OUTLAW. In English Law. One who is put out of the protection or aid of the law. 22 Viper, Abr. 316; 1 Phill. Ev. index; Bacon Abr. Outlawry; 2 Sell. Pr. 277; Doctr. Plac. 331; 3 Bla. Corn. 283, 284.
As used in the Alabama act of December 28, 1868, § 1, declaring counties liable for Persons killed by an "outlaw," it is not used in the strict common-law sense of the term, but merely refers in a loose sense to the disorderly persons then roving through the state, committing acts of violence ; Dale Co. v. 'Gunter, 46 Ala. 118, 137. See Drew v. Drew, 37 Me. 389.
If a party, after indictment, could not be found, the first process against him was a capias, in cases of treason or felony, or in misdemeanors, a venire facias, and then a capias. Following this is an alias and then a pluries writ. After this the offender is put in the "exigent" and is proclaimed four times in four successive county courts. Upon the fifth, he is adjudged an outlaw. It is said that no man may kill an outlaw wilfully, but only in an effort to arrest him. A judgment of outlawry was a grave matter ; it involved, not merely escheat and forfeiture, but a sentence of death. If the outlaw was cap
tured, the justices sent him to the gallows upon proof of the mere fact of outlawry. There were all manner of cases in which a man might be outlawed without being guilty of any crime or any intentional contumacy. The exaction might take place in a county distant from his home. There was therefore great need for royal writs for inlawing an outlaw and many were issued. 2 Poll. & Maitl. 581. Outlawry for a misdemeanor does not amount to a conviction for the of fense itself. 4 Steph. Com. 317. The "minor outlawry" for "trespasses" did not involve sentence of death ; otherwise of the higher crimes. 2 Poll. & Maitl. 581. See EXIGENT.
It is still possible in England for a per son accused of a criminal charge to be made an "outlaw"; Odgers, C. L. 1418; in civil actions it is abolished (1879) ; 4 Steph. Com. 317.
When used with reference to a claim, as, a debt due on a promissory note, "outlawed" means barred by the statute of limitations; Drew v. Drew, 37 Me. 392.