and other Misdemeanors, and after the Parties informed against had appeared thereto and pleaded to Issue, the Informers very seldom proceeded any further, and that such Defendants had no remedy for obtaining Costs against such Informers; and that persons prosecuted in the said Court of King's Bench to Outlawries for Debts, Trespasses, and other Misdemeanors, could only reverse them by their personal Appearance, which cost them very dear; enacts, that the Clerk of the Crown in the said Court of K. B. for the time being, shall not, without express Order to be given by the said Court in open Court, exhibit, receive, or file any Information for any of the causes aforesaid, or issue out any Process thereupon, before he shall have taken, or shall have delivered to him a Recognizance from the person procuring such Information to be exhibited, with the Place of his Abode, Title, or Profession, to be entered to the person against whom such Information is to be exhibited, in the Penalty of £20, that he will effectually prosecute such Information and abide by and observe such Orders as the Court shall direct; which Recognizance the said Clerk of the Crown, and every Justice of Peace of any County, City, &c. (where the cause shall arise) may take; and the said Clerk shall file a memorandum of such Recognizance in some public Place in his Office, that all persons may resort thereto without Fee; and if the Defendant shall appear to such Information and plead to issue, and the Prosecutor shall not, within One Year, procure the same to be tried, or if a Verdict pass for the Defendant, or the Informer enter a Noli Prosequi, the said Court shall award Costs to the Defendant, unless the Judge, before whom such Information shall be tried, shall, at the Trial of such Information in open Court, certify upon Record, that there was a reasonable cause for exhibiting such Information. If the Informer does not pay such Costs within Three Months after Taxation, the Defendant shall have the benefit of the said Recognizance to compel him. 4, 5 W. & M. c. 18. s. 1, 2. Persons outlawed in K. B. for any cause, except Treason and Felony, may appear by Attorney, and reverse the same without Bail in all cases except where special Bail is ordered by the Court. s. 3. Persons outlawed (except for Treason and Felony), and taken Upon what security sheriff may upon a Cap. utlagat. may be discharged by the Sheriff (when discharge persons special Bail is not required by the Court), upon an Attorney's taken upon cap. utlagat. engagement to appear for the Defendant, and reverse the Out- 3 Burr. 1482. lawry; and where special Bail is required, the Sheriff shall 4 Burr. 2537. Pleas to be good notwith standing any sons shall be Offence for take Defendant's Bond with one or more Sureties in double the Sheriffs may take such Securities of Defendant after the Return of the Writ. s. 5. This Act shall only extend to Informations exhibited in the name of the Coroner or Attorney in K. B. for the time being. s. 6. Upon the demise of any King or Queen all Pleas to Informations in the said Court shall be good, without calling on the Defendants to plead again to the same, unless upon desire of the Defendants so to do, and request it of the Court within Five Months after such Demise. s. 7. The Statute 48 G. 3. c. 58. " for amending the Law with regard to the Course of Proceeding on Indictments and Informations in the Court of King's Bench in certain cases," recites that the Provisions contained in two Acts of the Twenty-sixth and Thirty-fifth Years of his present Majesty's Reign, for amending the Law with regard to the course of Proceeding on Indictments and Informations in the Court of King's Bench, in certain cases relating to the Public Revenue (1), have been found beneficial, and that it is expedient to extend the same to other cases; Proceedings in and enacts, that whenever any person shall be charged with any cases where per- Offence for which he or she may be prosecuted by Indictment or charged with any Information in his Majesty's Court of King's Bench, not being which they may Treason or Felony, and the same shall be made appear to any be prosecuted by Judge of the same Court by Affidavit, or by Certificate of an Indictment or Information being filed against such person in the said Court for such Offence, it shall and may be lawful for such Judge to issue his Warrant under his Hand and Seal, and thereby to cause such person to be