Outlaw

As used in Ala. act of Dec. 28, 1868, § 1, declaring counties liable for persons killed by an outlaw, &c., does not mean an outlaw in the strict commonlaw sense of the term, a person who has been adjudged by a regular judicial proceeding to be out of the protection of the laws. No such proceeding is known to the laws of Alabama. The term is used, in the act, in a loose sense, having reference to the disturbed condition of society at the time; and includes the lawless and disorderly persons then addicted to roving through the state in disguise, and committing, habitually, acts of violence and outrage.

Dale County v. Gunter, 46 Ala. 118, 137.

The word outlaw has a strict technical signification, and means a person who is put out of the law; that is, deprived of its benefits and protection. In earlier An outlaw was said caput genere lupinum, by which it was meant that any one might knock him on the head, as a wolf, in case he would not surrender himself peaceably when taken. He forfeited every thing he had, whether it was in right or possession.

Drew V. Drew, 37 Me. 389.

The maxim applicable to outlaws is, "let them be answerable to all, and none to them." Accordingly, any person outlawed is civi Utur martmis. He can hold no property given or devised to him; and all the property which he held before is forfeited. He can neither sue on his contracts, nor has he any legal rights which can be enforced; while, at the same time, he is personally liable upon all causes of action. He can, however, bring actions in autre droit, as executor, administrator, &c., because in such actions he only represents persons capable of contracting, and under the protection of the law.

Exp. Franks, 7 Bing. 767.