Chap. 192.
21 Jac. 4. |
Maior, &c.
' No Officer shall file any Information, Bill or
Plaint, Count or Declaration,
' grounded upon any penal Statute, which by that Act are to
' be tried in the proper Counties, until the Informer hath made Oath before
' some Judge of the Court, that the Offences were not committed in
' other Counties than where the Information, &c. is laid. |
527
Oath.
|
| 21 Jac. 4. |
' The Defendant to any Information, &c. to be
exhibited on the behalf
' of the King, or by any other, or on the behalf of the King and
' any other, may plead the General Issue, and give the special matter in
' evidence. |
General
Issue. |
|
' Now touching Informations take these Rules. |
|
| Hob. 209. |
1. ' One person cannot exhibit Informations
in the same or in several
' Courts; if he do, the Defendant may plead the first in bar of the
' second, |
§. 6.
Rules. |
| Hob. 128. |
2. ' If two Informers exhibit Informations
against the same person, for
' the same Offence on the same day, they are both void, and they may be
' pleaded the one in bar of the other, for as much as there is no right
of
' Priority. |
|
|
3. ' Informations and Suits on penal Statutes
are stricti juris, and excepted
' out of all the Statutes of Jeofails. |
|
|
4. ' The Statute of 21 Jac. 4. gives
not Jurisdiction to Justices of peace
' where they had none before; but only appoints, that where Informations
' might have been brought in the Courts at Westminster, and
' before Justices of peace, they shall now be brought before Justices of
' peace only, Farington, Trin. 4. Car. Cro.
Greens case, Mich.
' Car. 1. Cro. |
|
|
5. ' The Statute of 31 El. 5. extends
not to an Action or Information
' by the party grieved; for he may bring it in any County. Allens
Case.
' Mich. 40 El. Cro. 645. |
|
|
6. ' If Jurisdiction be given to the Sessions
to hear and determine, and
' doth not say by Information, this shall be by Indictment and not Information,
' Jones Rep. p. 133. |
|
|
7. ' Where the Suit is directed to be in any
Court of Record, or in
' any the Kings Courts of Record, that is intended the Courts at Westminster,
' Jones Rep. 193. |
|
|
8. ' Where an Information is tam pro Dom'
Rege quam pro seipso, if the
' Informer die, yet the Attorny General may prosecute for the King;
' and although the use is that the Attorny General only joyn the Issue,
' yet he cannot hinder the Prosecutor for his part. 3 Inst. cap.
Informers.
|
|
14 Car. 2.
c. 11. Parl.
2. |
Maior or Magistrate, where he may act as a Justice of Peace
by some
particular Statutes. CHAP. CXCII.
' THE next Magistrate may commit to prison
until next Sessions such
' as shall abuse an Officer of the Customs, |
Customs. |
14 Car. 2.
c. 14. Parl.
1. |
' Maior or chief Magistrate of any City or Town
Corporate may
' commit any preaching a Sermon or Lecture disabled by the Act so to
' do. |
Preachers. |
13 & 14
Car. 2. c. 1.
Parl. 1. |
' Maior or chief Officers of Corporations may bind
over persons meeting
' as Quakers, or refusing an Oath in order to conviction. |
Quakers. |
13 Car. 2.
c. 8. |
' Maior or chief Officer may convict any of neglect
of sending Carriages
' for the Kings use. |
Carriage. |
