in the fame,fet forth what his true name is, and then he concludes himself; and if the grand jury be not difcharged, the indictment may presently be amended by them, and returned according to the name he gives himself. 2 Hale's N. P. C. 238. [D] 14 Vin. 404. [D] 14 Vin 407. [G] 14 Vin. 408. Indorsement. Ante, 1 Suppl. tit. Bills of Exchange, (H), p. 557. (Q), ib. 567. Infidels, Ante, 4 Suppl. tit. Evidence (A), p, 201. 1 I. 1. FOR Information. (B) For what. OR attempting to bribe a privy counsellor to procure a reverfionary patent of an office grantable by the king under the great feal. Rex v. Vaughan, M. 10 G. 3. 4 Burr. 2494. 2. For printing and publishing an obfcene book. Rex v. Curl, M. 1 G. 2. 2 Stra. 788. 3. For printing in a newsfpaper, that A., juftice of peace, was fcandaloufly guilty of telling a lie in divers companies, viz. "that defendant had afked his pardon for publifhing that A. was to be married to W.;" for giving the lie tends to a breach of the peace. Rex v. Staples, T. 11 & 12 G. 2. Andr. 228. 4. Norman, an attorney, who was a commiffioner to take affidavits in B. R., upon an arbitration to end some matter of differ, ence between two perfons upon an indictment in that court, examined feveral perfons ore tenus upon oath, without putting the matter into writing. Per tot. cur. This is fuch an offence for which an inforination must go. Rex v. Norman, Efq. B. R. 1 Wilf. 7. 5. Information fhall go against a juftice of peace for committing a man for not paying is. for discharging his warránt. v. Jones, ibid. Rex 6. Information was granted for these words in a letter to the mayor of Richmond, viż. "I am fure you will not be perfuaded "from doing justice by any little arts of your town.clerk, whofe "confummate malice and wickedness against me and my family " will make him do any thing, be it ever fo vile." Rex v. Waite, ibid. 22. 7. The court granted an information against the defendant, as for a nuifance, on affidavits of his keeping great quantities of gunpowder, to the endangering the church and houfes where he lived. Rex v. Taylor, 2 Stra. 1167. 8. Information granted for illegally impreffing and confining a recruit. Rex v. Drew, 1 Stra. 404. 9. For giving a ludicrous account of a marriage between an actress and a married man. I Blac. 294. 10. If a captain of a man of war refufe to let the coroner come aboard his fhip, lying in the body of the county (as in Portf mouth harbour), to take an inquifition of one who had hanged himfelf there, information fhall be granted. Rex v. Selguard, And. 231. Stra. 1097. 11. If a justice of peace, without whom the feffions could not be held, voluntarily abfent himself, information lies. Rex v. Fox, I Stra. 21. 12. So, if he refuse to put the act 1 G. c. 13. for taking the oaths, into execution, on application made to him. Rex v. Newton, Stra. 413. 13. Information lies for publishing two diftinct libels on two distinct persons, one a libel on his fon, the other on his daughter, to difcredit and difturb him and them. Rex v. Benfield, 2 Burr. 980. 14. It lies against the judges of an inferior court, for unduly discharging a debtor out of their prifon. Attachment alfo lies; for it is a contempt. Per Hardwicke C. J. Moravia's cafe, T. 8 G. 2. 1 Burr. 135. 15. The court granted an information against one for refufing to take upon him the office of theriff, because the vacancy of the office occafioned an interruption of public juftice, and the year would be nearly expired before an indictment could be brought to trial. Rex v. Woodrow, 2 Term Rep. 731. 16. The court will grant a rule nifi for a criminal information at the end of a term against a magiftrate for malpractices during the term, but not for any misconduct before the term. Rex v. C. Smith, M. 37 G. 3. 7 T. R. 80. 14 Vin. 473. I. (C) In what Cafes. A a girl, is put apprentice to B., a mufic-mafter, by her father, who is bound in 2001. for performance of covenants A. is debauched by C., B. afterwards difcharged the indenture, and releafes the penalty to the father, and gives her up to C. without the father's knowledge, who pays him the penalty of 200/., and gives bond that B. fhall have the profits of A.'s finging that year. A. is indentured to C., a gentleman, to learn mufic of him, and covenants inter alia "not to quit his apartment." The articles are executed by all but the father; bond from him for A.'s performance of covenants is drawn, but not executed, and the goes and lives with C. as a kept mistress: information lies against B., C., and D. the attorney who drew the inftrument, and was privy to the whole, for a confpiracy. Rex v. Delaval, T. 3 G. 3. 3 Burr. 1434. 2. An information lies for contriving to get a young lady out of the cuftody of her guardin, affigned in Chancery, and marrying her; though the voluntarily went into a coach prepared for the purpose of carrying her off. Rex v. Lord Offulfton et al. 2 Stra. 1107. Andr. 310. S. C. 3. If a ftatute makes a thing criminal which was lawful before, an information lies for an attempt to do it; as when going to France during a war, without licence, was made high treason, an attempt to go to France was confidered a great misdemeanor, for which an information lay. 3 Com. Dig. 520. 4. A criminal information having been granted against the defendant, he, before the trial at nifi prius, diftributed hand-bills in the afsize town, vindicating his own conduct, and reflecting on the profecutor's. This matter being disclosed to the Judge at nifi prius by an affidavit, was held a fufficient ground to put off the trial; and that affidavit being returned to the Court of King's Bench, they granted another information on it against the defendant for fuch criminal cond ct, confidering the affidavit taken at nifi prius as taken under the authority of this court. Rex v. Jolliffe, T. 3: G. 3. 4 T. R. 285. 