
    The Commonwealth v. Joseph Varner.
    Criminal Proceedings--Discontinuance. — The omission to file an Information at the same Term of the Superior Court at which the rule is made absolute, and leave given to file it, is no discontinuance of the Prosecution.
    At the April Term of the Superior Court of Halifax, in the year 1815, the Defendant was presented by the Grand Jury for retailing spirituous liquors to be drank where sold without license. A summons was awarded and issued returnable to the next September Term, to shew cause why an Information should not be filed against him for the offence aforesaid. The said Process was executed, and at the next Term, the Defendant having failed to appear, and shew good cause, the rule was made absolute, and it was ordered that an Information be filed against him for the said offence. The Information was not at that Term filed, but at the succeeding Term, April, 1816, it was filed, and the Attorney for the Commonwealth moved the Court to award a Summons against the Defendant to answer the Information. This motion was opposed by the Defendant, on the ground that no Process was issued at the last Term *of the Court, when leave was given to file the Information, nor was any other step taken at that Term except to make the rule absolute, and to grant leave to file the Information, and the Information was not filed until this Term. The Court doubting whether the omission to award process produced a discontinuance, adjourned that question to the General Court.
    
      
      See foot-note to last preceding case.
    
   PER CURIAM.

“This Court is of opinion, and doth decide that, the failure to file the Information, and to award process at the Term of the said Court held in September, 1815, did not produce a discontinuance of the said Prosecution.”

if ote (in edition of 18531. — See 1 Bev. Code of 1792, ch. 66, § 5. and ch. 67, § 4; and 1 Bev. Code of 1819, ch. 69, § 8, and ch. 71, § 6.  