| 526 |
Informations. Actions Popular.
1. ' To Officers of Record, who in respect
of their Officers have used
' to exhibit Informations. |
Chap. 191. |
|
2. ' Nor to Informations upon the Statutes
of Maintenance, Champerty,
' buying of Titles, or Embracery, as to the parties grieved. |
|
|
3. ' Nor to persons to whom any Penalty or
Forfeiture is given certainly,
' and not generally to him that will sue. |
|
|
' Justices of peace in their Sessions have Authority
to hear and determine
' Offences against that Act. This Act was made temporary, but is
' made perpetual by 27 El. 10. |
|
§. 3.
Who may |
'No person shall be admitted to be an Informer,
that by any of the
' Queens Courts is disabled for any misdemeanor. |
|
Inform
County. |
' In every Informers Declaration the County shall
be alledged where
' the Offence was done; and the Defendant may traverse the County,
' except in Champerty, buying of Titles, or Extortion, and Offences
' against 1 El. 11 & 1 El. 20. for Tunnage and Poundage,
or for
' Usury, or for Regrating, Forestalling or Ingrossing, where the penalty
' exceeds 20 l. |
|
| Time. |
' Any Suit for any Offence whereof the Forfeiture
is given to the
' King alone, shall be brought within two years after the Offence, and
not
' after. And where the Forfeiture is given to the King and any other,
' within one year after the Offence. Except upon the Statute of Tallage
' by the party that will sue, or in his default within two years after
that
' by the Queen. And any Suit brought otherwise is void. |
|
|
' All Suits for using any unlawful Game, or not
using any lawful
' Game, or not having Bows or Arrows, or using a Trade not having
' been an Apprentice, shall be heard and determined in the Sessions or
' Assizes of the Country, &c. and not out of it. |
|
§. 4.
Covin. |
' If any person sue with good Faith any Action Popular,
and the Defendant
' plead a Recovery in an Action Popular in bar, or that before
' that time he had barred the Plaintiff in such Action, the Plaintiff
may
' after such Recovery or Bar was by Covin; and upon such Covin found
' the Plaintiff shall have Judgment, and the Defendant so attainted or
' condemned of Covin shall have Imprisonment for 2 years by Process of
' Capias or Outlawry, as well at the Kings Suit as any other; and
the Release
' of the party shall not avail the Defendant. |
4 H. 7. 20. |
§. 5.
County. |
' All Offences to be committed against any penal
Statute, for which
' any Informer or Promoter may ground any Suit, &c. before Justices
' of Assize, Nisi' Prius, Gaol-delivery, Oyer & Terminer
of the Peace in
' their General Sessions, shall be commenced, sued, prosecuted, tried,
' recovered and determined, by Action, Bill, Plaint, Information, or
' Indictment, before the Justices of Assize, &c. or before the Justices
of
' peace of the County, City, Borough or Town Corporate and Liberty
' in any the Courts, Judicatures or Liberties, at the choice of the prosecutor,
' and not elsewhere. |
21 Jac. 4. |
| Process. |
' Like Process in every Popular Action, Bill, Plaint,
Information, or
' Suit to be prosecuted according to the purport of this Act, be
had
' and awarded as in Actions of Trespass vi & armis at the Common
' Law. |
21 Jac. 4. |
|
' Excepted, &c. all Offences for Recusancy against
those that shall not
' frequent he Church for Champerty, Maintenance, or buying of Titles,
' or for transporting of Gold or Silver, Ordnance, Powder, Shot, Munition,
' Wool, Wollfel, or Leather, or for Tunnage, Poundage, Impost,
' Prisage, Subsidy, &c. |
21 Jac. 4. |
|
 |
