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18 ELIZ. CAP. 14, JEOFAILS. 553 the kingdom, security for costs may be required, Val v. Green, 1 Str. 697; and see also 2 Hawk. P. C. 389, as to costs generally. IV. In R. v. Southerton, 6 East 186, the Court seems to have thought that threatening by letter, or otherwise, to put in motion a prosecution by a public officer to recover penalties for selling a certain article without a stamp, for the purpose of obtaining money to stay the prosecution, though not an offence at common law, for it is not such a threat as a firm and prudent man may not be expected to resist, is yet indictable under this section, but the offence must be brought within and laid to be against the Statute. The Attorney-General is held to be an officer within this section, 3 Anst. 871. VII. Lastly, a common informer cannot sue for a less penalty than a subsequent statute gives, as if he sue for the single value of money won at play, under 9 Ann. c. 14, s. 2, which gives the treble value, though he obtain a verdict, judgment will be arrested, Bull N. P. 196, Cunningham v. Bennet- CAP. XIV. An Act for Reformation of Jeofails, Be it enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons in this pre- sent Parliament assembled, and by the Authority of the same, That if any Verdict of twelve Men, or more, shall be given in any Action, Suit, Bill, Plaint, or Demand, in any Court of Record, the Judgment thereupon shall not be stayed or reversed * by Reason of any Default in Form, or lack of Form, 412 touching false Latin, or Variance from the Register, or other Defaults in Form, in any Writ original or judicial, Count, Declaration, Plaint, Bill, Suit or Demand, or for Want of any Writ original or judicial, or by Reason of any imperfect or insufficient Return of any Sheriff or other Officer, or for Want of any Warrant of Attorney, or by Reason of any Manner of De- fault in Process, upon or after any Aid prier or voucher, nor any such Record or Judgment after Verdict to be given here- after, shall be reversed for any the Defects or Causes aforesaid; any Law, Statute or Usage to the contrary notwithstanding. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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