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Of Proceeding against Prisoners in the Cuftody of the Marshal.

A prifoner once fuperfedeable is alfo fo with respect to the plaintiff himself in that caufe, but not as to third perfons; for by them, fo long as he is in actual cuftody, he may be charged as a prifoner. Burr. 4 pt. 1048.

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Of Proceeding against Prisoners in the Custody of the Warden of the Fleet.

If a capias is returned non eft invent. against a prisoner in the Fleet, he must appear on an habeas corpus ad refpondendum, as well at the fuit of a ftranger as at his fuit whereon he is imprisoned, and receive a declaration. Mich. 1654. S. 13.

After an irregular declaration against a prifoner, the plaintiff cannot declare de novo, unless the prifoner is in cuftody at another person's fuit. Pract. Reg. 328.

It is faid in Pract. Reg. 328. to be the conftant practice, to have four entire law days, after the two terms, to deliver declarations against prifoners, and give a rule to plead. So, where the declaration was delivered on Monday the fifth day after the term, it was held well. But quære, as to this practice.

But where a declaration is irregularly delivered, the prifoner muft complain thereof before judgment. Pract. Reg. 329.

Of Proceeding against Prisoners removing themfelves when charged with Process,

Fa prifoner in the Marfhalfea, on mefne process, removes

against him, the plaintiff then muft declare in C. B. and cannot proceed further in B. R. unless he brings the defendant back there by habeas corpus ad refpondendum. Att. Prac. 332, 341.

But if a prifoner in the cuftody of the marshal, after being charged with a declaration in B. R. removes himself to the Fleet, the plaintiff muft proceed to judgment in B. R. and then bring the defendant back by habeas corpus ad fatisfaciendum to be charged in execution in B. R. Att. Pract. 832.

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And note-That, if upon the defendant's removal from B. R. to C. B. before the plaintiff has declared the plaintiff does not declare within the two terms, the defendant's application for a fuperfedeas must be made to C. B.

But if he removes, after being charged with a declaration, [and not brought back by habeas corpus] then, for want of not being charged in execution in due time, &c. he must apply for a fuperfedeas to B. R. Barnes 384, 5.

If two writs of habeas corpus iffue out of B. R. and the other out of C. B. Where the person is in a gaol, the writ which is firft ferved fhall have the body; and the prifoner may afterwards, by another writ, remove himself into the other court, but then he muft plead firft.

A prifoner, furrendered by bail, was fuperfeded, because charged in the fame court after he had removed himfelf. Stra. 1153.

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Of Proceeding against Prisoners removing themfelves when charged with Process.

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Fa prisoner in the Fleet removes himself to the Marshalfea, before the plaintiff has declared, the plaintiff must declare in B. R. and cannot proceed further in C. B. unlefs he brings the defendant back by habeas corpus ad refpondendum.

And if a prifoner in the Fleet, charged with a declaration in C. B. removes himself afterwards to the Marshalfea, the plaintiff muft proceed to judgment in C. B. and then carry him back by babeas corpus ad fatisfaciendum, to charge him in the Fleet.

And note-That if, upon the defendant's removal from C. B. to B. R. before the plaintiff has declared, the plaintiff does not declare within the two terms, the defendant's application for a fuperfedeas must be to B. R.

But if he removes, after being charged with a declaration [and not brought back by habeas corpus] then for want of being charged in execution in due time, &c. he muft apply for a fuperfedeas to C. B. Barnes 384, 5.

Motion for a fuperfedeas for want of a declaration in C. B. within two terms. Defendant committed to the Fleet (charged inter al' with a bill of Middlefex at the plaintiff's fuit) before declaration delivered; and afterwards the plaintiff delivered a declaration in the King's Bench, at the Fleet, and not a declaration in C. B. which declaration being delivered after the defendant had removed to the Fleet, as a declaration of the King's Bench, the court held as null and void, and made the rule abiolute. Barnes 402.

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Of the Rule to appear and plead, and when a Defendant, Prifoner, muft plead.

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F the defendant is in the cuftody of Sheriff, a rule to appear and plead muft not be given before affidavit filed of the delivery of the declaration; which affidavit must be filed within twenty days, with the clerk of the rules, after the end of the fecond term after the return of procefs. Reg. 5 W. & M.

But if the defendant is in cuftody of the marshal, no affidavit of delivery is neceffary, but a rule to plead may be given of courfe; and if the declaration is delivered four days, exclufive, before the end of the term, and rule given, and plea demanded [which must be done on the back of the declaration] the defendant muft plead as of that term. Reg. Eaft. 5 W. & M.

But if the bill is not filed, and copy delivered, four days, exclufive, before the end of the term, the defendant may imparl till next term. The fame.

If procefs is returnable the first day of Eafter or Michaelmas term, and declaration delivered before menf. Eaft. or, the morrow of All Souls; and affidavit thereof filed, the defendant must appear before the end of ten days after Eafter or Michaelmas term; and if he appears within that time he may imparl till the next term, unless the action is in London or Middlefex, and the defendant is in prison within forty miles of London, and then, though he appears within that time, he must plead two days before the effoign day of that term. Reg. Eaft. 5 W. & M.

If a copy of a declaration is delivered on or after mens. Paf. or, morrow of All Souls, or, in Hilary or Trinity terms, and rules given; if the defendant appears before the effoign day of the next term, he fhall imparl till the next term; but if he does not appear within that time, the plaintiff is entitled to judgment. Reg. Eaft. 5 W. & M.

If the declaration is delivered before the effoign day of the next term after the return of the writ, the plaintiff, in fuch next term may give rules, and the defendant must appear, and plead on or before the expiration of the rules. Eaft. 5 W. & M.

After defendant, a prifoner, has appeared, the proceedings are the fame as in other cafes.

Notice of trial to a turnkey is good, in the cafe of a prifoner defendant, Stra. 248.

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