Process upon an information.] The mode of proceeding is by judge's warrant, as upon an indictment, and as mentioned ante, p. 43, and post, p. 46, or by subpoena. To proceed by subpoena, engross the writ on parchment, indorse upon it the name and address of the attorney suing it out, get it signed, sealed and entered at the crown-office (pay 5s.), and serve a copy of it. If the defendant do not enter an appearance within four days (not including Sunday) after the return of the writ, and exclusive of the return-day, then, upon making and filing an affidavit of service, the prosecutor may, in the same manner, sue out an attachment, deliver it to the sheriff, and have the defendant thereupon apprehended. According to Hawkins, 2 Hawk. c. 27, s. 14, the second process here is by writ of capias; but such is not the practice. After appearance, indeed, if the defendant abscond, the prosecutor may have a capias, alias and pluries, but not before. In the case of an information against a corporation aggregate, however, a distringas, and not an attachment, issues. These writs are tested and made returnable on a day certain, either in or out of term; and the attachment, although it cannot actually issue until after four days from the return of the subpoena, as above mentioned, must be tested on the return-day of that writ. Reg. 5. As to the proceeding by judge's warrant, see post, p. 46. Or if the rule nisi for the information have been enlarged, as in that case, we have seen (ante, p. 37) the defendant by the enlarged rule undertakes, in case such information shall be exhibited, to appear thereto immediately, and plead within four days next after the same shall be exhibited,—it is unnecessary in such case to sue out process; but instead of doing so, you may serve the defendant with a notice of the information being filed, and if he do not appear, move for an attachment for not performing his undertaking, or move that the prosecutor may be at liberty to enter an appearance for him; or if he appear but do not plead within the four days, then you may sign judgment as for want of a plea. Upon this subject, vide post, p. 56. If it be intended to move for an attachment, the above notice must be personally served. Of course before any of these proceedings are had, the prosecutor must have entered into the recognizance, mentioned ante, p. 39. Affidavit of Service thereof. In the Queen's Bench. The Queen against J. N. C. D., of, &c., maketh oath and saith, that he, this deponent, did on the- day of serve J. N., the above named defendant, with the writ of subpoena to answer in this prosecution hereunto annexed, by delivering a true copy of the said writ and of the indorsement thereon to, and leaving the same with, a servant of the said J. N., at the dwelling-house and residence [or office, Attachment to answer to an Information. VICTORIA, &c., to the sheriff of greeting: We command you that you do not forbear, by reason of any liberty in your bailiwick, but that you attach J. N., of, &c., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us, at Westminster, Copy the enlarged rule, containing the undertaking to appear, and write the following notice at the foot: Notice in case of an enlarged Rule. In the Queen's Bench. The Queen v. J. N., esq. Take notice, that in pursuance of the above rule, an information hath been filed in the court of Queen's Bench against the above-named defendant for certain misdemeanors; and that he is hereby required to cause an appearance to be entered in the said court thereto, immediately, in pursuance of his undertaking contained in the above rule. And in default thereof the said court will Distringas. The distringas against a corporation, is the same as the writ, ante, p. 44, except, that instead of the word "indicted," you write, "impeached." Warrant of a judge, in either case.] By stat. 48 G. 3, c. 58, s. 1, whenever any person shall be charged with any offence, for which he may be prosecuted by indictment or information in his Majesty's court of King's Bench, not being treason or felony, and the same shall be made to appear to any judge of the said court by affidavit, or by certificate of an indictment or information being filed against such person in the said court for such offence, it shall be lawful for such judge to issue his warrant under hand and seal, and thereby to cause such person to be apprehended and brought before him, or some other judge of the said court, or before some of his Majesty's justices of the peace, in order to his being bound to the King's Majesty, with two sufficient sureties, in such sum as in the said warrant shall be expressed, with condition to appear in the said court at the time mentioned in such warrant, and to answer all and singular indictments or informations for any such offence; and in case any such person shall neglect or refuse to become bound as aforesaid, it shall be lawful for such judge