the prosecutor may have a capias, alias and pluries. Id. 8. 9, 10. See the forms of these writs, Arch. Pr. Cr. Off. 43, 44. But in practice these writs are never sued out, except for the purpose of proceeding to outlawry; but upon the indictment being found, the prosecutor, at the assizes or sessions, where the defendant is not in custody, procures a bench warrant, or the warrant of a justice of the peace, as shall presently be mentioned; or where the indictment has been found in the court of Queen's Bench, or removed into that court by certiorari, the prosecutor may procure a judge's warrant. See Arch. Pr. Cr. Off. 46, 47. Outlawry.] Outlawry upon an indictment before judgment, lies in all cases of treason and felony, and in all cases of indictable misdemeanors in which a capias lies. See 2 Hawk. e. 27, s. 109. For this purpose, in misdemeanors there must be three writs of capias,-capias, alias, and pluries,—before the exigent; 2 Hawk. c. 27, s. 111; one is sufficient on an indictment 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 T.R. 358. Besides this, in treason and felony, if the defendant reside in a different county from that in which he is indicted, a writ of capias cum proclamatione must issue to the sheriff of the county in which he resides. 6 H. 6, c. 1, and see Arch. Pr. Cr. Off. 48, 49. If non est inventus be returned to these writs of capias, then the writ of exigent and the writ of proclamations may issue; and afterwards a writ of allocatur exigent, if necessary. Arch Pr. Cr. Off. 48-50; and see the forms of these several writs, Id. 50, 51. he do not surrender, before the last of the proclamations, judgment of outlawry is signed; Id. 51, 52; and a writ of capias utlagatum may issue to apprehend the outlaw, or a special capias utlagatum to apprehend him and to seize all his property. Id. 52; and see the forms, Id. And if Bench warrant.] Upon an indictment being found at the assizes or quarter sessions, if the defendant be not in custody, or if out on bail, and it be doubtful whether he will surrender to take his trial, the court upon application, will grant a bench warrant; 1 Hale, 599; upon which he may be apprehended as upon any other warrant, as mentioned ante, p. 33; and it may be backed, when necessary, as stated ante, pp. 33, 34. In the central criminal court, the prosecutor applying for a bench warrant, must, before it issues, enter into a recognizance, such as the court shall direct, to prosecute the law with effect against the defendant. Reg. Gen. Jan. 1842. Car. & M. 254. The following may be the form of a County of at Bench Warrant. To all constables, headboroughs, and other officers and ministers of the peace of our Lady the Queen within the county of and to every of them, whom it may concern. These are to will and require, and in Her Majesty's name strictly to charge and command, that you or some one of you, upon sight hereof, take and bring A. B. before [us, and others Her Majesty's justices assigned to keep the peace in the county aforesaid, and also to hear and determine divers felonies, trespasses and other misdemeanors committed in the same county], at this present sessions [of the peace] holden in and for the said county, (if the court shall be here sitting), to answer to an indictment found against him for [state shortly the offence]; and if the court shall not be sitting at the time of such taking, then that you or some of you forthwith afterward bring the same party before some one or more of Her Majesty's justices of the peace for the same county, to find sufficient sureties personally to appear at this present sessions, to answer the same indictment, and all such other matters as on Her Majesty's behalf shall be here objected against him; And if he cannot be taken during this present session, then that you bring him before some one or more of Her Majesty's justices of the peace for the same county, as speedily after as may be, to find such sureties, personally to appear at the next session [of the peace] to be holden for the said county, to answer as aforesaid, and further to be dealt with according to law. Hereof you are not to fail at your peril. in the year of our Lord day of Warrant of justice out of sessions.] By stat. 11 & 12 Vict. c. 42, s. 3, where any indictment shall be found by the grand jury in any court of oyer and terminer or general gaol delivery, or in any court of general or quarter sessions of the peace, against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as clerk of the indictments at such court of oyer and terminer or gaol delivery, or as clerk of the peace at such sessions, at which the said indictment shall be found, shall at any time afterwards, after the end of the sessions of over and terminer or gaol delivery or sessions of the peace at which such indictment shall have been found, upon application of the prosecutor, or of any person on his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor or person a certificate of such indictment having been found;-and upon production of such certificate to any justice or justices of the peace for any county, riding, division, liberty, city, borough, or place in which the offence shall in such indictment be alleged to have been committed, or in which the person indicted in and by such indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such justice or justices, and he and they are hereby required, to issue his or their warrant to apprehend such person so