Quinto Exactus - Definition - Law Dictionary Home Dictionary Definition quinto-exactus

Definition :

Quinto exactus, means 'exacted the fifth time'. A sheriff's return made after a defendant had been called to five county courts but failed to appear. The county coroners then ordered that the defendant be deprived of the benefits of the law, Black's Law Dictionary, 7th Edn., p. 1261.

Means if a non est inventus is returned upon all of them, a writ of exigent or exigi facias may be sued out, which requires the sheriff to cause the defendant to be proclaimed, required, or exacted, in five county courts successively, to render himself, and if he does, then to take him, as in a capias; but if he does not appear, and is returned quinto exactus, he shall then be outlawed by the coroners of the county, Commentaries on the Laws of England, 3 William Blackstone 283 (1768).

Quinto exactus, the fifth or last call or requisition of a defendant sued to outlawry. See Cowel, voce 'Quint-exact.