170. If an action, suit or information is brought, and due notice thereof is given to the defendant, no proceedings shall be had upon any subsequent action, suit or information against the same person for any offence committed before the time of giving such notice; and the court wherein a subsequent action, suit or information is brought and pending may, upon the defendant’s motion, stay proceedings, if such first action, suit or information is prosecuted without fraud and with effect; and no action, suit or information shall be deemed an action, suit or information, within the meaning of this subdivision, unless it be so prosecuted without fraud and with effect.
R. S. 1964, c. 20, s. 180.