unless bail bring in the principal before judgment, pay costs, &c. Court against the bail. And in case no just cause is shown, judgment shall be given against them for the damages and costs recovered against the principal, with additional damages and cost, and execution shall be awarded against them accordingly: Provided nevertheless, That if the bail shall bring his principal into Court before judgment is given upon the scire facias, and there deliver him to the order of the Court and shall pay the costs which may have then arisen upon the scire facias, then the bail shall be discharged; and the principal shall be committed to gaol, there to remain for the space of fifteen days in order to his being taken in execution. And if the creditor shall not, within fifteen days next after the surrender of the principal take him in execuken in execu- tion, the Sheriff shall discharge him upon his paying the legal prison fees. Debtor discharged from gaol unles ta tion in 15 days. Proceedings in case of bail in actions before a Justice. Bail may bring any SEC. 4. Be it further enacted, That whenever bail shall hereafter be taken on mesne process in any civil action, triable before Justice of the Peace, and there shall have been a return of non est inventus upon the execution which issued on a judgment rendered on such process, the said Justice may proceed, within one year from the rendition of such judgment, to issue a scire facias upon the same judgment against such bail, which writ being duly served seven days. at least before the time therein set for trial and returned, the said Justice may proceed to take cognizance thereof; and if no just cause is shown to the contrary, to render judgment against such bail for the debt or damage, and costs recovered against the principal, with additional damages and costs and to issue execution accordingly. And it shall be no bar to such scire facias, that the debt and costs on the original judgment, when added together, exceed the sum of twenty dollars; but the plaintiff shall be entitled to receive his costs of suit as in other cases on such scire facias. SEC. 5. Be it further enacted, That if the bail shall, at any time before final judgment upon the original suit is rendered against him, or upon the return of such scire facias, and before judgment thereon shall be rendered against him, bring his principal before such Justice, and shall procure the Sheriff of the county, or his deputy, or any Constable of the town wherein such Justice may reside, to attend and re commit him to charged, pay ceive him, said Justice shall thereupon order him into the Justice may 'custody of such officer; and the principal shall be commit- such officer, ted to gaol, and there remain and be proceeded with as is and bail be disprovided in this Act; and upon the payment of the costs ing costs: which may have arisen on such scire facias, the bail shall be discharged from their suretyship as in other cases. Justice to give ficer. SEC. 6. Be it further enacted, That when any principal, In such case surrendered as aforesaid, shall be ordered into custody, the mittimus to of said Justice shall make out, and deliver to the officer receiving him, a warrant or mittimus, of the tenor following, to wit: State of Maine. SS. To the Sheriff of the county of deputy, or to any Constable of the town of Keeper of the gaol in said county, timus. (SEAL.) Whereas A. B. of C. in said county [addition] at Form of mita Court this day holden before me, has been surrendered by D. E. of F. in said county who was bail for the said A. B. in an action wherein one G. H. was plaintiff and the said A. B. was defendant, you, the said Sheriff, Deputy Sheriff, and Constable, are severally required to receive the said A. B. into your custody, and him forthwith to convey to the common gaol of said County; and you the said keeper are hereby required to receive the said A. B. in order to his being taken in execution upon the suit aforesaid. Hereof fail not; and of this warrant and your doings thereon, you are to make due return to myself, and as soon as may be. Given under my hand and seal, the day of Anno Domini Justice of the Peace. Debtor, if not cution in 15 And if the plaintiff shall not within fifteen days next after such surrender, in case the same shall be made upon scire taken in exefacias, or if the same shall be made upon the original process, days to be dis then within fifteen days next after final judgment, take the charged. said principal in execution, he shall be discharged upon his paying the legal prison fees. person or ficer's refusing to attend be SEC. 7. Be it further enacted, That it shall be the duty of Penalty for oíany officer as aforesaid upon the of such request persons being bail as aforesaid, to repair to said Justice's fore Justice Court, in order to receive the principal as aforesaid; and such officer shall be allowed and paid by the bail for his re Limitation of scine facias against baik Remedy of bail against principal. ceiving and committing said principal on said warrant or mittimus, the same fees as are provided by law for committing any defendant to prison on mesne process. And all and every such officer or officers, shall have the like power and authority, and shall be under the like obligations in all respects and regards whatsoever, to execute and return such warrant or mittimus, issued by such Justice, upon the surrender as aforesaid, as he or they by law have and are under to execute and return any writ or execution whatever; and shall be subject and liable to all the like action or actions, for any fraud or falsehood and neglect of their duty, as is provided by law in other cases. SEC. 8. Be it further enacted, That no scire facias shall be served upon the bail, unless it be done within one year next after the entering up final judgment against the principal. SEC. 9. Be it further enacted, That the bail may have their remedy by action on the case against their principal for all damages sustained by their