SENTENCE OF OUTLAWRY

Poverty Bay Herald, Volume LV, Issue 17234, 14 April 1930, Page 12

SENTENCE OF OUTLAWRY

SCOTTISH ACCOUNTANT BAIL FORFEITED LONDON', March 2. Tho unusual sentence of outlawry was pronounced upon James Fleming Robertson, an Edinburgh chartered accountant, in the High Court, Edinburgh, yesterday. Robertson was charged with embezzling £IOOO received by him on behalf of a, trust, estate, but when the case was called the accused,, who had been on bail of £2OO, did not appear. His name was called twice in court and twice at. the outer entrance, but there was no response. The Solicitor-General for Scotland, piosecuting, said that accused’s solicitor had received a letter from Mrs. Robertson', stating that she did not know where her husband' was. Tim Lord Justice Clerk pronounced the sentence, and ordered Robertson’s bail bond to be forfeited. Outlawry, in English law, means putting one out of the protection of the law. for contempt in wilfully avoiding execution of legal process. Formerly, in the common law courts, if tho defender would not enter an appearance, certain proceedings were taken to outlaw him. so as to allow the action to go on without his appearance. These proceedings, however, were abolished in 1079. and 1 in the majority of cases it is immaterial as regards the action whether the. defendant appears or not, provided ho was properly served with the. original writ of summons. . PROCESS NOW OBSOLETE. After judgment, a defendant against whom a : " caveat was granted might be outlawed if the sheriff failed to find him. These forms of process arc now obsolete. In criminal proceedings it is still possible t(i outlaw a. person who cannot be found and arrested, but a. criminal who flies the country may now, as a general rule, be. mad'' amenable to justice by applying to a foreign Government for bis extradition. Outlawry, therefore, in criminal proceedings, has practically become obsolete. In Scot hand outlawry or fugitation may, on the motion of the (Town, he pronounced by the Supreme Criminal Court when accused has absconded and fails to appear to plead to the indictment. oil the day of trial. hi tho event of a defendant returning and subrhittmg himself to the authorities, the decree may be rescinded, and the original charge which he was called upon to answer could be heard by the court.