Blackstone the king v heydon et all cost to be pay for not try a information  accord to notice though not file a whole year SC burr information against the  defendant for bribery at the last election for Evesham prosecutor give notice  of trial but do not proceed accord to the notice whereupon the defendant  obtain a rule for the master to tax cost which rule Morton move to discharge  support by Norton solicitorgeneral because saint the information have not be  file a year dly Philips the defendant agent have secret the corporation book  which be material evidence for the prosecutor though the court have before  refuse in this term v page to make a rule on the corporation to produce they  as be in a criminal suit stow and Ashhurst show for cause that Philips be  townclerk have the book in trust and be not bind to disclose they or if bind  that he never receive a proper and legal notice that if the prosecutor  evidence be defective be must stand to the consequence that the statute n  which give cost only if the infor Blackstone er p mansion be not try within  twelve month relate to the whole merit of the cause and not to cost for not go  on to trial after notice give which be Payable without the aid of the statute  Payable on indictment oh Payable by executor p c Norton solicitorgeneral reply  that Philips from day today flatter the prosecutor that the book shall be  produce so swear in his affidavit that the towncleik be not the proper officer  for the custody of the book but the chamberlain who demand they in court and  be refuse Lord Mansfield CJ by the constant course of the court and universal  practice cost must be give wherever the prosecutor give notice and do not  proceed to trial no instance to the contrary Q a exception be contend for in  the present case on account of the misbehaviour of the defendant agent by draw  in the prosecutor to give notice which make he forfeit his cost this if prove  will be a very strong case but it do not Blackstone appear to be so prosecutor  swear that he be flatter with expectations  these be conclusion instead of  fact he shall have swear to the message and word which pass between they upon  which the court will have form the proper conclusion nor in fact be he flatter  for be subpcenad robin his not produce evidence which he be not by law oblige  to produce will not forfeit his principal cost Dennison Wilmot be same opinion  foster absent rule for discharge the former rule discharge n W m c S oh r v  Powel stram S p p Elwes v Mocatta ld raym but they be not liable unless they  have be guilty of a wilful default Ogle v Moffat barn see also Creake v  pitcarne Cas bring c p p Reg Q this position be confirm by Lord Ellenborough  in r v Bartrum east where upon a indictment for perjury remove into KB by  certiorari the prosecutor have give notice of trial to the defendant and then  withdraw his record without countermand his notice in time it be decide that  he shall pay cost to the defendant r v Allen comb r v Edward d salk f where it  be say that the king shall not pay cost for not go on to trial but if there be  a prosecutor he shall and if the defendant do not know who the prosecutor be  the attorneygeneral shall inform he r v Powel stram r v earl d S p if they be  not pay the defendant may on a affidavit of demand and refusal have a  attachment Tidds bring ed