be inserted in bail, &c. 15 mit principal, officer who served the writ, shall return the bail bond taken by him, with the original writ to the Court or Justice before whom the same may be returnable, and if judgment be obtained against the defendant, in any such action, the Clerk of the Name of bail to Court or Justice of the Peace who may issue execution on said margin of exejudgment, shall on the margin of said execution insert the cution. names of the persons who became bail in said action, with the places of abode, and addition of said bail: Provided, The officer to notify same be named in the bail bond, and the officer who may re- days before re ceive said execution shall notify the bail personally, or by turn day. leaving a written notice signed by said officer, at the usual places of abode of the bail, if living within the county in which said officer lives, at least fifteen days before the expiration thereof, certifying that he cannot find the principal debtor, nor whereof to satisfy said execution, for which notice, said officer Officer's feet. shall have a right to demand, recover and receive of, and from said bail the usual fees for service of writs, with travel from the officer's dwelling house to that of the bail, calculated on the road most usually travelled, and shall minute in said notice the amount of said fees, which the bail shall pay in twenty days, unless the bail shall at least one day before the execution is returnable, produce and deliver to the officer the principal debtor for whom bail was given; and it shall be lawful Bail may comfor the person, who may have become, or may hereafter be- &c. come bail, to commit to the common gaol in the county where such arrest was made, or in that to which the writ is returnable, the principal for whom he has become bound, leaving with the gaoler or prison keeper of such county within fifteen days after such commitment, an attested copy of the writ or process, whereby the arrest was made, and of the return endorsed; and such gaoler or prison keeper is hereby authorized Duty of gaoler. and required to receive the person so committed into custody, in the same manner as if he had been committed by the officer making the arrest; and the person so committed shall be entitled to the liberties and privileges of the prison limits upon the same terms and conditions, and under the same restrictions as are provided where the principal is committed by order of Court. And the bail so committing their principal shall ever after be discharged from the bail bond by them given: Provided however, That no person shall have the ben- Proviso. efit of the foregoing provision of this Act, unless he shall have committed his principal as aforesaid, before final judgment upon scire facias; and if the commitment shall have been made after the writ of scire facias shall have issued he shall pay the costs of that suit before he shall be discharged: And provided also, That any bail, who shall claim a discharge under this section, shall have notified in writing the plaintiff in the original suit or his attorney, of the time when and the place where the principal has been committed, within fifteen days from the time of such commitment. SEC. 2. Be it further enacted, That every person who shall principal into discharged. Bail may bring thus become bail, may at any time before final judgment upon Court and be the original suit, bring the principal into Court and deliver him into the custody thereof, and be thereby discharged of his suretyship. And in case of the principal's avoidance and the Bail liable if return of non est inventus upon the execution, the bail shall be principal avoid obliged to satisfy the judgment out of his own estate, unless he shall have discharged himself in some one of the modes provided in this Act. And no return of non est inventus made by any officer on any execution shall be considered as evidence of the debtor's avoidance so that the bail may be rendered liable on scire facias, unless such officer shall certify on such execution, that he has had the same in his hands at least thirty days before the expiration thereof. No return of avoidance good tion is in off days before re unless exeen cer's hands 30 turn day. Plaintiff may against the bail, SEC. 3. Be it further enacted, That when the principal have scire facias shall avoid, so that his goods, chattels or lands cannot be and judgment, found to satisfy the execution, nor his body found to be taken therewith, the person for whom judgment was given shall be entitled to his writ of scire facias from the same 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 Baol unless tak. shall not, within fifteen days next after the surrender of the en in execution principal take him in execution, the Sheriff shall discharge him upon his paying the legal prison fees. unless bail bring in the principal before judgment, pay costs, &c. Debtor dis charged from in 15 days. Proceedings in case of bail in a Justice. SEC. 4. Be it further enacted, That whenever bail shall actions before hereafter be taken on mesne process in any civil action, triable before any 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 & 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, principal before cure an officer SEC. 5. Be it further enacted, That if the bail shall, at any Bail may bring time before final judgment upon the original suit is rendered Justice and proagainst him, or upon the return of such scire facias, and before to attend; 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 receive him, said Justice shall thereupon order him into the custody of such Justice may officer; and the principal shall be committed to gaol, and such officer, and there remain and be proceeded with as is provided in this ed, paying Act; and upon the payment of the costs which may have arisen on such scire facias, the bail shall be discharged from their suretyship as in other cases. commit him to bail be discbarg costs, &c. Justice to give SEC. 6. Be it further enacted, That when any principal, In such case surrendered as aforesaid, shall be ordered into custody, the mittimus to 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. To the Sheriff of the County of , or his dep uty, or to any Constable of the town of , and to the Keeper of the gaol in said County, Greeting. offieer. mus. (SEAL.) Whereas A. B. of C. in said County [addition] at Form of mittia 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 Anno Domini Justice of the Peace. day of taken in execu to be discharg And if the plaintiff shall not within fifteen days next after Debtor, if not such surrender, in case the same shall be made upon scire fa- tion in 15 days cias, or if the same shall be made upon the original process, ed. then within fifteen days next after final judgment, take the said principal in execution, he shall be discharged upon his paying the legal prison fees. SEC. 7. Be it further enacted, That it shall be the duty of any officer as aforesaid upon the request of such person or persons being bail as aforesaid, to repair to said Justice's Court, in order to receive the principal as aforesaid; and such officer shall be allowed and paid by the bail for his receiving 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 Penalty for offi cer's refusing attend before to Justice. Limitation of scire facias against bail. Remedy of bail pal. 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. SECT. 9. Be it further enacted, That the bail may have ainst princis their remedy by action on the case against their principal for all damages sustained by their becoming his sureties. [Approved March 19, 1821.] mit persons to bail. Who may be bailed. -:0: CHAPTER LXVIII. An Act respecting Bailable Offences. BE it enacted by the Senate and House of Representa Who may ad- tives, 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 is, or hereafter may be, confined in gaol for a bailable offence, or for not finding sureties, on recognizance, 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 hereby given Extent of the shall be considered to extend to taking the recognizance of any person, committed after conviction, where the sentence is in part, or in whole, to find sureties for good behaviour. power to bail. Persons lable to the process of outlawry. [Approved March 10, 1821.] :00: CHAPTER LXIX. An Act directing and regulating the Process of Outlawry. SEC. 1. BE it enacted by the Senate and House of Representa lives, in Legislature assembled, That when any person that now is charged, or hereafter shall stand charged of 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 and nature of against him. the Jury shall indict or present the offender, a writ shall is- Form of writ sue to the Sheriff of the county where such offender was an proceedings inhabitant or resident, at the time of finding the same bill, directing him to make known unto such offender, 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 recognizance 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 dwel ling 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 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 of fender'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: has appeared and departed proceedings SEC. 2. Be it further enacted, That any person after hav- When a person ing appeared and pleaded to an indictment or presentment, and pleaded to who shall have departed without leave of the Court, or shall indictment, &c. have broken gaol after commitment upon, and before conviction without leave on the charge alleged in the bill, or shall fail or neglect to against him. appear and answer according to the tenor of a recognizance regularly taken for that purpose, or when the Sheriff of the same county whereof the offender was an inhabitant, or resi dent at the time of his committing the offence for which he |