven- 
tus was made on a capias, another was 
direGled to iffue, returnable three weeks 
after, with a ‘precept to feize his goods, 
and detain them till the precept returned, 
and 7f non eff inventus was again return- 
ed, the exigent was to awarded. 
Lord Hale obferves this ftatute does not 
— Law Department, —Outlawry. 
LES 
extend to treafon and murder ; and that 
therefore, in thefe cafes; notwithfand- 
ing, the exigent may iffue on wom eff in- 
ventus returned on the firft capias. He 
obferves farther, that it can hardly be 
applied to the king’s-befich, nor indeed 
to juftices who fit by commiffion, be- 
caufe the return of the fecond ‘capias 
is to be in three weeks, which may be 
out of term, or after the feffion. ~~ 
~Intrefpafs, and in all offences inferior 
to felony, the firft procefs at common 
law was wvenire facias, then a capias, and 
then the exigent. : 79 
In the reign of Henry VI. feveral- 
ftatutes were made, which, in the cafe 
where the party indiéted or appealed was. 
fuppofed converfant in another county 
than in that in which he was indiéted or 
appealed; after the firit captas, direéted 
the county where the party was fuppofed 
converfant, returnable in three months, 
with a precept to the iherift to make pro- 
clamation at two county courts for his 
appearance at the day cf the return, and 
then the exigent to 1ffue on‘his default. 
But lord Hale obferves, that thefe fta- 
tutes produced but little effeét, becaufe 
the party might.be named in the indict- 
ment as of the place where the fact was 
faid to be committed, and then the pro- 
cefs was to be. as at common law be- 
fore the ftatutes. 
In civil a€tions, if the fheriff return 
on the original writ, that the defendant 
48 not found in his bailiwick, the court to 
which it is returnable ifues a capias, 
then an alias, a pluries capias ; and on 
this laft, if the fheriff return xox 67? iz- 
ventus, then, and not till then, the writ 
of exigent iffues. : 
And in criminal cafes, though, per- 
haps, in ftriétnefs, only one capias be 
neceflary before the exigent be awarded, 
yet three have fometimes been iffued. 
By the writ of exigent, the fheriff is 
commanded to caufe the defendant to be 
required from county-court to county= 
court, till, according to the law of Eng. - 
land, he be outlawed if he do not appear ; 
and if he appear, then to taket im, and 
have his body in court at the return 
of the writ. 
By virtue of this writ, the fheriff is te 
caufe the defendant to be required at five 
fuccefive county-courts; and if there be 
not five courts between the /effe, that is, 
the date, and return of the writ, a new 
exigent iffues, founded on the fheriff’s 
“return to thé former, with a claufe di- 
feveral 
re€ling the fheriff to allow the 
county 
‘that a fecond fhould iffue to the theriff of _ 
~ 
