Page:United States Reports, Volume 2.djvu/381

 Ciaeurr Courrr, Pennjjlwuia Diltrid. 37; edin to outlaw in civil e.r,is recognized, or refcribed,;. hy any lag of the Feilyeral, or Sliiiue, government; aiid even in J2; criminal cafes, it is queltionable, whether the State law could furnilh a rule for the United State:. Unlefs, therefore, the mode now purfued {hall be fauétioned, endlefs inconveniencies - will arife in the adminillration of jultiee; for, the plaintiff can- not difconrinue his action, without cerrainl loling. bail as to one defendant, while he has only a chance of obtaining it ffom another. If then, there is a necellity of adopting fome procefs to prevent a right being without a remedy, the prefent procefit will be found_perfe£t1_y roniiflent with the principles and ufa· of law; and the rn ermality of the continuances will not Enf fullicient moment .·:¤ attra& the attention of the Court. Sell Pr. 4oo. Such procefs has been ilfued repeatedly, both in the Supreme Court and Common Pleas of Penn/jlvaniu; though the regularity of it was never, indeed, contelted. In England, however, the Courts of Law and Chancery were bound by forms of writ, of almolt immemorial antiquity, and always prcfcribed by the exprefs authority of Parliament; ’till the preifure of bu- finefs, and the diverlitylof the cafes that arofe, produced the llatute of Wg/fm. 2. w 'ch authorifed- the clerks in Chancery to frame writs in  eeyii; and in the exercife of that au- thority, from time to time, a conliderable latitude has been taken. 4 Reeve: H. E.L. 426. _2 Reeverli E. L. 2oz. 2II|_#.404»40']. Gill. C.l’. 2. 3. 4. 8. Co. 48. An authority ltriétly analogous is given to the Federal Courts by the Judicial a&; and as there is no common gficina brevium, it follows, of courfe, that each Court mull: frame its own writs, according to the nature of the tefpctlive cafes. ` · Giym, Ingerfoll and Dollar, for the defendant, Holler, wa- ved all olrjeétion to the mere form of the fecond cupiar; but in- fifted, that even an alia: mpia: could not ilfue, unlcfs it was tgfed of the term, to which the original was retumcd, and made returnable to the next immediately enfuing term." They l exemplified the mode of proceeding by outlawry in England, on a return of mm gi inveutur as to one of feveral defendants; the force of the illiie joined; and the impraélicability of making an amendment in the declaration tiled, to meet the new cafe to be brought upon the record; from 1 Sim. 473- 1 Wilt. 78. 2 Sellun Pr. 389. 5 Com. Dig. 65 1. One defendant has given bail for the whole amount of the demand; the declaration ex- prefsly {lates, that Halter is not a party to the fuit; and antif- - ue ' Intnnr., jimiee. Is it intended to maintain the writ on the footing of an alia:. uulefs ilfued to the next term, after the return of the original cnpias? Rawle. I think it canbc fo maintaincd.

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