Watkin's Case , 1 N.C. 711 ( 1793 )

It has been adjudged that an action upon the statute de seandalismagnatum, although it be tam pro domino rege quam pro se ipso is not discontinued by the King's demise. For the contempt of the King is collateral. But when the King recovers part, then it is discontinued by the demise of the King. One cannot be nonsuited on a prohibition if there be no other process, etc.

JONES, J., assented. Palm., 422; Bendl., 163, 170; Noy, 70; 3 Bulst., 314.