Malicious Information in Court of King's Bench Act 1692

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 X1 shall have the benefitt of the said Recognizance to compel them thereunto.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: the said Costs,. then the said Defendant & Defendants; O. [O. refers to a collection in the library of Trinity College, Cambridge]