Outlawry

Outlawry, in English law, means putting one out of the protection of the law, for contempt in wilfully avoiding execution of legal process. Formerly, in the common law courts, if the defender would not enter an appearance certain proceedings were taken to outlaw him, so as to allow the action to go on without his appearance. These proceedings, however, were abolished in 1879, and, in the majority of cases, it is immaterial as regards the action whether the defendant appear or not, provided he was properly served with the original writ of summons. After judgment a defendant against whom a capias was granted might be outlawed if the sheriff failed to find him. These forms of process are now obsolete. In criminal proceedings it is still possible to outlaw a person who cannot be found and arrested. But a criminal who flies the country may now, as a general rule, be made amenable to justice by applying to a foreign government for his Extradition (q.v.). Outlawry therefore is practically obsolete. See Stephen's Criminal Procedure. The effect of outlawry was that a man forfeited his rights, and was precluded from suing or defending in any English court; but the outlawry might be reversed by means of a plea or of proceedings in Error (q.v.).