Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-17
RICHMOND, AUGUST II. 1921.
FOR THE ENDvIRru

Foa THE ENQVIRE8.
N The General Court ickicb sat IN Jane last.
The .folto,c'nS points tcere among others, ad-
Judged:
|. That party indicted fora tres,yass with
force and arms, may he prosecuted to outlaw
ry: That the proper mode of proceeding to
outlawry i'll misdcmeanors and jeioRies. is to
issue capias, alias capias, and pluries capias,
ON each oi which the sheriff should return
not found before issuing the exgent -
whcreupon the exigent should issue, and if
sufficient number of county courts should not
intervene To enable the sheriff tn exact the de-
iendant at I'VE successive county courts, Il new
writ should issue, reciting the first, with the
sierif's return thereon, which ought To state
the manner in which 1t had been partially ex-
ecuted,) and requiring the party to be cXacted
from county court to county court. so that
with the first he be eXacted five times. after
which ftM exaction, and before he return day
81 The erigeni, the defendant should be out
iawed by the Judgment OF lie coroner of The
county, ,choSe name should appear by the re-
turn OF the sheriff. The court were also of
opinion that if errors have interviewed in the
service OF the process, it would not be proper
Tor the circuit court to look back into the re
cord for them, when motion is made for the
writ of capias utlagatum, but Notwithstanding
such errors the court. should award the writ, if
the return of the eXigent is accompanied by
such judgment OF outlawry as the law requires
1 the return does not shcw such Judgment, ii
cer;iorari may he directed To the sheriff and
coroner requiring them to certify their iudg-
'nent more fully, so as TO make IL conform TO
The truth Of the case.
Com vs. Hale, from Mononzaa.
Com, vs.. lla,serman, from hanawhu
: CUni. IS. Anderson, from do.
Note. The three foregoing cases were adj
lourned to the general court, principally in
consequence of lis being doubted whether the
coroner IN this country was to pronounce tie
Judgment of outawry, or whether il was To be
| entered as the judgment Of The court. The prac-
tce had been both ways. In England the
Judgment was always given by the coroner at
the fifth county court, upon the party's not
appearing upon the cXigent, and such iudg-
Inent is thus entered upon the sheriF's return +:
Therefore by the Judgment of A Il and G d,
gentlemen, c0roncrs of our said lord the king,
OF our said county of S, the said Z Il is ouI-
lawed." Which is signed by the sheriff, but
need not be signed by the coroner. See4T. II.
800, King VS.. audclls, where such return was
| auludged sufficient and one OF the defendants
sentenced to be hanged. This Judgment seems
TO have been pronounced by the coroner in
the county court: for which reason and he
cause the organization Of Our county courts is
so different from the English, and our act of
Assembly concerning coroners does not en-
brace h,S one among his duties, it was sup
posed by some that he could not in this state.
pronounce the Judgment of outlawrv. But the
general court after great consideration was Of
opinion that it could moi depart from the com
mon law mode of proceeding, however that
might have originated and the rather, be-
cause the substitution of any other mode,
would be attended with great difficulties ms
lor example, II the court pronounced the
Judgment, how was the writ Of error TO re-
verse it, for AN error of iaic, to be obtained !?
If being settled principle that the same court
cannot reverse ITS own Judgments for errors i'm
law. The whole subject is attended with DIFF
| hculties and ought To come before the legisIa-
ture II the defendant is taken on the capias
uilaSatum and the Judgment of outlawry is not
reversed, what is to he done with him Is fine
court to ascertain the term of his imprisou-
| ment. or jury and if the latter, how are
they to be summoned and sworn; and has the
dcfcndantthe right of challenge, Sc. LAWYERS
| VIII understand these difficulties, which in I'm
gland do not exist.
9. That money in the possession of q d,fen-
dGnt, may be taken IN erecution under writ
OF fsrl JaciGS issued against the goods and
chatteis of such defendant
Steele Go. vs.. Brown, adjourned from Ka-
nawha county.
8. That where money made under cxecu-
| ton is in the shcrifi's hands or is brouebt into
court according to the command of a writ
of ieri iacias, the court may direct il to be
paid over in satisfaction of another writ. in
the hands OF the said sheriff against the goods
and chattelsO ithe plaintiffs the first execution.
he hag'ng The legal and equitable right 10 re-
| cetUe the sumo. Ditto.
4. That the authority of the court TO make
such order, is not confined TO laws where suf-
fcIcDt effects of the defendant in the second
execution cannot otherwise be- found to salts
| fy the judgment but is a matter resting in
the sound discretion of the court. Idem.
D. An action of debt was brought in the Su-
pcrior Court Of Wythe county,by the assignee
of a single bill for S 100 81 cents. The
jury found verdict VS.. the defendant for g 8 I
81 cents, aud further found " that the debt
originally was s 100 81 cents, hut the defen-
1 dant claimed credit for 8 90 being so much
money proved to have been collected by the
GSsignor for the use of the defendant and not
| PAID tothc defendant, which credits aIowed."
| The defendants counsel prayed that no
| Judgment should be rendered, because the
court had no jurisdiction, but on the questions
being adjourned TO the General Court, it was
the opinion of all the judges present, that
judgment ought to- have been rendered.
Ferguson, assignee, SC. vs. lfigbley.
o. a constable levied an execution on pro-
perty supposed to be the property 0f the debt
or, but claimed by another person, and in
order to indemnify himself, took bond con
! ditioned " TO save harmless and indemnify
him the said VI. $. tine constablcj from all
charges, damages &C. for leyying the said ex-
ccutlon and proceeding to sell the property"
emitting to insert the clause required by the
act Of 1919, viz. and to pay and satisfy to
any person or persons claiming title to such
property, all damages which such person or