| Volume 194, Page 331 View pdf image (33K) |
 |
|
|
 |
|
|
1 R. 3, CAP. 3, PRISONERS. 331 the double Value of the Goods so taken, to him that is so hurt in that behalf, by Action of Debt to be pursued by like Process, Judgment, and Execution, as is commonly used in other Actions of Debt sued at the Common Law; (6) and that no Essoin or Protection be allowed in any such Action; nor that the De- fendant in any such Action be admitted to wage or do his Law. Every Justice of Peace may admit a Prisoner to Bail. Rep. 3 H. 7, c. 3. I & 2 Ph. & M. c. 13. Escape of Felons inquirable by Justices of Peace. 1 Lutw. 132. Cro. El. 749. 43 Ed. 3, f. 24. Cro. 193. As to the first part of this Statute, see the note on 3 E. 1, c. 15, and as •to escapes, the note on 1 E. 2, Stat. 2. Forfeitures for felonies are now abolished, see Code, Art. 30, sec. 190;' but by the succeeding sections, the estate of any person convicted and sentenced to imprisonment in the penitentiary is made liable for repara- tion to the party injured, and afterwards for the expenses of the appre- hension, prosecution, &c., of the offender, and execution may issue for such reparation. The party injured may also maintain a civil action against the offender before or after conviction. Lord Coke, 3 Inst. 229, calls attention to the generality of the words "or other persons," and says, "First, before indictment the goods or other things of an offender cannot be searched, inventoried or in any way seized, nor after indictment seized and removed or taken away before conviction and attainder. Secondly, that the begging of the goods or state of any delin- quent, accused or indicted of any treason, felony, or other offence, before he be convicted and attainted, is utterly unlawful, because before conviction and attainder, as hath been said, nothing is forfeited to the king or grant- able by him. And besides, it either maketh the prosecution against the de- linquent more precipitate, violent and undue than the quiet and equal proceeding* of law and justice would permit, or else by some un- 952 derhand composition and agreement stop or hinder the due course of justice for exemplary punishment of the offender: and lastly, when the delinquent is begged it discourageth both judge, juror and witness to do their duty." An instance of an action on the Statute is Hill v. Langley, Cro. Eliz 749; the declaration alleged that the plaintiff being imprisoned upon suspicion of felony, the defendant took his goods before he was convicted or at- tainted contra formam statuti, and demanded the double value. After ver- dict for the plaintiff, it was moved in arrest of judgment that the declara- tion was bad in not alleging that they were seized for this cause, for if the defendant took them as trespasser, an action does not lie on the statute. But the Court held that it should be intended that he seized them for this, if none other was shown, and the addition contra formam, &c., explains it and makes it good if it were before ambiguous. And another instance is Osborne v. Wandel, T. Raym. 414, where trespass was brought, and where it was also held that money was goods within the Statute. As before ob- 1 Code 1904, Art. 27, sees. 457 et seq. See Md. Dec. of Rights, Art. 27;. U. S. Const., Art. 3, sec. 3., |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
| Volume 194, Page 331 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives