OR, THE RULES and CASES O F PRACTICE IN THE COURTS OF King's Bench and Common Pleas, METHODICALLY ARRANGED. IN TWO VOLUME S. By GEORGE CROMPTON, Efquire, VOLUME THE SECOND. LONDON: Printed by W. STRAHAN and M. WOODFALL, Law- And Sold by P. URIEL, Inner-Temple-Lane, and M. DCC. LXXX. F Of Prisoners. Of Proceedings against Prisoners. ORMERLY, by the practice of the refpective courts, when a defendant was arrefted upon mene process, and for want of bail was committed to gaol, unless the plaintiff, before the end of two terms after the arreft, caufed the defendant, by writ of habeas corpus, to be removed, to be charged with a declaration: fuch prifoner upon common bail, or appearance by attorney, was difcharged from his imprisonment. But by 45 W. & M. c. 21. it is enacted, "That where any defendant, or defendants, be taken, or charged in cuftody, at the fuit of any perfon or perfons, upon any writ* or writs, out of any of the faid courts at Westminster, and imprisoned, or detained in prifon, for want of fureties for their appearance to the fame, the plaintiff or plaintiffs, in fuch writ or writs, fhall and may, by virtue of the faid act, before the end of the next term after fuch writ or process fhall be returnable, declare against fuch prifoner or prifoners, in the refpective court or courts out of which the writ or writs fhall iffue, whereupon the faid prifoner or prifoners shall be taken and imprisoned, or charged in custody; and fhall and may caufe a true copy thereof to be delivered to * But if the ac etiam of the writ be debt, you cannot declare in cafe on that writ, per all the omcers; becaufe the ftatute fays, you shall declare on fuch writ. Sed quære? B VOL. II. fuch |