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The process against a Baily, 1. before appearance; 2. after appearance.
At the Common Law the Process was but a di∣stress infinite, Coke 3. part. 12. A. Harberts case.
But by Marlebridge, cap. 23. a Capias was given, Coke 3. part. 12. A.
And per Westm. 2. cap. 11. process of Outlawry is given, Coke 3. part. 12. A. 17 Ed. 2 process 203. 17 Edw. 3.59. pl. 55. Shard. 29 Ed. 3.5. pl. 13.
But against Tenant by Elegit, is but a Scire facias, 21 Edw. 3.2. pl. 6. 5 Edw. 3.159. pl. 20. Regist. judicial. 73. b. Old Nat. br. 34.
And if they appear not being summoned, judg∣ment shall be given against them, 5 Edw. 3.159. 21 Edw. 3.1.
Conusor shall have a Scire facias against the Conusee, Coke 4. part. 67. b. 47 Edw. 3.11. pl. 9. & fol. 25. pl. 63.
So the Assignee of a Conusor, 25 Edw. 3.53. pl. 17.
If a Baily come in by Capias or Exigend. he shall be forthwith committed to the Fleet, 29 Edw. 3.35. pl. 63. for his contempt in not appearing be∣fore.
So if he come in by Distress, and the Account be adjudged, 29 Edw. 3.35. pl. 63.
But if the Account be adjudged, and he be not present in Court, a Capias ad Computandum shall issue out against him, 1 Edw. 3.2. pl. 10. 1 Hen. 7.1. pl. 1. Townsend, Lib. Intra 18. c. Sect. 1, 2, 3.