William and Mary, 1692: An Act to prevent malicious Informations in the Court of King's Bench and for the more easie reversal of Outlaries in the same Court. [Chapter XVIII. Rot. Parl. pt. 4. nu. 4.]

Recital that malicious Informations had been exhibited and not proceeded in: and of Difficulty in reversing Outlawries.

Clerks of the Crown not to exhibit, &c.; Information without Order of Court, nor issue Process till Recognizance to prosecute.; Memorandum in the Office.; Defendant to have Costs if Cause not tried within One Year after Issue joined, &c.; unless Judge certify.; Defendants Remedy for Costs.

Whereas diverse malicious and contentious persons have more of late then in times past procured to be exhibited and prosecuted Informac[i]ons in Their Majesties Court of Kings Bench at Westminster against persons in all the Counties of England for Trespasses Batteries and other Misdemeanours and after the parties so informed against have appeared to such Informac[i]ons and pleaded to issue the Informers do very seldom proceed any further whereby the persons so informed against are put to great Charges in their Defence And although att the Tryals of such Informac[i]ons Verdicts are given for them or a Noli prosequi be entred against them they have no remedy for obtaining Costs against such Informers. And whereas diverse persons are prosecuted in the said Court of Kings Bench to Outlaries for Debts Trespasses and other Misdemeanours and there is no reversing such Outlaries but by the p[er]sonal appearance of the persons outlawed so that the person arrested upon such Outlaries (if poor) lye in Prison till their Deaths but if able it costs them very deare to reverse the same Outlaries. For remedy whereof be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled and by the Authority of the same That from and after the First day of Easter Terme which shall be in the yeare of our Lord One thousand six hundred ninety and three the Clerk of the Crowne in the said Court of Kings Bench for the time being shall not without expresse Order to be given by the said Court in open Court exhibit receive or file any Informac[i]on for any of the causes aforesaid or issue out any Processe thereupon before he shall have taken or shall have delivered to him a Recognizance from the person or persons procureing such Information to be exhibited with the place of his her or their Abode Title or Proffession to be entred to the person or persons against whom such Information or Informations is or are to be exhibited in the penalty of Twenty pounds that he she or they will effectually prosecute such Informations or Informac[i]on and abide by and observe such Orders as the said Court shall direct which Recognizance the said Clerk of the Crowne and alsoe every Justice of the Peace of any County City Franchise or Towne Corporate (where the Cause of any such Informac[i]on shall arise) are hereby impowered to take after the takeing whereof by the said Clerk of the Crowne or the Receipt thereof from any Justice of the Peace the said Clerk of the Crowne shall make an Entry thereof upon Record and shall file a Memorandum thereof in some publick place in his Office that all persons may resort thereunto without Fee And in case any person or persons against whom any Informac[i]on or Informac[i]ons for the Causes aforesaid or any of them shall be exhibited shall appeare thereunto and plead to issue and that the Prosecutor or Prosecutors of such Imformation or Informations shall not att his and their owne proper Costs and Chargs within one whole yeare next after issue joyned therein procure the same to be tryed Or if upon such Tryall a Verdict passe for the Defendant or Defendants or in case the said Informer or Informers procure a Noli prosequi to be entred Then in any of the said Cases the said Court of Kings Bench is hereby authorized to award to the said Defendant and Defendants his her or their Costs unlesse the Judge before whom such Information shall be tryed shall att the Tryal of such Information in open Court certifie upon Record that there was a reasonable Cause for exhibiting such Information And in case the said Informer or Informers shall not within Three Months next after the said Costs taxed and demand made thereof pay to the said Defendant or Defendants ( (fn. 1) ) shall have the benefitt of the said Recognizance to compel them thereunto.

II. Outlawry may be reversed by

Attorney except in Treason and Felony.

And for the more easy and speedy reversing of Outlaries in the said Court Be it enacted by the Authority aforesaid That from and after the said First day of Easter Terme no person or persons whatsoever who are or shall be outlawed in the [said (fn. 2) ] Court for any cause matter or thing whatsoever (Treason and Felony onely excepted) shall be compelled to come in person into or appear in person in the said Court to reverse such Outlarie but shall or may appeare by Attorney and reverse the same without Bail in all cases (except where Special Bail shall be ordered by the said Court.)

III. Persons taken upon Capias Utlagatum in Common Bail Cases, discharged by an Attorney's Engagement to appear.

In Special Bail Cases, by giving Bond with Sureties to appear.

And be it further enacted by the authority aforesaid That if any person or persons Outlawed or hereafter to be Outlawed in the said Court (other then for Treason and Felony) shall from and after the said First day of Easter Terme be taken and arrested upon any Capias Utlagatum out of the said Court it shall and may be lawfull to and for the Sheriff or Sheriffs who hath or shall have taken and arrested such person and persons (in all cases where Special Bail is not required by the said Court) to take an Attorneys engagement under his Hand to appear for the said Defendant or Defendants and to reverse the said Outlaries and thereupon to discharge the said Defendant and Defendants from such Arrests And in those cases where Special Bail is required by the said Court the said Sheriff [or (fn. 3) ] Sheriffs shall and may take Security of the said Defendant or Defendants by Bond with one or more sufficient Surety or Sureties in the penalty of double the sum for which Special Bail is required and no more for his her or their Appearance by Attorney in the said Court att the returne of the said Writt and to do and performe such things as shall be required by the said Court and after such Bond taken to discharge the said Defendant and Defendants from the said Arrests.

IV. Persons taken as before to be discharged, giving Security, after Return of the Writ.

And be it further enacted by the Authority aforesaid That if any person or persons outlawed as aforesaid and taken and arrested upon a Capias Utlagatum shall not be able within the returne of the said Writt to give Security as aforesaid in Cases where Special Bail is required so as he or they are co[m]mitted to Gaol for default thereof that whensoever the said Prisoner or Prisoners shall find sufficient Security to the Sheriff or Sheriffs in whose Custody he or they shall be for his or their appearance by Attorney in the said Court att some returne in the Terme then next following to reverse the said Outlarie or Outlaries and to do and performe such other thing and things as shall be required by the said Court it shall and may be lawfull to and for the said Sheriff & Sheriffs after such Security taken to discharge and sett at liberty the said Prisoner and Prisoners for the same Any Law or Usage to the contrary notwithstanding.

V. This Act only extends to Informations by Master of Crown Office.

Provided That nothing in this Act relateing to Informac[i]ons shall extend or be construed to extend to any other Informac[i]ons then such as are or shall be exhibited in the name of Their Majesties Coroner or Attorney in the Court of Kings Bench for the time being (co[m]monly called the Master of the Crowne Office) Any thing in the said Act contained to the contrary notwithstanding.

VI. Proviso for Demise of the King.

And be it further enacted by the Authority aforesaid That upon the Demise of any King or Queen of this Realme all Pleas to Informac[i]ons in the said Court shall stand and be good in Law without calling Defendants to plead again to the same unlesse the Defendants desire so to do and make request to the said Court for that purpose within Five Months next after such Demise Any Law or Usage to the contrary notwithstanding.