Chap. 191.
39 El. 17. |
Informations. Actions Popular.
25. ' Nor a wandring Souldier or Mariner that
offendeth against
' 39 El. 17. |
525 |
| 22 Car. 2. |
26. ' Or such as steal Cloth from the Tentors. |
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| 22 Car. 2. |
27. ' Nor such as imbezel his Majesties Stores. |
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22 & 23
Car. 2. |
28. ' Nor such as maliciously maim any Person. |
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| 18 El. 7. |
' Every person having his Clergy shall be forthwith
delivered out of
' Prison, and not to the Ordinary; yet the Justices may detain him
in
' Prison as a further punishment for any time not exceeding one year,
' and shall (notwithstanding his Admission to his Clergy) answer any
' other Offences.
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§. 5. |
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Informations, Actions Popular. CHAP. CXCI.
' THE Civil Law hath two sorts of Informers; 1.
Voluntaris as our
' common Informer. 2. Necessarius, qui invitus facit propter
publici officii
' necessitatem; as with us the Kings Attorny, the Clerk of the
Crown
' in the Kings Bench, who is Capitalis Coronator Domini Regis, which
they
' call Delator stationarius, fiscalis, which with us is Honorary. |
§. 1.
Kinds. |
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' The Delator voluntarius is with us more
necessary than creditable;
' for great have been the complaints against them, and many and severe
' Laws have been made against them; yet such as govern themselves
' well are to be encouraged as Furtherers of the publick Good. |
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| 19 Eliz. 5. |
1. ' Every Informer shall exhibit his Information
in person, or by Attorny,
' and not by Deputy. |
§. 2.
How Informations |
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2. ' None shall be admitted to pursue against
any person upon any
' Penal Statute, but by Information or Original Action, and not otherwise. |
may be exhibited,
when, and
by whom. |
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3. ' Upon every such Information a Note shall
be made of the Day,
' Month and year of the exhibiting thereof into any Office, or to any
' Officer, without antedating thereof, and to be accounted of record
' from that time and not before. |
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4. ' No Process shall issue until the Information
be exhibited in form
' aforesaid; and upon such Process shall be indorsed as well the persons
' Name that pursueth, as the Statute on which it is brought. |
Process. |
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5. ' The Clerk that maketh out Process contrariwise
shall forfeit
' 40 s. a moiety to the Queen, the other moiety to the party against
' which such Process is made, to be recovered in any Court of Record,
' &c. |
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6. ' No Informer shall agree with the Offender
before Plea pleaded,
' nor after, without leave from the Court. |
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7. ' Every person (excepts Clerks in Court)
offending against the Act,
' or making any composition, or taking any mony, reward or promise of
' reward, without consent of some of the Kings Courts at Westminster,
' the party convicted shall stand two hours in the Pillory in some
Market
' next adjoyning, and be disabled to be an Informer, and forfeit 10
l. a
' moiety to the Queen, and the other moiety to the party grieved, to be
' recovered in any Court of Record. |
Composition. |
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8. ' If any Informer shall willingly delay
his Suit, or shall discontinue,
' or be nonsuited, or a Verdict pass against him and Judgment, he shall
' pay the Defendant his Costs, and have usual executions. |
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' But that Act shall not extend, |
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