not to offences made felonies by statutes subsequent to this statute. 2 Haw. c. 33. § 49. Where a person is outlawed, the defendant may shew all the Person outlawmatter and outlawry returned of record, and demand judgment if ed cannot be plaintiff. he shall be answered, because he is out of the law, to sue an action during the time that he is outlawed. 1 Inst. 128. It seems to be a good challenge of a juror, that he is outlawed Cannot be a either for a criminal matter, or as some say in a personal action; juror. but not a principal challenge, but only to the favour, unless the record of the outlawry be produced. 2 Haw. c. 25. § 16. c. 43. $ 25. But it seems clear that outlawry in a personal action is not a May be a witgood exception against a witness, as it is against a juror. 2 Haw. ness. C. 46. § 21. An outlawed person may make a will, and have executors or May make a administrators. Cro. El. 575. And an executor may reverse the outlawry of the testator, where he was not lawfully outlawed. 1 Leon. 325. Outlawry may be reversed several ways; as by procuring a supersedeas, and delivering it to the sheriff before the quinto exactus, or by shewing any matter apparent on record which makes the outlawry erroneous, as the want of an original, or the omission of process, or want of form in a writ of proclamation, or a return by a person appearing not to be sheriff, or a variance between the original and exigent or other process, or by a misnomer, or want of addition. 2 Haw. c. 50. pray the allowance And upon a writ of error upon an outlawry in felony, the party outlawed must render himself in custody, and of the writ of error in person; and if the outlawry be reversed, he shall be put to answer the indictment. 2 Hale, 209. will. Reversing out. lawry. In what case the party must appear per sonally to re verse it. But by the 4 & 5 W. 3. c. 18. one outlawed except for treason or 4 & 5 W.3. felony, need not appear in person to reverse an outlawry, but may c. 18. appear by attorney. 2 Salk. 496. process. There is another kind of process out of a court of record Other kinds of against offenders, called attachment, which is generally for contempt; which belongs to title Attachment, Vol. I. The process against jurors, may be seen in the title Jurors, ante. Forms of Process; and First of a Venire. GEORGE the Fourth, by the grace of God, of the united the day of in the And upon this venire, if the defendant be returned sufficient, and maketh default, then a distringas shall be awarded, and so the same process infinite, until he come in: but if a nihil habet be returned at the first, then after the venire there shall go out a capias, alias, pluries, and exigent. Dalt. Sher. 160. Form of a Distringas. GEORGE the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith. To the sheriff of the county of greeting. We command you, that you omit not, by reason of any liberty in your bailiwick, but that you enter the same, and distrain A. O. of in your county, yeoman, by all his lands and tenements, &c. and that you answer for the issues thereof, &c. and that you have his body before our justices assigned [and so on as before in the venire.] But if a nihil (as hath been said) be returned at first upon the venire facias; then a capias shall issue thus; GEORGE the Fourth, by the grace of God, of the united king dom of Great Britain and Ireland, king, defender of the faith. To the sheriff of the county of greeting, We command you that you omit not, by reason of any liberty in your bailiwick, but that you enter the same, and take A. O. of in your county, yeoman, if he shall be found in your bailiwick, and him cause to be safely kept, so that you have his body before our justices assigned to keep our peace, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, at in your county, on the day of next ensuing, to answer unto us concerning divers trespasses, contempts, and offences, of which he is indicted. And have you there then this writ. K. P. at Witness J. P. and in the At which day A. S. knight, sheriff of the county aforesaid, returned that he is not found in his bailiwick, and he did not come. Therefore it is commanded as before. Note; The cause why the entry is made, and he did not come, is, because the party may appear voluntarily, and so avoid the attachment or arrest of his body. before). At which day (as before); and he did not come. Therefore it is commanded to the sheriff, as it hath been ofien commanded, &c. The Pluries Capias. GEORGE, &c. The sheriff, &c. We command you, as we have often commanded you, that you omit not (as before). At which day A. S. knight, the sheriff aforesaid, returned, that the aforesaid A. O. not come. Therefore it manded, &c. appear, is not found in his bailiwick, and he did is commanded, that you cause to be de The Exigent. GEORGE, &c. To the sheriff, &c. greeting. We command you that you cause A. O. of in your county, yeoman, to be demanded, until by the law and custom of our kingdom of England he be outlawed, if he shall not appear; and if he shall take him and cause him to be safely kept so that then you that you have his body before our justices assigned to keep our peace, and also to hear and determine divers felonies, trespasses, and other misdemeanors in your said county committed, at the general quarter sessions of the peace of your county, next after the feast of next ensuing, to be held, wheresoever in the same county the said sessions shall happen to be holden, to answer unto us of divers trespasses, contempts, and offences, of which he is indicted. And have you then there this writ. Witness Sir J. P. baronet, in the said county, the year of our reign. at the day of in At which day A. S. knight, sheriff of the county aforesaid, returned, that at the county holden at in the the day of year of the reign of our lord the king, that now is, and so at four other counties then next following there holden, the aforesaid A. Q. was demanded, and did not appear. Therefore, by the judgment of the coroner of our said lord the king, in the county aforesaid, he was outlawed. The Capias Utlagatum. but that you take A. O. late of GEORGE, &c. To the sheriff, &c. greeting. We command you that you omit not, by reason of any liberty in your county, , in your county, labourer, if he shall be found within your county, and him cause safely to be kept, so that you have his body before the keepers of our peace and our justices assigned to hear and determine divers felonies, trespasses, and other misdemeanors in your county committed, at -day of to stand right in our court before our justices aforesaid, upon a certain outlawry against him the said A. O. promulgated, at our suit, for certain felonies (or trespasses) whereof he is indicted. And have you then there this Witness, &c. writ. the Profaneness. See Blasphemp, Vol. I. 48 G. 3. c. 88. Promissory notes for less BY 15 Geo. 3. c. 51. various provisions were made to restrain the negotiation of promissory notes and inland bills of exchange, under a limited sum in England; but doubts having arisen as to the power of justices of the peace to hear and determine offences under that act, By 48 Geo. 3. c. 88. § 1. the said act of 15 Geo. 3. was repealed, and by § 2. it is enacted, that all promissory or other notes, bills than 20s. void. of exchange or drafts, or undertakings in writing, being negoti able or transferable for the payment of any sum or sums of money, or any orders, notes, or undertakings in writing, being negotiable or transferable for the delivery of any goods, specifying their va lue in money, less than the sum of twenty shillings in the whole, heretofore made or issued, or which shall hereafter be made or issued, shall after the 1st day of October, 1808, be and the same are hereby declared to be absolutely void and of no effect; any law, statute, usage, or custom, to the contrary thereof in anywise notwithstanding. Persons uttering such notes or bills for less than 20s, &c. shall forfeit not 3. If any person shall after the 1st day of July, 1808, by any art, device, or means whatsoever, publish or utter any such notes bills, drafts, or engagements as aforesaid, for a less sum than 20. or on which less than the sum of 20s. shall be due, and which exceeding 201. shall be in anywise negotiable or transferable, or shall negotiate nor less than 51. or transfer the same, every such person shall forfeit and pay, for every such offence, any sum not exceeding 201. nor less than 5 at the discretion of the justice of the peace who shall hear and determine such offence. Justices em and determine offences. § 4. It shall be lawful for any justice of the peace, acting for powered to hear the county, riding, city, or place within which any offence against this act shall be committed, to hear and determine the same in a summary way, at any time within 20 days after such offence shall have been committed; and such justice upon any information exhibited or complaint made upon oath in that behalf, shall summon the party accused, and also the witnesses on either side, and shall examine into the matter of fact, and upon due proof made thereof, either by the voluntary confession of the party or by the oath of one credible witness or otherwise, (which oath such jus tice is hereby authorised to administer) shall convict the offender, and adjudge the penalty for such offence. Penalty on wit nesses not at tending. 5. If any person shall be summoned as a witness to give evidence before such justice either on the part of the prosecutor or the person accused, and shall neglect or refuse to appear at the time or place to be for that purpose appointed without a rea sonable excuse for such his neglect or refusal, to be allowed by such justice, then such person shall forfeit for every such offence, the sum of 40s., to be levied and paid in such manner and by such means as are directed for recovery of other penalties under 48 G. 3. c. 88, this act. § 6. Enacts, that the justice before whom any offender shall be convicted as aforesaid, shall cause the said conviction to be made out, in the manner and form following; (that is to say), BE it remembered, that on the day of in the year of Form of conour Lord-A. B. having appeared before me [or, us] one [or viction. more] of his majesty's justices of the peace [as the case may be] for the county, riding, city, or place [as the case may be], and due proof having been made upon oath by one or more credible witness or witnesses, or by confession of the party [as the case may be] is convicted of [specifying the offence]. Given under my hand and seal [or, our hands and seals] the day and year aforesaid. which conviction the said justice shall cause to be returned to the Convictions to then next general quarter sessions of the peace of the county, be returned to riding, city, or place where such conviction was made, to be filed the quarter by the clerk of the peace, to remain and be kept among the records of such county, riding, city, or place. sessions. § 7. Provides, that it shall be lawful for any clerk of the peace Clerks of the for any county, riding, city, or place, and he is hereby required, peace to give upon application made to him by any person or persons for that copies of conpurpose, to cause a copy or copies of any conviction or convictions victions on payfiled by him under the directions of this act, to be forthwith delivered to such person or persons upon payment of one shilling for every such copy. § 8. Enacts, that the pecuniary penalties and forfeitures hereby incurred and made payable upon any conviction against this act, shall be forthwith paid by the person convicted, as follows: one moiety of the forfeiture to the informer, and the other moiety to the poor of the parish or place where the offence shall be committed; and in case such person shall refuse or neglect to pay the same, or to give sufficient security to the satisfaction of such justice to prosecute any appeal against such conviction, such justice shall by warrant under his or their hand and seal, or hands and seals, cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale, returning the overplus (if any) to the owner; and which said warrant of distress the said justice shall cause to be made out in the manner and form following; (that is to say), To the Constable, Headborough, or Tythingman of WHEREAS A. B. of of in the county of· ment of 1s. How penalties shall be levied and applied. Form of the warrant of is distress. this day convicted before me [or us] one [or more] of his majesty's justices of the peace [as the case may be] for the county [or, for the riding of the county of York, or for the town, liberty, or district of as the case may be] upon the oath of a credible witness or witnesses [or, by confession of the party, as the case may be] for that the said A. B. hath [here set forth the offence] contrary to the statute in that case made and provided, by reason whereof the said or |