apprehended and brought before him or some other Judge of the same Court, or before some one of his Majesty's Justices of the Peace, in order to his or her being bound to the King's Majesty with two sufficient Sureties, in such Sum as in the said Warrant shall be expressed, with condition to appear in the said Court at the time mentioned in such Warrant, and to answer to all and singular Indictments or Informations for any such Offence; and in case any such person shall neglect or refuse to become bound as aforesaid, it shall be lawful for such Judge or Justice respectively to commit such indictment in the court of King's Bench. (1) 26 G. 3. c. 77. s. 18. and 35 G. 3. c. 96. authorizing the holding to bail or commitment of persons against whom any Indictment, &c. has been found, for opposing, &c. Officers of the Revenue. person to the Common Gaol of the County, City, or place where the Offence shall have been committed, or where he or she shall have been apprehended, there to remain until he or she shall become bound as aforesaid, or shall be discharged by order of the said Court in term time, or of one of the Judges of the said Court in vacation, and the Recognizance to be thereupon taken shall be returned and filed in the said Court, and shall continue in force until such person shall have been acquitted of such Offence, or in case of Conviction, shall have received Judgement for the same, unless sooner ordered by the said Court to be discharged; and that where any person, either by virtue of such Warrant of Commitment as aforesaid, or by virtue of any Writ of Capias ad Respondendum issued out of the said Court, is now detained, or shall hereafter be committed to and detained in any Gaol for want of Bail, it shall be lawful for the Prosecutor of such Indictment or Information to cause a Copy thereof to be delivered to such person, or to the Gaoler, Keeper, or Turnkey of the Gaol wherein such person is or shall be so detained, with a Notice thereon indorsed, that unless such person shall, within Eight Days from the time of such delivery of a Copy of the Indictment or Information as aforesaid, cause an Appearance, and also a Plea or Demurrer to be entered in the said Court to such Indictment or Information, an Appearance and the Plea of Not Guilty will be entered thereto in the name of such person; and in case he or she shall thereupon, for the said space of Eight Days after such delivery of a Copy of the Indictment or Information as aforesaid, neglect to cause an Appearance, and also a Plea or Demurrer to be entered in the said Court to such Indictment or Information, it shall be lawful for the Prosecutor of such Indictment or Information, upon an Affidavit being made and filed in the said Court, of the delivery of a Copy of such Indictment or Information, with such Notice indorsed thereon as aforesaid, to such person, or to such Gaoler, Keeper, or Turnkey, as the case may be, which Affidavit may be made before any Judge or Commissioner of the said Court authorized to take Affidavits in the said Court, to cause an Appearance and the Plea of Not Guilty to be entered in the said Court to such Indictment or Information for such person, and such Proceedings shall be had thereupon as if the Defendant in such Indictment or Information had appeared and pleaded Not Guilty according to the usual course of the said Court; and that if upon the Trial of such Indictment or In Officers entrust in the revenue may be prose tures, breaches of trust, and misdemeanors committed by their offices. said shall be acquitted of all the Offences therein charged upon him or her, it shall be lawful for the Judge before whom such Trial shall be had, although he may not be one of the Judges of the said Court of King's Bench, to order that such Defendant shall be forthwith discharged out of Custody as to his or her Commitment as aforesaid, and such Defendant shall be thereupon discharged accordingly. Public Officers. Whereas it is just and reasonable that persons employed in ed and employed Offices and Places of Public Trust should at all times be accountable for any Misdemeanors therein, and the Public Justice cuted for forfi- of the Realm requireth a vigorous Prosecution of such Offenders, to the end therefore, that your Majesty's Subjects may not lie under any Doubts or Discouragements whereby such Prosecuthem relative to cutions might be prevented or delayed; be it enacted, that any Action or Suit shall