§ 90. The process of outlawry is almost wholly unknown in this country, and in the few States in which the English practice has been introduced, the same disabilities and forfeitures are not incurred as in England. It was abolished in
1 Barrett v. Buxton, 2 Aik. 167; King's Executors v. Bryant's Executors, 2 Haywood (N. C), 394; Burroughs v. Richman, 1 Green (N. J.), 233; Taylor v. Patrick, 1 Bibb, 168; Reinicker v. Smith, 2 Harris & Johnson, 423; Arnold v. Hickman, 6 Munf. 15; Williams v. Inabnet, 1 Bailey, 343; Reynolds v. Waller's Heir, 1 Wash. 164; Fitzgerald v. Reed, 9 Sm. & Marsh. 94; Owings1 Case, 1 Bland, 371; Drummond v. Hopper, 4 Harrington, 327; Seymour v. Delancy, 3 Cow. 445; Dorr v. Munsell, 13 Johns. 430; Matthews v. Baxter, L. R. 8 Ex. 132 (1873).
2 Klohs v. Klohs, 61 Penn. St. 245 (1869).
3 Reynolds v. Waller, 1 Wash. 164; Hutchinson v. Tindall, 2 Green, Ch. 357; Pittenger v. Pittenger, 2 Green, Ch. 156; Conant v. Jackson, 16 Vt. 335; Campbell v. Spencer, 2 Binn. 133; Wilson v. Bigger, 7 Watts & Serg. 124; Morrison v. McLeod, 2 Dev. & Batt. Eq. 226; Cory v. Cory, 1 Ves. Sen. 19; Johnson v. Medlicott, 3 P. Wms. 130, note; Stockley v. Stockley, 1 Ves. & B. 23.
4 Pennsylvania v. M'Fall, Addison, 257; 1 Russell on Crimes, 11; United States v. Drew, 1 Bennett & Heard's Leading Criminal Cases, 2d ed. 131 and note.
Massachusetts, in June, 1831, though it had then been long obsolete. The maxim applicable to outlaws, by the English law, is, "Let them be answerable to all, and none to them." Accordingly, any person outlawed in a criminal prosecution or civil suit, or sentenced to transportation, or convicted of felony, is "civiliter mortuus." He can hold no property given or devised to him, and all the property which he held before is forfeited, and vests in the government, in the King in England, and formerly in the Commonwealth here. He can neither sue on his contracts, nor has he any legal rights which can be enforced; while at the same time he is personally liable upon all causes of action.1 He can, however, bring actions "in autre droit" as executor, administrator, etc, because in such actions he only represents persons capable of contracting, and under the protection of the law.2
§ 91. Attainder creates all the disabilities that result from sentence of death, but it does not affect the person or his property until after judgment of death or outlawry. Its consequences are forfeiture of all estates, and corruption of blood, both upward and downward. So that a person attainted, can neither inherit nor transmit property, but obstructs all descents to his posterity. The incidents of attainder are fully stated by Chitty and Blackstone;3 but it can be of little use to detail them in this place; for the Constitution of the United States declares, that "no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted," and also, "that no bill of attainder shall be passed," and that "no State shall pass any bill of attainder." 4
§ 92. The person attainted cannot contract for his own benefit, nor maintain suit against another, though he himself is liable. But the legal rights of the outlaw and person attainted revive upon pardon or reversal of sentence.1
1 Bullock v. Dodds, 2 B. & Al. 258. See Lambert v. Taylor, 4 B. & C. 138; Ramsay v. Macdonald, Foster, C. L. 61.
2 Tidd's Pr. 9th ed. 131; Ex parte Franks, 7 Bing. 762; 1 Chitty, Crim. Law, 347, 730; Bac. Abr. Outlawry; 4 Black. Coram, ch. 24, p. 320; 3 ib. ch. 19, p. 283; Co. Litt. 128 a; Gilb. C. P. 197.
3 1 Chitty on Crim. Law, 723; 4 Black. Comm. 380; Sheppard's Touch. 232, 233.
4 Constitution of the U. S., art. iii. § 3, art. i. § 9, art. i. § 10.
§ 93. In the New England States, sentence of death creates no forfeiture of property, or disability to sue and contract, and the same rule probably obtains in all the States in the Union, unless it be otherwise decreed by statute.2