the offender shall be put in the exigent, in order to his outlawry, that is, he shall be exacted (proclaimed or required to surrender) at five successive sheriffs' county courts, and a writ of proclamation shall also be issued; and if he be returned quinto exactus, and does not appear at the fifth exaction or requisition, then he is adjudged to be outlawed, or put out of the protection of the law, so that he is incapable of taking the benefit of it in any respect, either by bringing action or otherwise, and his property is forfeited to the Crown. (4 Steph. Comm. p. 384.)

Q.-Is the life of an outlawed person protected?

A.-Yes; though anciently an outlawed felon was said to have caput lupinum, and might be knocked on the head like a wolf by anyone that should meet him, because, having renounced all law, he was to be dealt with as in a state of nature, when every one that should find him might slay him, yet now, to avoid such inhumanity, it is holden that no man is entitled to kill him wantonly or wilfully, but in so doing is guilty of murder, unless it happens in the endeavour to apprehend him; for any person may arrest an outlaw on a criminal prosecution either of his own head, or by writ or warrant of capias utlagatum, in order to bring him in to be dealt with according to law. (4 Bl. 319.)

Q. What are the consequences of outlawry?

A. The general consequences of outlawry, both in felonies or misdemeanors, are the following:-The person outlawed is civiliter mortuus. His goods are forfeited from the exigent, his lands from the outlawry, and the act abolishing forfeiture in general does not

interfere with this. He cannot hold property given or left to him. He cannot sue on his own contract, nor can he sue for the redress of an injury. He may be a witness, but cannot be a juror. (Har. Crim. Law, p. 364.) It should be noted that by the 42 & 43 Vict. c. 59, outlawry in civil proceedings is abolished. Q.-What is a writ of certiorari?

A.-It is a writ directed to the inferior court requir ing it to return the records of an indictment or inquisition depending before it, so that the party may have a trial in the Queen's Bench Division, or before such justices as the Queen shall assign to hear and determine the cause.

Q.-For what purposes will a writ of certiorari be granted?

A. (1) To consider and determine the validity of an indictment, and the proceedings thereon, and to quash or confirm them as there is cause: (2) Where it is surmised that a partial or insufficient trial will probably be had in the court below in order to have the person against whom it is found tried at bar, or else before the justice of nisi prius, according to the course of a civil action: (3) In order to plead the royal pardon there; or, (4) In order to issue process of outlawry against the offender in places where the process of the inferior court will not reach him. Such writ of certiorari when issued and delivered to the inferior court for removing any record or other proceeding, as well upon indictment as otherwise, supersedes the jurisdiction of such inferior court, and makes all subsequent proceedings therein entirely erroneous and illegal, unless indeed the Queen's Bench remands the record to the court

below to be there tried and determined. (4 Steph. Comm. p. 386.)

Q. What is the mode of obtaining this writ?

A.-The application must be founded on an affidavit suggesting adequate ground for the removal. Motion must be made in court or to a judge in chambers and leave obtained, and this whether the application is made on the part of the prosecution or of the defence. When it is granted at the instance of the defendant, the amount of recognizance to be entered into before a judge of the Queen's Bench Division, or a justice of the jurisdiction where the defendant resides, by the defendant, and his bail, is ordered by the court and indorsed on the writ. Moreover, when at the instance of the defendant, this recognizance must contain the further provision that the defendant, if convicted, will pay to the prosecutor his costs incurred subsequent to the removal of the indictment, and when at the instance of the prosecutor he must enter into a recognizance, with the condition that he will pay the defendant, if acquitted, the costs incurred subsequent to such removal. And if such recognizance be not entered into by the parties at whose instance the certiorari is awarded, the court proceeds to trial as if the writ had not been awarded. It is after this recognizance has been lodged with the clerk of assize or clerk of the peace that all proceedings in the court below are erroneous. (Har. Crim. Law, 368.)

Arraignment.

Q. What is meant by arraignment?

A.-To arraign is nothing else but to call the prisoner to the bar of the court to answer the matter charged upon him in the indictment.

The indictment is then read over to him distinctly, and it is then demanded of him whether he is guilty or not guilty of the offence charged.

Q.-What course may a prisoner take on being arraigned?

A. He may either stand mute or confess the fact, or he may plead to the indictment, which is to be considered as the next stage of the proceedings.

Q. What course

course is taken when the prisoner maliciously stands mute?

A.-By 7 & 8 Geo. IV. c. 28, s. 2, it is enacted that, if any person being arraigned upon, or charged with, any indictment or information for treason-felony, piracy or misdemeanor, shall stand mute of malice, or will not answer directly to the indictment or information, in every such case it shall be lawful for the court, if it shall so think fit, to order the proper officer to enter a plea of not guilty on behalf of such person, and the plea so entered shall have the same force and effect as if such person had actually pleaded the same. When there is reason to doubt, however, whether the prisoner is sane, a jury should be charged to inquire whether he is sane or not, which jury may consist of any twelve persons who may happen to be present, and upon this issue the question will be, whether he has intellect enough to plead and to comprehend the

course of the proceedings. If they find the affirmative, the plea of not guilty may be entered, and the trial will proceed; but if the negative, the provision of 39 & 40 Geo. III. c. 94, s. 2, is then applicable, by which it is enacted that, insane persons indicted for any offence, and on their arraignment found to be insane by a jury lawfully impanelled for that purpose, so that they cannot be tried upon the indictment, shall be ordered by the court to be kept in strict custody till the royal pleasure be known.

Q.-If a prisoner appear to be insane when arraigned, what steps are taken?

A. A jury is sworn to ascertain the state of his mind; if they find him insane he cannot be tried, but their finding is recorded and the prisoner may be kept in strict custody until her Majesty's pleasure is known.

If a prisoner becomes insane after trial a reprieve may be granted, and he will then be detained under the provisions of the Criminal Lunatics Act, 1884, mentioned later.

Q. When the prisoner is deaf and dumb, how are the contents of the indictment to be communicated to him?

A. In the case where the prisoner is deaf and dumb, he may be communicated with by signs, or the indictment may be shown to him with the usual questions written on paper. (Jones' case, 1 Leach, 120; 1 Chit. Cr. L. 417.)