Page:Ruffhead - The Statutes at Large - vol 3.djvu/142

 •94 C. 4. Anno vkefimo primo Jacobi I. A. D. 1623. CAP. IV. An A£t for the Eafe of the Subjcft, concerning Informations upon Penal Statutes. s.?£/. c. ;. ' "fX THE RE AS the Offences againft divers and fundry Penal Laws and Statutes of this Realm ipon'penarsta- ' ^^ '"^^^ better, and with more Eafe and lefs Charge to the Subjedl, be commenced, fued, informed tiites fiiaii be ' againft, profecuted and tried in the Counties where fuch Offences fhall be committed : (2) And whereas profecutedinthe ' the poor Commons of this Realm are grievoufly charged, troubled, vexed, molefted and difturbed by the'offences^'^* ' ^^^^^^. troublefome Perfons, commonly called Relators, Informers and Promoters, by profecuting and were committed,' inforcing them to appear in his Majefty's Courts at IVeftminJier, and to anfwer Offences fuppofed by 4inft. 172. * them to be committed againft the faid Penal Laws and Statutes, or elfe to compound with them for the ?lo*«6%"i f^me:' (3) For Remedy whereof, be it enadted by the Authority of this prefent Parliament, That all 3!^! ' Offences hereafter to be committed againft any Penal Statute, for which any common Informer or Pro- I Vent. %. moter may lawfully ground any popular Adhon, Bill, Plaint, Suit or Information, before Juflices of Af- VMhtai' *^^' Juftices of Nifi^rius or Gaol-delivery, Juftices of Oyer and Terminer, or Juflices of Peace in their Hetiey 103. General or Quarter-Seffions, Ihall after the End of this prefent Seffion of Parliament be commenced, 5 Mod. 245. fued, profecuted, tried, recovered and determined, by Way of Acftion, Plaint, Bill, Information or In- rifi' ?i6'. '"* diriment, before the Juftices of Affize, Juftices of Nifi prius, Juftices of Oyer and Terminer and Juftices Jones 193. of Gaol-delivery, or before the Juftices of Peace of every County, City, Borough or Town Corporate, Raym. 394. and Liberty, having Power to enquire of, hear and determine the fame, within this Realm of England, 207."'*"" ^ °^ Dominion of Wales, wherein fuch Offences fhall be committed, in any of the Courts, Places of Ju- aif<JM,P,.C e. aS. dicature, or Liberties jiforefaid refpe<5lively, only at the Choice of the Parties which (hall or will com- mence Suit or profecute for the fame, and not elfewhere, fave only in the faid Counties, or Places ufual for thofe Counties, or any of them: (4) Arid that the like Procefs upon every popular Action, Bill, Plaint, Information or Suit, to be commenced, or fued, or profecuted after the End of this prefent Sefiion of Parliament, by Force of or according to the Purport of this Adl, be had and awarded, to all iFcfff. s. Intents and Purpofes, as in an Aftion of Trefpafs, Vi^ Armis, at the Common Law; (5) and that all Ca^-thew 465. ^^^ ^jj Manner of Informations, Anions, Bills, Plaints and Suits whatfoever, hereafter to be commenced, 1 m, 249. (Vjed, profecuted or awarded, either by the Attorney General of his Majefty, his Heirs or Succeffors for the Time being, or by any Officer or Officers whatfoever for the Time being, or by any common In- former or other Perfon whatfoever, in any of his Majefty's Courts at Wejiminjier, for or concerning any of the Offences, Penalties or Forfeitures aforefaid, fhall be void and of none Effect j any Law, Cuftom or Ufage to the contrary thereof notwithftanding. Upon Default of H. And be it further ena^ed by the Authority aforefaid, That in all Informations to be exhibited, and proving tha^t the -y^ ^jj gjUg^ Counts, Plaints and Declarations, in any Action or Suit to be commenced againft any Perfon committed in or Perfons, either by or on the Behalf of the King, or any other, for or concerning any Offence com- the fame County mitted or to be committed againft any Penal Statute, the Offence fhall be laid and alledged to have maiPbe^found' been committed in the faid County where fuch Offence was in Truth committed, and not elfewhere: Not guilty. (2) And if the Defendant to any fuch Ir;formation, Adhon or Suit, pleadeth that he oweth nothing, or Cartiiew 490. that he is not guilty; and the Plaintiff or Informer in fuCh Information, Atftion or Suit, upon Evi- Hutt"?^'*^* dence to the. Jury that fhall try fuch Iffue, fhall not both prove the Offence laid in the faid Infor- ■i,Uv%i. mation, A<f^ion or Suit, and that the fame Offence was committed in that County; then the Defendant 2';iii</. 246. and .Defendants ftiall be fbtuid not guilty. The Informer ^' And fee it further enaded dy the Authority aforefaid. That no Officer or Minifter in any Court /jnii make Oath of Record fliall receive, file or enter of Record any Information, Bill or Plaint, Count or Declaration, that the Offence grounded upon the faid Penal Statutes or any of them, which before by this A 6t are appointed to be intheTme'"^ ^eard and determined in their proper Counties, until the Informer or Relator hath firft taken a cor- coumy where poral Oath before fome of the Judges of that Court, that the Offence or Offences laid in fuch Infor- the Suit is com- mation, A6lion, Suit or Plaint, was or were not committed in any other County than where by the i"l"lk* 2 7 ^'^ Information^ Bill, Plaint, Count or Declaration, the fame is or are fuppofed to have been com- ■37»> 373- jjiitted, and that he belie veth in his Confeience, the Offence was committed within a Year before the Information or Suit, within the fame County where the faid Information or Suit was committed, The Defendant IV. And be it alfo enacted by the Authority aforefaid, That if any Information, Suit or Adtion (hall t?on"u' o'^^'^'^p'' ^^ brought or exhibited againft any Perfon or Perfons, for any Offence committed or to be committed nars"tatutemay againft the Form of any Penal Law, either by or on the Behalf of the King, or by any other, or on plead the Gene- the Behalf of the King and any other, it fhall be lawful for fuch Defendants to plead the General i laliffje. Iffue, that they are not guilty, or that they owe nothing, and to give fuch fpecial Matter in Evidence : to the Jury that fliall try the fame, which Matter being pleaded, hadbeen a good and fufHcient Mat- tel- in Law to have difcharged the faid Defendant or Defendants againft the faid Information, Suit or Adtion, and the faid Matters fliall be then as available to him or them, to all Intents and Purpofes, as if he or they had fufficiently pleaded, fet forth or alledged the fame Matter in Bar, or Difcharge of fuch Information, Suit or Adlion. Certain Offences Vj Provided always, That this Adt, or any Claufe contained therein, fhall not extend to any Informa- excepted, tion, Suit or Adioii, grounded upon any Law or Statute made againft Popifli Recufants, or for or con- cerning Popith Recnfancy, or againft thofe that fhall not frequent the Church and hear Divine Service : (2) nor to any Information, Suit or Adtion, for Maintenance, Champerty, or Buying of Titles; (3) nor to any Suit or Information grounded upon the Statute made in the firfl Year of the Reign of our 8 Sove-
 * ■: the fame Oath to be there entred of Record.