Outlaw

In English law. One who is put out of the protection or aid of the law. 22 Viner, Abr. 316; 1 Phil. Ev. Index; Bac. Abr. "Outlawry;" 2 Sellon, Prac. 277; Doct. Plac. 331; 3 Bl. Comm. 283, 284.

In English Law. One who is put out of the protection or aid of the law. 22 Viner, Abr. 316; 1 Phill. Ev. Index; Bacon Abr. Outlawry; 2 Sell. Pr. 277; Doctr. Plae. 331; 3 Bla. Com. 283, 284. As used in the Alabama act of December 28, 1868, § 1, declaring counties liable for persons killed by an “outlaw,” it is not used in the strict common-law sense of the term, but merely refers in a loose sense to the disorderly persons then roving through the state, committing acts of violence; Dale Co. v. Gunter, 46 Ala. 118, 137. See Drew v. Drew, 37 Me. 389. If a party, after indictment, could not be found, the first process against him was a capias, in cases of treason or felony, or in misdemeanors, a venire facias, and then a capias. Following this is an alias and then a pluries writ After this the offender is put in four successive county courts. Upon the fifth, he is adjudged an outlaw. It is said that no man may kill an outlaw wilfully, but only in an effort to arrest him. A judgment of outlawry was a grave matter; it involved, not merely escheat and forfeiture, but a sentence of death. If the outlaw was captured, the justices sent him to the gallows uixm proof of the mere fact of outlawry. There were all manner of cases in which a man might ho outlawed without being guilty of any crime or any intentional contumacy. The exaction might take place in a county distant from his home. There was therefore great need for royal writs for inlawing an outlaw and many were issued. 2 Poll. & Maitl. 581. Outlawry for a misdemeanor docs not amount to a conviction for the offense itself. 4 Steph. Com. 317. The “minor outlawry” for “trespasses” did not involve sentence of death; otherwise of the higher crimes. 2 Poll. & Maitl. 581. See Exigent. It is still possible in England for a person accused of a criminal charge to be made an “outlaw”; Odgers, C. L. 1418; in civil act ieus it is abolished (1879); 4 Steph. Com. 317. When used with reference to a claim, as, a debt due on a promissory note, “outlawed” means barred by the statute of limitations; Drew v. Drew, 37 Me. 392.

To put out of the law, or out of the protection of the law.

In English law. One who is put out of the protection or aid of the law.

A person erty is thereby In early times he sight.

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.