and may be commenced and prosecuted in any of her Majesty's Courts at Westminster, against any Officer or person intrusted or employed in the Revenue of her Majesty, her Heirs and Successors, or any part or branch thereof, or any other Office or Place of Public Trust, for any Forfeiture, Misdemeanor, or Breach of Trust, of, in, or relating to such Office or Place of Trust, or any Penalty imposed by Law to enforce the due execution thereof; and that no such Action, Suit, or any other Process, Proceeding, Judgment or Execution thereupon, although such Officer or Person shall be a Peer of this Realm or Lord of Parliament, or one of the Knights, Citizens or Burgesses of the House of Commons, or otherwise entitled to the Privilege of Parliament, shall be impeached, stayed or delayed by or under Colour or Pretence of any Privilege of Parliament. 2, 3, Ann. c. 18. s. 1. Such as have privilege of par liament shall not be imprisoned. Nothing in this Act shall extend to subject the person of such Officer, being a Peer of this Realm or Lord of Parliament, to be arrested or imprisoned, but that all Process shall issue against such Officer or Person being a Peer of this Realm or Lord of Parliament as should have issued against him out of the Time of Privilege, nor shall extend to subject the person of such Officer, being a Knight, Citizen or Burgess of the House of Commons, to be arrested or imprisoned during the time of Privilege of Parliament; and that against such Officer or other Person, being a Knight, Citizen or Burgess of the House of Commons intitled to Privilege, shall be issued Summons and Distress infinite, or ori ginal Bill, Summons, Attachment and Distress infinite, which the said respective Courts are hereby empowered to issue in such Case until the Party shall appear upon such Process, according to the Course of such respective Court. s. 2. other magistrates wilfully resorting to, &c. any public meeting worship in their gos, &c. or ensigns belonging to their incapable to office, rendered If any Mayor, Bailiff or other Magistrate, in that part of Mayors or Great Britain called England, the Dominion of Wales, or the Town of Berwick upon Tweed, or the Isles of Jersey or Guernsey, shall knowingly or wilfully resort to, or be present at any for religious Public Meeting for religious Worship other than of the Church of England as by Law established, in the Gown or other peculiar habit, or attended with the Ensign or Ensigns of or belonging to such his Office, every such Mayor, Bailiff, or other Magistrate, being thereof convicted by due course of Law, shall be disabled to hold such Office or Offices, Employment or Employments, and shall be adjudged incapable to bear any public Office or Employment whatsoever within that Part of Great Britain called England, the Dominion of Wales and Town of Berwick upon Tweed, or Isles of Jersey and Guernsey. 5 G. 1. c. 4. s. 2. Public Stores. hold any office. The Stat. 12 G. 3. c. 24. intituled "An Act for better preserving and securing his Majesty's Dock Yards, Magazines, Ships, Ammunition, and Stores," reciting that "whereas the safety and preservation of his Majesty's Ships of War, Arsenals, Magazines, Dock Yards, Rope Yards, Victualling Offices, Military, Naval, and Victualling Stores, and the Places where such Stores are kept or deposited, either within this Realm, or in any of the Islands, Countries, Forts, or Places thereunto belonging, is of great importance to the welfare and security of the Kingdom," enacts, that if any person or persons shall, either in this Persons maliRealm or in any of the Islands, Countries, Forts, or Places there- on fire or deciously setting unto belonging, wilfully and maliciously set on fire, or burn, or stroving any otherwise destroy, or cause to be set on fire, or burnt, or any arsenal, &c. otherwise destroyed, or aid, procure, abet, or assist in the setting or stores, guilty on fire, or burning, or otherwise destroying of any of his Ma- out clergy. jesty's Ships or Vessels of War, whether the said Ships or Vessels of War be on float or building, or begun to be built, in any of his Majesty's Dock Yards, or building or repairing by contract in any private Yards for the use of his Majesty, or any of his Majesty's Arsenals, Magazines, Dock Yards, Rope Yards, Victualling Offices, or any of the Buildings erected therein or belonging thereto; or any Timber or Materials there placed for king's ships, or of felony with |