OUTRAM OUVRARD 743 with the same impunity as a wolf ; but that author says plainly that one might take the outlaw's life only when he resisted being taken, or endeavored to escape. After his capture, his death or life rested in the hands of the king alone. All males above the age of 12 years might suffer outlawry, because at that age they were all sworn and enrolled in the decennary, and were thus within the law of the realm. Women were "waived," not outlawed, because they were not thus sworn. They therefore could not be excluded from the benefit of the law, but were abandoned or disregarded by it. Outlawry was pronounced originally only in cases of treason or felony, when the defendant refused to obey a summons. Next it was ex- tended to trespasses of a flagrant character. But properly it was limited to those process- es in which a capias lay, that is, a writ or warrant to take the person of the defendant. In all actions of trespass m et armis this ca- pias lay at common law, and consequently also, in proper cases, outlawry. In actions of debt, detinue, covenant, and such others as are founded upon mere negligence or laches, ca- pias did not lie at common law, and therefore outlawry was impossible until it was intro- duced by act of parliament. A distinction was made, in respect to the consequences of out- lawry, between criminal and civil cases. In the former, sentence of outlawry operated as a conviction of the offence itself with which the accused was charged. In treasons and felonies therefore he suffered corruption of blood, and forfeiture of all his estate, real as well as per- sonal. In civil cases the ultimate object of the outlawry was to secure access to the defendant's property. His failure to appear was, accord- ingly, not accounted a confession of the matter charged; but as a contempt, it deserved and drew after it a forfeiture of personal property and loss of the profits of lands so long as the outlawry lasted. An outlaw will not be heard in the courts where he seeks to originate a legal right, and his adversary may plead the outlaw's disability in bar or in abatement of his suit. Indeed, he cannot appear in court for any other purpose than to reverse his out- lawry. He cannot be a juror, for he is not an unimpeached citizen, liber et legalis homo ; but if he was outlawed in a civil action, he may be an heir or a witness. The judgment of outlawry may be reversed by writ of error or set aside on motion in the court where it is entered. In some of the United States the process of outlawry has never been known; in others it has been expressly abolished ; and it now has no actual existence in any. OUTRAM, Sir James, a British soldier, born at Butterley Hall, Derbyshire, Jan. 29, 1803, died in Pau, France, March 11, 1863. The son of an eminent civil engineer, he was educated at Marischal college, Aberdeen, went to Bombay in 1819, entered the 23d regiment of native infantry, of which he soon became adjutant, and, having distinguished himself by a suc- cessful attack upon an insurgent stronghold in Candeish, was sent against the Bheels. He overcame them in battle, and organized from them an irregular military corps. Peace was soon restored to -the Bheel country, and he was sent into Guzerat to subdue some rebel chiefs. This he effected by defeating them and concil- iating them afterward. He was aide-de-camp to Sir John Keane in the Afghan war, and in 1840 took part in the capture of the Beloochee stronghold of Kelat, and, disguised as a native devotee, carried the news of its fall a week's journey through the enemy's country to Kur- rachee. For this he received the brevet rank of major, and was appointed political agent in Lower Sinde. When Sir Charles Napier un- dertook the conquest of Sinde, Outram was resident at Hydrabad, and endeavored to avert a collision between the ameers and the Brit- ish. The princes treated him courteously, but the soldiers growing furious and attacking the residency, he defended himself with a small escort, and finally effected an orderly though dangerous retreat. He condemned the war, and was consequently involved in an acrimonious controversy with Napier. After a short visit to England, he organized an irreg- ular but effective force against the rebels in the South Mahratta country. In 1845 he was appointed resident at Sattara, and in 1847 at Baroda, where he fell into disfavor with the Bombay government, returned to England, and finally secured the approval of the court of directors. In 1854 he was appointed polit- ical resident at Lucknow, and in 1856 was com- mander-in-chief of the British forces in Per- sia. He defeated the Persians repeatedly, but his career was stopped by the treaty of April, 1857. Returning to India, which was then in the midst of the sepoy rebellion, he took the military command of the Cawnpore and Dina- poor divisions. He relieved Havelock at Cawn- pore, Sept. 15, and aided him in the relief of Lucknow, Sept. 25. He conducted the defence of the residency until the rescue by Sir Colin Campbell in November, when he occupied a fort called the Alumbagh, about 4 m. from the city, and during the next few months several times defeated the rebels with great slaughter. He cooperated with Campbell in the final siege and capture of Lucknow in March, 1858, and was appointed chief civil commissioner there, and afterward member of the supreme council at Calcutta. In the summer of 1860 he re- turned home, and retired to private life. He was created a baronet in 1858. OUVRARD, Gabriel Jellcn, a French financier, born near Clisson, Oct. 11, 1770, died in Lon- don in October, 1846. In 1797, being then a merchant at Nantes, he entered into^ a con- tract for supplying the French navy with pro- visions, by which he cleared more than 15,000,- 000 francs ; and he then became the head of a great banking company at Paris, called the negotiants reunis. This company, while hold- ing heavy contracts for the army and navy,
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