Anonymous, 1 N.C. 184, 1 Mart. 184 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 184, 1 Mart. 184

* Anonymous.

Hill. 2 Car.

A RESCOUS was returned, by the sheriff, thus: Cepi corpus, prædict. A. et ut idem A. suit in custodia mea virtuti brevis præd. quousque B. C. et D. vi et armis on such a day and year, and at such a place, in E. et F. ballivos meos insultum fecere, vulneravere, et male tractavere, et A. de custodia mea ad tunc et ibidem rescussere.

Rolls

said that this is not a good return, for he does not shew any warrant made to his bailiffs.

Jones, J. and Whitlock, J.

The prisoner is all edged to be in custodia of the sheriff, and they rescued him out of it; it is unnecessary to mention the warrant. The mentioning the bailiffs is surplusage and idle.

Rolls. Then the rescous is not well returned; for the battery of the bailiffs is alledged vi et armis; and if this be surplusage, the rescous is not returned to have been vi et armis.

Jones, J. One may rescue himself. A rescue may be returned without the words vi et armis.

Rolls. Begging your pardon: I think not. Adjournatur, intratum U. 22. Jac. rot. 102.