oR 3 
Dev 
350 
- ance, becaufe the fherii 
-pofed to know in what fum the court 
capias ullag alum. 
ont Phe court of 
‘=.Made fimilar regulations, for. proceeding 
<2 fit fimilar cafes, ia their coutt :— 
“Differtation on Mr. 
‘mut have appeared in court, in perfon, 
for that purpofe. By that ft. § 3, no 
perfon outlawed by procefs iffuing out 
of the court of king’s-bench, for any 
éaufe, matter, or thing - whatfocever 
(treafon and felony only oe fhall 
be compelled to come in perfon into, or 
appear in perfon in, the faid court, to 
reverfe fuch outlawry, but may appear 
by attorney, and reverfe the fame without 
bail, when xo fpecial bazl thall be ordered 
bythe’ courts 
And by § 4, in all cafes where fpecial 
bail is not’ required by the court, the 
fheriff may take an attorney's engage- 
ment under his hand, to appear for the 
defendant, and reverfe the outlawry, and 
may then difcharge the defendant. 
Where fpecial bail is required, the 
theriff may take fecurity of the defend- 
ant, by bond, with one or more fureties, 
in the penalty of double the fum for 
which bail is-required, and no-more, for 
his appearance, by attorney, in the 
court at the return: of the writ, and so 
Ho and perform fuch things as fhall te re- 
guired by the court; and the fherif¥ may 
then difcharge the defendant. 
By § 5, if the defendant, where fpe- 
gial bail is required, cannot immedi- 
ately find bail, the fheriff may, at any 
fubfequent time, difcharge him, on find- 
ing bail to appear at fome return in the 
term then next following. 
It has been determined that. this 
ftatute does not extend to criminal cafes 
of mifdemeanors afer conviction ; and, 
probably; if the queftion were to-arife, 
it would alfo be determined, that it does 
not apply to criminal cates 4ejore appear- 
iF cannot be fap- 
will require bail to be given. It is alfo 
certain that it does nut apply to the cafe 
of a-perfon taken on capras utlagaiun 
after judgment in a civil action, becaufe 
dfier jadgment the defendant cannot be 
bailed at all. 
And. the fheriff is bound to require 
>*bail wherever there is an affidavit of the 
debt, though that may not have been 
made. before the outlawry, or though the 
fum fworn to be-not indorfed on the 
_common-pleas have 
Where the defendant dots not fuppofe 
he ‘can ‘reverfe-the outlawry. for any 
“efror apparegit on the record, ot error of 
faét not apparent, he may have it re- 
2 
Perry's Outlawry. fF Sup. 
verfed, where it is fottnded on “meéfne 
procefs, on payment of cofts, and putting 
the plaintiff in the fame fituation as if 
he had appeared to the aétion in the 
firft inftance; and, afier’ judgment, on 
“payment of debt and cofts; for outlawry, 
in civil actions, is’ confidered only as 
civil procefs, to compel an appearance” 
‘to the fuit, or, if after judgment, to pre- 
cure fatisfactidni®) V9 7) bone 
And if the procefs have heen abufed, 
and made fubfervient to purpofes of op- 
preffion, the court, on motion, will order 
the plaintiff to reverfe the cutlawry at 
his. own-expence. 917g pe 
‘‘ An outlawry,” fays Lord Coke, 
** may be reverfed two manner of ways 5 
by plea, or by writ of error: by plea, 
where the defendant cometh in upon the 
capias utlagaium, &e, he may, by plea re- 
verfe the fame for matters apparent, as. 
in refpe&t of a fuperfedeas, omifiion of 
proceis, variance, or other matter appa- 
rent inthe record ; and yet, in thefe cafes, 
fome hold, that in another term the de- 
fendant is driven to his writ of error. 
—But for any matters in faét, as death, 
imprifonment, fervice of the king, Xc. 
he is driven to his writ of error, unleis 
it be in cafe of felony, and there, in fa- 
vour of life, he may plead ir.” 
- Outlawry for treafon cannot, be avoid- 
ed-on the ground of the party being out 
of the realm ; for by ft. 26 H..8. ¢. 13. 
and 5 & 6 Ed. 6. c. 11. procefs of out- 
lawry againft any for treafon, who is out 
ef the realm, fhall be as good as if then 
refident in the realm; but, by the latter 
fiatute, if the defendant within one 
year after the outlawry yield himfelf te 
the chief juflice, and offer to traverfe the 
mdictment on which he was outlawed, 
he {hall be admitted fo to do, and being 
acquitted of the indi€tment, fhall be dif- 
charged of the outlawry. 
On this latter branch of the ftat. Ed. 
6. it has been deteymined, that a perfon 
outlawed for not appearing to an indiét- 
ment for high ’treafun, and taken within 
the year, may bexbrought by habeas corpus 
intg.the court of king’s bench, and there 
furrender himfelf formally to the chief 
juftice, and’ offer to traverfe the imdiét- 
ment ;‘and’ on the indiétment. and out- 
lawry being brought into * court, may 
plead his -having been beyond fea-at the 
time of the outlawry, dnd if the iffue be 
found for him, the outlawry’ fhall be 
raverledc () jo. 7 V3 AE Aes Oe ee 
“Previous to the third year of queen 
Ann, itis faid.te have beém held, rhat a 
WIC 