5. The court will not grant an information against a magistrate for having improperly convicted a perfon, unless the party complaining make an exculpatory affidavit denying the charge. Rex v. Webster, 3 T. R. 388. 6. A motion was made for an information for fending a chal lenge by letter. Copies only, not the original letter containing the challenge, were produced. The Court granted the rule, upon reading the copies only, they being fufficiently verified. Rex v. Chappel, 1 Burr. 402. 7. For one fingle act, in ufurping an office, an information lies at law, for punishment of the offender, but not on 9 Ann. c. 20.9 which entitles to cofts, and relates only to franchises affecting rights between party and party. Rex v. Williams, 1 Burr. 402. 8. If 8. If juftices hold a petty feffions to fearch for vagrants, and one confeffes himself settled at A., and they remove him thither, and he returns the fame day, and one of the juftices prefent at the feffions, without fummous or oath, convict him; the court will grant an information. Rex v. Angell, 1 Burr. 124. 9. And, in general, information lies for any offences against the public good, or against the first and obvious principles of com mon honesty. 4 Hawk. P. C. 86. f. 1. (E) Proceedings in general. 1. THE 2. The court will not grant an information against a magiftrate for having improperly convicted a perfon, unless the party complaining make an exculpatory affidavit, denying the fact. Rex v. Webfter, 3 T. R. 388. 3. If five feveral rules are obtained for informations against five feveral defendants, one joint information cannot be filed against them on these rules, though it be for a joint offence. Rex v. Heydon, H. 2 G. 3. 3 Burr. 1270. 4. If there is information for perjury on trial of information for a confpiracy, and all parties agree, the court, on confent, may atreft judgment on the confpiracy, and quafh the information for perjury. Rex v. Green, Rex v. Roper, 2 Stra. 1072. 5. Information may be quafhed on motion, without demurrer, for defect of jurifdiction. Rex v. Williams, 1 Burr. 385. 6. If the record of an information on a penal statute does not fet forth all the things done, as required by 18 Eliz. c. 5., and it removed by certiorari by the profecutor before defendant has pleaded, it is not amended by thefe things appearing in the return, but all proceedings fhall be ftayed on motion. Rex v. Holmes, Burr. 365. 14 Vin. 415. of Rex v. Robinfoa. 7. Where there is a rule to fhew caufe why an information In the cafe fhould not be granted, the affidavits, on fhewing caufe, may be entitled The King v. A. (the defendant.) The King v. Jones, Eq. Tri 2 Stra. 704. 5G. 3 BR. the affidavits produced by the defendants in shewing caufe, were not intitled. Mr. Dunning objected to the reading of them. But the court held that they might be intitled or not, on the thewing caufe, and the amdavits were read, and the rule discharged. Vide 2 Stra. 704. NOLAN's cait. in notis. Rex v. Harrifon, 6 T. R. 60. agrees with this cafe of Rex v. Robinfon; and the above cafe of the King v. Jones, does not contradict either, as it goes only to fay that intitling the affidavits tha prevent their being read in fhewing caufe against the rule si. But Rrx v. Pierfon, 313. and Bevan v. Bevan, 3 T. R. 601, are contrà. 8. The defendant, who had been arrested for penalties under the lottery act, was difcharged on common bail, because the affidavit to hold to bail was intitled, there being no cause then in court. Rex v. Cole, E. 36 G. 3. 6T. R. 640. 9. The court refused to discharge a defendant out of custody, on the ground that the affidavit, on which he had been holden to bail, was intitled in the caufe. Clark v. Cawthorne, 7 T. R. 321. 10 By Rules and Orders in the Exchequer, rule 48. in an information in the Exchequer upon feizure, &c. a fhort note of the names of the parties, the quality of the goods feized, and the day in which the information was exhibited, fhall be entered in a book of the clerk of the office, to be prepared for fuch intent. 11. So, in an information upon a penal ftatute, there shall be an entry of the names of the parties, and the day of information. Rules and Orders in the Exchequer, Rule 48. 1. (F) Pleadings. AN information for mooring a merchant ship, at the King's Moorings, on 10 Ann., is good against the mafter, though it does not aver that he was on board at the time of the mooring. Horfeman v. Gibfon, H. 3 Geo. in Sc. Fort. 32. 2. Information upon a ftatute muft fet forth every thing requifite to bring the offence within it. As in an information upon the ftat. 11 & 12 W. 3. for having India filks, it must aver that there were warehouses flill continuing at the time of the feizure, and that the goods were not delivered out on fecurity. Holden v. Weedan, T. 1724. Bunb. 177. 3. A. was furety for one of the clerks of B. (cafhier of the Excife), and entered into a bond for the purpofe; upon an information of debt upon this bond it was moved for leave to plead double, viz. non eft factum, and conditions performed, which was granted. The Attorney-General v. Snow, Hil. 1721. Bunb. 95. 4. On a trial upon an information against the defendant for being concerned in unfhipping, &c. contrary to the statute 8 Anna, it was objected that one Ruffell had been guilty, on an information of the fame nature for the fame goods, and was actually in execution in the Fleet upon that judgment; and therefore the crown could not have a double fatisfaction, and quoted Moore, 553. Noy. 62. Cro. Eliz. 480.; and infifted that in this cafe an audita querela did not lie. REYNOLDS, Ld. Ch. Baron, thought the defendant might have pleaded this matter puis darrien continuance ; but, however, that Ruffell's being in execution in the Fleet, was not a fatisfaction to the crown: and fo the defendant went into evidence, and on proof it plainly appeared that the witnefs for the crown was perjured, fo Mr. Attorney-General gave it up; and there was a verdict for the defendant. The Attorney-General v. Popplefone, Hil. 1731. Bunb. 311. |