or justices respectively to commit such person to the common gaol of the county, city, or place where the offence shall be committed, or where he shall have been apprehended, there to remain until he shall become bound as aforesaid, or shall be discharged by order of the said court in term time, or of one of the judges of the said court in vacation; and the recognizance to be thereupon taken, shall be returned and filed in the said court, and shall continue in force until such person shall have been acquitted of such offence, or, in case of conviction, shall have received judgment for the same, unless sooner ordered by the said court to be discharged. In order to obtain a judge's warrant under this statute, get a certificate from the crown-office of the indictment being found, or information filed; pay 58.; take this to the chambers of any judge of this court, and he will thereupon grant his warrant. Then give it to the tipstaff or other officer to whom it is directed, for execution. If the defendant be apprehended under this warrant, the tipstaff or other officer who apprehends him will take him before a judge, who will thereupon commit him, unless he give bail. As to the mode of proceeding, where the defendant is already a prisoner, see post, sect. 7, p. 57. SECTION V. Outlawry. In what case.] Outlawry lies on all indictments for treason and felony, and in all cases of indictable misdemeanors, where a capias lies; see 2 Hawk. c. 27, s. 109: and see ante, p. 43; and on informations ex officio. R. v. Wilkes, 4 B, 2527, 2555. But no person shall be outlawed as accessory before or after the fact to a felony, before the principal has been attainted. Stat. Westm.1, c. 14, 2 Hawk. c. 27, s. 129. Process of outlawry.] In all misdemeanors there must be three writs of capias,-capias, alias and pluries,-before the exigent; 2 Hawk. c. 27, s. 111; one is sufficient in an idictment for treason, murder or manslaughter; Id. s. 112; but it is doubtful whether two writs of capias be not necessary in other felonies; Id.; and they are so, where the party is indicted at quarter sessions. 25 Ed. 3, st. 5, c. 14; R. v. Yendall, 4 7. R. 358. As to the form of the writs of capias and how sued out, see ante, p. 43, 44; each must be tested on the return-day of the previous writ (if any), and made returnable on the first day in the next following term; it is then taken to the undersheriff or sheriff's agent, who will return it non est inventus. By 6 H. 6, c. 1, before an exigent issues against persons indicted for treason or felony in this court, a capias shall issue to the sheriff of the county wherein the party is indicted, and another to the sheriff of the county of which he is named in the indictment. But in practice this is useless, as the defendant is always described as of the county in which the offence is laid. By stat. 8 H. 6, c. 10, however, where a person is indicted in any court for treason, felony, or trespass, and is at the time dwelling in any other county than that in which the indictment is taken, then, before any exigent awarded, and presently after the first writ of capias returned, another writ of capias shall be awarded, directed to the sheriff of the county whereof the party is or was supposed to be conversant by the said indictment, returnable before the same justices before whom he was indicted [or before the King, in his bench, if the indictment have been removed there by certiorari, 10 H. 6, c. 6], containing the space of three months from the date of the last writ, where the county court is holden from month to month, and the space of four months where the county court is holden from six weeks to six weeks, until the return of the said writ; by which second capias, the sheriff shall be commanded to take the party, if he can be found within his bailiwick, and if he cannot, then to make proclamation in two county courts before the return of the said writ, that the party shall appear before the said justices, &c., on the day therein contained, to answer to our lord the King of the treason, felony or trespass whereof he is indicted; after which second writ of capias so served and returned, if the party come not at the return of the writ, the exigent shall be awarded against him. Besides these statutes, which seem not to have been considered of themselves sufficient to prevent secret outlawries, it is enacted by stat. 4 & 5 W. & M. c. 22, s. 4, that upon the issuing of any exigent out of any of their Majesties' courts, against any person or persons, for any criminal matter before judgment or conviction, there shall also issue a writ of proclamation bearing the same teste and return, directed to the sheriff of the county, &c., where the person in the record of the said proceedings is mentioned to be or inhabit, according to the form of stat. 31 Eliz. c. 3, and which writ of proclamation shall be delivered to the sheriff three months before the |