Upon a capias directed to the sheriff against A. the sheriff returns a rescous by J S of Dale yeoman, and mentions the year and day, but not the place where the rescous was committed ; this return is void : for it cannot be traversed for want of a place out of which the jury shall come : but upon this return the rescuer, upon his appearance, shall be commiitted ; and afterwards received to his traverse, or exception to the indictment : for a rescous is a great and heinous offence in violation and contempt of justice; and this want of a legal form shall not excuse him from imprisonment in terrorem and exemplum.
By the judges of both benches.
Citations:
[1220] EngR 50, (1220-1623) Jenk 125, (1220) 145 ER 88 (B)
Links:
Litigation Practice
Updated: 18 May 2022; Ref: scu.460962
