Page:United States Reports, Volume 2.djvu/383

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Cntcurr Coursr, Pmyylvaniu Dillri&. gy; principles of law, it fhould be fanélioned bythe Court. The typ';. ‘ procefs of outlawry in England is neither a dilatury, nor a I/Ys! precarious, remedy; for, all the writs may iflire at once; the elfeét, by pronouneing the civil death of the party, cannot be prevented; and the plaimitfis entitled toneceive his money from the public treatury out of the fequeitered l eliefts of the delinquent. Sell. Pr. Here, however, it would be idle to fufpend all proceedings againlt the defendant who is arrellcd; lince there is no legal preeefs by which the eEe€ts of a non-appearing defendant can be made refponhble; and it is ‘ uncertain when (if ever) he will come within the jurifdietion cf the Court. The procefs of ourlawry was derifed, principally, to get clear of the return of rmrgfiuvmiur, and to {hew that the plaintiff has done every thing in his power to bring all the parties before the Court; but it was never intended as an in- _ {irument of indulgence and benefit to the arrelied defendant. It is alked, however, in what way the record and pleadings may be made conlillzent, on the infertion of Halberir name as a defendant? In the lirll: place, it is to be anfwerctl, that when- ever bail is entered, it has relation, by a legal retrofpefl, to the firll. y of the term, to which the calvin: was returnable ; fo, the Cc ;rt may orrler Hol.!er’.r bail to be filed as of April term Z792; and, thereupon, grant leave to imparl. As to the de- claration, it may be amended to eorrefpond with the faét; and even the cafe in 3 Wil:. 78, lhews in what manner this dilli- _ culty may be overcome. r Sell. Pr. 26o. S8. Nor is it impor- _ tant how many defendants enter bail, or for what fum, lince the plaintiff can recover no more than the amount of the de- mand for which the ailion is brought ; and joint defendants may, in any cafe, give feveral bail bonds. The ob'e£l;ion to the divilion and multiplication of fuits, will, likewilie, vauifh, when it is reeolleéled, that the fame effect is produced by the feverance of pleas, which may take place (as many prece- dents in Lilbir Enlrier eliahlifh) in every aétion againlt leve- ral defendants :·—-A joint ill`ue, and a joint judgment are not in- difpenfably requilite; and this Court has no fuperior Court, which might involve the inconveniency of a removal of the fuit upon the {itil: writ, before the feeond writ had ilfued. If, upon ` ‘ the whole, the proeefs is a neceifary inllarument for the accom- plifhment of 'ultice, it will be recognized and confirmed by the Court, although it is not to be found in the ancient authori- ties of Englyb law. Tm: Couivr, having taken from the rath to the 16th of April, to advifc upon the fubjeét, delivered the following opi- nions, after a recapitulation of the entries on the record. Perma, jiylire. 'I‘here is no controverfy on the {tate of the aélion, as it refpeéls Wm. Dun-, who has given bail for yha Bbb u