By The Bye
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In practice
Without process. A declaration is said to be filed by the bye when it is filed against a party already in the custody of the court under process in another suit. This might have been done, formerly, where the party was under arrest, and technically in the custody of the court; and even giving common bail was a sufficient custody in the king's bench.
1 Sellon, Prac. 228; 1 Tidd. Prac. 419.
It is no longer allowed. Archb. New Prac. C. The third letter of the alphabet. It was used on the ballots of Roman jurors to denote condemnation, being the initial letter of condemno. See "A." "C" is sometimes used for "t" in old records, as "tercia" for "tertia," and "tocius" for "totius."
Mag. Cart. 9 Hen.