indicted, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law; and afterwards, if such person be thereupon apprehended and brought before any such justice or justices, such justice or justices, upon its being proved upon oath or affirmation before him or them that the person so apprehended is the same person who is charged and named in such indictment, shall, without further inquiry or examination, commit him for trial, or admit him to bail, in manner before mentioned. The following is the form of the Certificate of Indictment being found. I hereby certify, that at [a court of oyer and terminer and general gaol delivery, or a court of general quarter sessions of the peace,] holden in and for the [county] of at -, in the said [county], on a bill of indictment was found by the grand jury against A. B., therein described as A. B. [late of- labourer,] for that he [&c., stating shortly the offence], and that the said A. B. hath not appeared or pleaded to the said indictment. Clerk of the peace of and for the said [county]. The reader will perceive that this certificate can only be obtained after the assizes or sessions; for during the assizes or sessions the prosecutor may obtain a bench warrant. But it is not only in cases where the prosecutor has omitted to apply for a bench warrant during the assizes or sessions, but also where he has applied and got it, that this mode of obtaining a justice's warrant to apprehend a party indicted may be useful; for it may often happen that whilst the bench warrant is in possession of a constable in another county, or in a distant part of the same county, there may be an opportunity of apprehending the defendant in another part of the county or in another county. The following is the form of the Warrant to Apprehend the Person indicted. To the constable of· in the said [county] of and to all other peace officers Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the [county] of -,] that, [&c., stating the certificate]: These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other justice or justices of the peace in and for the said [county], to be dealt with according to law. Given under my hand and seal, this the year of our Lord at The following is the form of the in day of in the county aforesaid. J. S. [L. S.] Warrant of Commitment of the Person indicted. in the said To the constable of and to the keeper of the [com- Whereas by [my] warrant under my hand and seal, dated the day of -, after reciting that it had been certified by J. D. [&c., as in the certificate], [1] commanded the constable of and all other peace officers of the said county in Her Majesty's name, forthwith to apprehend the said A. B., and bring him before [me], the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county], or before some other justice or justices of the peace in and for the said [county], to be dealt with according to law: And whereas the said A. B. hath been apprehended under and by virtue of the said warrant, and being now brought before [me], it is hereupon duly proved to [me] upon oath that the said A. B. is the same person who is named and charged in and by the said indictment: These are therefore to command you the said constable, in Her Majesty's name, forthwith to take and safely convey the said A. B. to the said [house of correction] at in the said [county], and there to deliver him to the keeper thereof, to gether with this precept; and I hereby command you the said keeper to receive the said A. B. into your custody in the said house of correction, and him there safely to keep until he shall be thence delivered by course of law. Given under my hand and seal, this the year of our Lord in day of at in the [county] aforesaid. J. S. [L. S.] Or if the party indicted be confined in prison for any other offence than that charged in the indictment, at the time of such application, the justice, upon the like proof of identity, shall issue his warrant directed to the keeper of the prison, to detain him, until he shall be removed by habeas, for the purpose of being tried. 11 & 12 Vict. c. 42, s. 3. The following is the form of a Warrant to detain a Person indicted who is already in Custody for another Offence. To the keeper of the [common gaol or house of correction] at in the said [county] of Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the county of -], that [&c., stating the certificate]: And whereas [I am] informed that the said A. B. is in your custody in the said [common gaol] at -, aforesaid, charged with some offence or other matter; and it being now duly proved upon oath before [me], that the said A. B. so indicted as aforesaid, and the said A. B. in your custody as aforesaid, are one and the same person: These are therefore to command you, in Her Majesty's name, to detain the said A. B. in your custody in the [common gaol] aforesaid, until by Her Majesty's writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon such indictment, or until he shall otherwise be removed or discharged out of your custody by due course of law. in Given under my hand and seal, this day ofthe year of our Lord ——, at in the [county] aforesaid. J. S. [L.S.] 2. Arraignment and Plea. Arraignment.] When a person, against whom the grand jury have found a true bill, is in custody, the clerk of arraigns at the assizes, or clerk of the peace at sessions, orders the gaoler to bring him to the bar. When he appears, the clerk addresses him thus: 66 A. B., hold up your hand: You |