Page:Ruffhead - The Statutes at Large - vol 3.djvu/573

 A. D. 1692. Anno quarto & quinto Gulielmi 8c Mari^. C. 18. 525 CAP. XVIII. lAn'Aft to prevent malicious rnformations in the Court of King's Bench, and for the more eafy Reverfal of Outlawries in the fame Court. WHEREAS divers malicious and contentious Perfons liave more of late than in Times part pro-t8 E/. e. r. cured to be exhibited and proiccu'ud, Informations in their Majcflies Court of A7«^V iJf«f/i> at^9 -^'^ <■• 5- Wejlminjkr, againfl; Perfons in ail the Couniics of England, for Trefpaifcs, Batterks,- and other Mifde-*' ^'"'" '■ '""** inear.ors, and after the Parties fo informed againfc have appeared to fuch Informations, and pleaded to ISlie, the Informers do vej-y feldom proceed any further, whereby the Perfons fo informed againft are put tp »reat Charges in their Defence ; and although at the Trials of fuch Informations Verdiits are given for their., or a Ncii projequi be entred againft them, they have no Remedy for obtaining Cofts againft fuch informers : And whereas divers Perfons are profecuted in the faid Court of King's Bench to Outlawries for Debts, Trefpafies, and other Mifdemeanors, and there is no reverfmg fuch Outlav/ries but by the perfonal Appearance of the Perfons outlawed, fo that the Perfons arrcfted upon fuch Outlawries (if poor) lie in Prifon till their -Deaths, but if able, it cofls them very dear to reverfe the fame Outlawries ;' For Rtmedy whereof, r 11. Be it enafted by the King's and Queen's moft Excellent Majefties, by and v/ith the Advice and Con- Clerk of the ifent of the Lords Spiritual and Temporal, and the Commons, in this prefertt Parliament allembled, and down to ex. jliy the Authority of the fame. That from and after the firft Day of Ecijicr Term, which fliall be in the |^3|fpn°f'"^'"'' Htear of our Lord one thoufand fix hundred ninety and three, the Clerk of the Crown in the faid Court of Cn^°" above ■.Si'/j/ J- i>t'W7 for the Time being fliaU, not, without exprefsOrder to be given by the fiiid Court in open mentioned, 'Court, exhibit, receive, or file any Information for any of the Caufes aiorefaid, or iffue out any Procefs except by Order jthereupon, before he iliall have taken or fhall have delivered to- him a Recognizance from the Perfon or"^'-""'^' ^'"^ ■,, (Perfons procuring fuch Information to be exhibited, with the Place of his, her, or their Abode, Title, or p, J'f^^^^^/h'as iProfeffion, to be entred, to the Perfon or Perfons againft whom fuch Information or Informations is or are given 20 1. Re- jto be exhibited, in the Penalty of twenty Pounds, that he, fhe, or they, will effetStually profecute fuch cognizance to •Informations or Information, and abide by and obferve fuch Orders as the faid Court fliall direct, which P™'''^'^""- "Recognizance the faid Clerk of the Crown, and alfo every Juftice of the Peace of any County, City, ^^^■'^^™' ■''■ '^^ jFranchife, or 7"own Corporate (where the Caufe of any fuch Information fliall arife) are hereby impowered jto take ; after the taking whereof by the faid Clerk of the Crown, or the Receipt thereof from any Juftice Sof the Peace, the faid Clerk of the Crown fliall make an Entry thereof upon Record, and fliall file a Me- Memorandum imorandum thereof in fome pubjick Place in his Office^ that all Perfons may refort' thereunto without Fee ; !° ^"^ J^'*' . land in cafe any Perfon or Perfons againft whom any Information or Informations for the Caufes aforefaid, have"co"h if ior any of them, fhall be exhibited, fhall appear thereunto, and plead to Ifflie, and that the Profecutor or caufe not tried iProfecutors of fuch Information or Informations fhall not, at his and their own proper Cofts and Charges, within one Year, jvvithin one whole Year next after Iflue joined therein, procure the fame to be tried ; or if upon fuch Xrial?'^^'*'"- aVerdifSt pafs for the Defendant or Defendants, or in cafe the faid Inform.er or Informers procure a iVi)//-'""'^ ' ^'^' iprepgui to be entred ; then in any of the faid Cafes the faid Court of King's Bi^nch is hereby authorized to award to the faid Defendant and Defendants, his, her, or their Cofts, unlefs the Judge, before whom fuch Information fliall be tried, fliall at the Trial of fuch Information, in open Court, certify upon R.ecord, 'that there was a reaibnable Caufe for exhibiting fuch Information ; and in cafe the faid Informer or In- j5j^(.^j,_.,j^,, ifofmers ihall not within three Months next after the faid Coftstaxed, and Demand made thereof, pay tOKemcd'vtor the faid Defendant or Defendants the faid Cofts, then the faid Defendant and Defendants. ih^iU' have the Cofts. ' Benefit of the faid Recognizance, to compel .them thereunto. ;.r';. ■• ', i Salk. 194. III. And for the more eafy and fpeedy Reverfmg of Outlawries in the faid Court, Be it ena£l;ed by the ^'^'^'=''■'0' ■'I'ly Authority afore ' '" --.--i^ ^ .^ „, ^ . ever, who are and Felony only excepted) fliall be compelled Court to reverfe fuch Outlawry, but fliall or may appear by Attorney, and reverfe the fame without Bail,,^ Sailc, 496. in all Cafes, except where fpecial Bail fliall be ordered by the faid Court. IV. And be it further enafted by the Authority aforefaid. That if any Pei-fon. or Perfons outlawed, or Perfons taken hereafter to be outlawed, in the faid Court (other than for Treafon and Felony) fliall from and after the"P°" ^"f'".' faid firft Day oi Ei/hr Term' be taken and arrefted upon any Capias Utlagatum out of the faid Court, itcommon'B"]! fhall and may be lawful to and for. the SherifF or Sheriff's v-zho hath or fliall have taken and arrefted fuchcarcs.dirchatged. Perfon and Perfons (in all Cafes where fpecial Bail is no: required by the faid Court) to take an Attorney's by an AttomeVs Engagement under his Hand to appear for the faid Defendant or Defendants, and to reverfe the faid Out-.^ngagemenr to lawrie.<, and thereupon to difcharge the f id Defendant and Defendants from fuch Arrefls : And in thpfe^W'^g_^? '" ^f=" Cafes where fpecial Bail is required by the faid Court, the faid Sheriff or Sherifts fhall and may take Secu- giJl|ngB„„j'„';;fj, Penalty of double the Surn for-whi-h fpecird Bail is required, and no more,, for his, her, or thpir Appea-.pear. ' ranee by Attorney in the faid Court at the Return of theTaid Wric, and to do and perform fuch Things as- (hall be required by the faid Court, and after fuch Bond, taken, to difcharge the faid Defendant and D.e-:; fendants from the faid Arrefti. j ,_ y . And be it further enafted by the Authority aforefaid,. That if any Perfon or Perfons^ outlawed as af-dre-Peifon taken as give Security as aforefaid, in Cafes where fpecial B.iil is required, fo as he or they are committed to Gaol ,'-^'^:j^'j,'^|g(.',j,, for Default thereof, that whenfoever the faid Prifoner 01 Prifoners iliall find fufficient Security to the Sheriffjfter ketum of. or the Writ..
 * rity of the faid Defendant or Defendants by Bond, with one or more fufHi:ient Surety or Sureties, in the sureties to ap-
 * feid, and taken and arrefted itpon a Capias Utiaguiu ., fnall not be jible within the Return of the faid Writ to ^1",^"^^^^^'^ ^'^