Anonymous

Decided July 1, 1793

<p>A RESCOUS was returned, by the sheriff, thus: Cepi corpus, prædict. A. et ut idem A. suit in custodia mea virtuti brevis præd. quousque B. C. et D. vi et armis on such a day and year, and at such a place, in E. et F. ballivos meos insultum fecere, vulneravere, et male tractavere, et A. de custodia mea ad tunc et ibidem rescussere.</p> <p>said that this is not a good return, for he does not shew any warrant made to his bailiffs.</p>

Decided 1793-07-01

Jones, J. and Whitlock, J.

¶1The prisoner is all edged to be in custodia of the sheriff, and they rescued him out of it; it is unnecessary to mention the warrant. The mentioning the bailiffs is surplusage and idle.

¶2Rolls. Then the rescous is not well returned; for the battery of the bailiffs is alledged vi et armis; and if this be surplusage, the rescous is not returned to have been vi et armis.

¶3Jones, J. One may rescue himself. A rescue may be returned without the words vi et armis.

¶4Rolls. Begging your pardon: I think not. Adjournatur, intratum U. 22. Jac. rot. 102.