becoming his sureties. [Approved March 19, 1821.] :00: Who may admit persons to bail. bailed. BE CHAPTER LXVIII. An Act respecting Bailable Offences. E it enacted by the Senate and House of Repre sentatives in Legislature assembled, That any one or more of the Justices of the Circuit Court of Common Pleas, or any two Justices of the Peace and of the quorum for any county, on application made to them by any person who now Who may be is, or hereafter may be, confir.ed in gaol for a bailable offence, or for not finding sureties, on recognisance, may proceed to inquire into the same, and admit any such person to bail; and for this purpose shall have and exercise the same power concurrently, which any one or more of the Justices of the Supreme Judicial Court, may or can do; any law, usage or custom to the contrary notwithstanding. And the power power to bail. hereby given shall be considered to extend to taking the recognisance of any person, committed after conviction, where Extent of the the sentence is in part, or in whole, to find sureties for good behaviour. [Approved March 10. 1821.] CHAPTER LXIX. An Act directing and regulating the Process of Outlawry. SEC. 1. BE it enacted by the Senate and House of Repre of outlawry. sentatives, in Legislature assembled, That when any per- Persons liable son that now is charged, or hereafter shall stand charged of to the process any criminal offence before the Supreme Judicial Court of this State, by the indictment or presentment of a Grand Jury, whether the same indictment or presentment be originally found in that Court, or removed thither from any inferior jurisdiction, by appeal, or writ of certiorari, shall abscond to avoid answering, or abiding and performing the judgment that may be given thereon, whether such absconding be before or after the Jury shall indict or present the offender, and nature of a writ shall issue to the Sheriff of the county where such of Form of writ fender was an inhabitant or resident, at the time of finding proceedings athe same bill, directing him to make known unto such of gainst him. fender, that unless he shall appear on the first day of the next sitting of the said Supreme Judicial Court, and there traverse the same charge, and abide the judgment that may be given thereon, or appear and give such security therefor by way of recognisance as the said Court shall order, such person will then and there be declared an outlaw, and be subjected to all the penalties and disabilities in this Act declared to be incident to a person under sentence of outlawry, and the mode of executing the said writ of scire facias shall be, by leaving an authenticated copy thereof certified by the Sheriff at the offender's dwelling house or last place of abode, sixty days at the least before the same process shall be returnable, and shall cause an abstract or notification of the subject matter in the same writ mentioned, sixty days before the return day at the least, to be printed in one of the most public weekly newspapers, and to be continued five several weeks inclusive; and shall cause him to be publicly called in every Circuit Court of Common Pleas in his county, that shall be holden while the same process shall be in his custody; which writ of scire facias being served and returned in manner aforesaid, and filed in Court, shall be entered on the docket, and the party against whom the same is sued, after having been publicly called in the When a person has appeared and without leave against him. said Supreme Judicial Court, to appear and answer the charge alleged against him as aforesaid; if he shall not appear upon such notice and proclamation, his default shall be recorded, and such offender may by the same Court be declared an outlaw, without any other act or ceremony; any former law usage or custom to the contrary notwithstanding: Provided always, It shall be in the power of the said Court, when the offence charged shall be by law bailable, to continue the same scire facias, or suspend passing judgment of outlawry thereon, until the next or some succeeding term, in case sufficient bail shall be given for the offender's answering and abiding the judgment of the said Court thereon. And that it may regularly and certainly be determined when a person may be said to have absconded to escape punishment: SEC. 2. Be it further enacted, That any person after having appeared and pleaded to an indictment or presentment, pleaded to in- who shall have departed without leave of the Court, or dictment, &c. and departed shall have broken gaol after commitment upon, and before -proceedings conviction on the charge alleged in the bill, or shall fail or neglect to appear and answer according to the tenor of a recognisance regularly taken for that purpose, or when the Sheriff of the same county whereof the offender was an inhabitant, or resident at the time of his committing the offence for which he shall stand indicted, or his deputy, shall make return upon a capias issued in consequence of the bill, wherein the term of four months at the least shall have elapsed, between the issuing the capias and the return day thereof, that after making diligent search and inquiry after such offender, he could not find him in his precinct, shall be deemed and taken as sufficient evidence of the absconding of such person within the intent of this Act. If non est in C. C. Pleas SEC. 3. Be it further enacted, That a capias and an alias ventus be re- capias issued from the Circuit Court of Common Pleas, on turned on the a bill of indictment or presentment there found, wherein fifcapias and alias capisc. ty days at the least shall have elapsed between the issuing and return of the same writs respectively, and returned by the proper officer, that after diligent search and inquiry after such offender he could not find him in his precinct, before the removal of the record into the Supreme Judicial Court, shall render the issuing a like process in the Su no like process need issue from S. J. Court. |