Also known as: quinto exacti · exigent
Written by attorneys · grounded in primary & secondary sources — see below
A historical sheriff's return made after a defendant had been called to five successive county courts without appearing. The return authorized the coroners to order the defendant outlawed and deprived of the benefits of the law.
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Quinlan Quezada failed to appear on a debt summons despite repeated calls at county court. After the fifth proclamation the sheriff filed a return of quinto exactus. The coroners then declared Quezada an outlaw, stripping him of legal protections and exposing his property to seizure.
Quentin Quinn evaded arrest on a felony charge by remaining in hiding. After five successive county-court proclamations the sheriff returned quinto exactus. The coroners outlawed Quinn, allowing any person to apprehend him without further process.
Quintessa Quinn ignored five county-court summonses in a trespass action. The sheriff's quinto exactus return prompted the coroners to outlaw her. Quinn thereby forfeited the right to sue or defend in the king's courts.
Quintana Quest failed to answer five proclamations on a commercial debt. The quinto exactus return authorized the coroners to declare Quest an outlaw. Any creditor could then seize Quest's goods without further judicial order.
Quinley Quincy did not appear after five county-court calls in a will contest. The sheriff returned quinto exactus and the coroners outlawed Quincy. Quincy lost standing to assert any claim to the estate.
Quintina Qualls remained absent through five successive proclamations on a criminal indictment. The quinto exactus return led the coroners to outlaw Qualls. Qualls could no longer invoke the protection of the law in any court.
The sheriff had to proclaim the defendant at five successive county courts and return non est inventus each time. Only after the fifth unsuccessful proclamation did the sheriff file the quinto exactus return that triggered outlawry.
Supporting sources
The county coroners, not the sheriff, ordered the defendant outlawed after receiving the quinto exactus return.
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The defendant lost the benefits of the law, could be seized by anyone without further process, and forfeited the right to sue or defend in court.
Supporting sources
…States , 365 U. S. 610 (1961), or that in most instances failure to comply with the warrant requirement can only be excused by exigent circumstances, see, e. g. , Warden v. Hayden , 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States , 376 U. S. 364, 367-368 (1964). But we deal here with an entire…