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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1812 Excerpt: ...his hop, wherefore he whipped the horse away-, and the defendant had a verdict. 3. In the case of escapes, by stat. 8 & 9 W. 3. e. 26. 25. 11 The marslial or warden of any prison shall not in any action c for an escape against them, give in evidence a re-taking upon - fresh suit, except the same be specially pleaded; nor (hall any special plea be received, unless oath be made in writing by " the marshal or warden, and filed, that the prisoner did, with" out defendant's knowledge, privity, or consent, make such " escape." In an action against the warden or marshall, an affidavit under the statute, that the escape, " if any such escape there was, was without defendant's knowledge," is good with these words. If plaintiff in his declaration sets out a voluntary escape, defendant may plead, that he took the party on fresh suit, without traversing the voluntary escape; for the alledging it is nowise necessary to his action, but it sliould come in the replication: so under a count for a voluntary escape, the plaintiff may give 1 negligent one in evidence. And note: That actions for escapes being founded in malefidh ar not within the statute of limitations. The defendant, in an action for an escape, shall never be allowed to plead or give in evidence that the first suit was improperly commenced; for as he could justify under the process, he shall nofbe allowed to take advantage.of any irregularity'.. '" J In an action for an escape against the marshal, and he justifies Chjmbtnr. that the prisoner escaped without his knowledge, but after that, olj, that he returned, and that he kept him in custody; he ought to shew that he kept and detained him in custody until the bringing of the action, or until duly otherwise disc...
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