for our said Lord the King prosecutes in this behalf, in his proper person comes into the court of our said Lord the King before the King himself at Westminster in the county of Middlesex, on [Wednesday next after three weeks of the Holy Trinity in this same term], and for our said Lord the King gives the court here to understand and be informed, that," &c. so proceeding to state the facts and circumstances constituting the offence, with the same certainty and precision as in an indictment, and in the same form, and according to the same rules, excepting that in introducing averments, instead of the words " And the jurors aforesaid upon their oath aforesaid do further present," are used the words, "And the said Attorney General of our said Lord the King, for our said Lord the King, further gives the court here to understand and be informed that," &c. The conclusion is the same as in an indictment.

The second and subsequent counts commence thus: "And the said Attorney General of our said Lord the King, for our said Lord the King, further gives the court here to understand and be informed that," &c. so proceeding to state the offence, and concluding as in an indictment. And to the conclusion of the last count are added these words: "And therefore the said Attorney General of our said Lord the King prayeth the consideration of the court here in the premises, and that due process of law may be awarded against him the said J. S. in this behalf, to make him answer to our said Lord the King, touching and concerning the premises aforesaid."

This information is filed in the crown ofhe without any leave previously obtained of the court for that purpose, and the court therefore will not entertain a motion by the attorney general for a criminal information at the suit of the crown, as in the ordinary cases of an information by the master of the crown office at the suit of an individual. 3 Bur. 1564. 4 Bur. 2089.

The court will not quash an information ex officio, at the instance of the prosecutor, because the attorney general may, if he will, enter a nolle prosequi; 1 Doug. 239, 340; and even upon the motion of the defendant, they will seldom quash them, but generally put the defendant to demur, &c. See Com. Dig. Information, D. 4.

SECT. 2.

Informations by the Master of the Crown Office.

What, and in what cases.] AN information by the master of the crown office, is a formal written suggestion of an offence committed, filed in the court of King's Bench, at the instance

of an individual, with the leave of the court, by the master of the crown office, without the intervention of a grand jury.

This, like the information ex officio (see ante, p. 37), lies for misdemeanors only, and not for treasons, felonies, or misprision of treason. Although the court have it in their discretion to give leave to file a criminal information of this description, for any misdemeanour whatever, yet they usually confine it to gross and notorious misdemeanours, riots, batteries, libels and other immoralities, of an atrocious kind, not peculiarly tending to disturb the government (for those are left to the care of the attorney general) but which, on account of their magnitude or pernicious example, deserve the most public animadversion. Thus, for instance, they have granted a criminal information for an attempt to bribe a privy counsellor to obtain a patent of an office under government; 4 Bur. 2494; for an attempt to bribe at an election for members to serve in parliament; 1 W. Bl. 541; for bribing persons, either by money or promises, to vote at elections of officers of corporations, 2 L. Raym. 1377, and the like. They have granted a criminal information for endeavouring to procure the appointment of certain persons to be overseers of the poor, with a view to derive a private advantage to the party. 1 East, 154, n. Where a music master, in consideration of a sum of money, assigned over his female apprentice to a gentleman, under pretence of her receiving lessons from him in music, but really for the purposes of prostitution, the court upon application granted a criminal information against the gentleman, the music master, and the attorney who drew the assignment. 3 Bur. 1434. 1 W. Bl. 410, 439. They will grant a criminal information also, for libels reflecting on the conduct of private individuals, if attended with circumstances of aggravation; See 2 Bur. 980. 1 Doug. 283. 387. Andr. 228; and for libels reflecting on the conduct of magistrates in the execution of their duties, see 1 Wils. 22, of members of parliament in the execution of their duties in parliament, see 1 Doug. 387, of persons high in office under government in the execution of their several duties, and the like. Where an order was made by a corporation and entered on their books, stating that J. S. (against whom a jury had given a verdict with large damages in an action for a malicious prosetion for perjury, which verdict had been confirmed in the court of Common Pleas) was actuated by motives of public justice, &c. in preferring the indictment, the court, deeming the order to be a libel reflecting upon the administration of justice, upon application granted a criminal information against the parties concerned in making it. 2 T. R. 199. So, where a defendant in an information, immediately before the trial, distributed handbills in the assizes town, vindicating his own conduct and reflecting on that of the prosecutor; the court, considering the handbills to have been distributed by the defendant

for the purpose of influencing the jury in his favour at the trial, granted a criminal information against him. 4 T. R. 285. So, the court granted a criminal information against a person for publishing the proceedings before a coroner, with comments, previously to the trial, although the statement were correct and no malicious motive shewn; for such publications have a tendency improperly to influence the public mind, and particularly the jury by whom the cause is afterwards to be tried. 1 Barn. & Ald. 379.

The court will grant a criminal information against a magistrate for any illegal act committed by him from corrupt or vindictive motives; see 2 T. R. 190. 1 T. R. 692. 3 Bur. 1716. 1317. 1 Doug. 426. See Andr. 238. 272. 1 Str. 21. 413; but not where he appears to have acted from ignorance or mistake merely; 1 T. R. 653. 1 East, 186. 3 Bur. 1318. 2 Id. 785. 1162. 3 Barn. & Ald. 432; nor will they grant it against justices acting in sessions, except in very flagrant cases. 1 W. Bl. 432.

So, against ministerial officers, for any act of oppression, or for any illegal act committed by them, in the execution of their duties, from corrupt, vindictive, or other improper motives, the court will grant a criminal information; see 4 Bur. 2106. Cald. 246; but not where they act from ignorance or mistake merely. See 1 Chit. Rep. 702. The court, however, have granted a criminal information against a person for refusing to take upon himself the office of sheriff, because the vacancy of the office occasioned an interruption of public justice, and the year would be nearly expired before an indictment could be brought to trial. 2 T. R. 731. See 2 Str. 1193, 1 Wils. 18.

The court, however, will not in general grant a criminal information for an illegal act, committed by a person under a bona fide conviction that he was merely exercising a legal right; 3 Barn.& Ald. 668; or where the application is made against a poor man residing at a distance, to whom it would be very inconvenient, if not impossible, to shew cause against the rule, or to appear afterwards to receive judgment if convicted. See Cald. 246. They have refused it, also, against the members of a corporation, for a misapplication of the corporation funds, it being rather a subject for an application to the Court of Chancery. 2 T. R. 199. They have refused it, for the misapplication of money collected on a brief; 1 W. Bl. 443; and for not collecting money on a brief. 2 Str. 1130. They have also refused to grant it, where it appeared that the party applying had suppressed some of the material facts of the case, and misrepresented others. 3 Bur. 1683. So, where an application for a criminal information was made, for raising great sums by subscription, for trading purposes, as being one of those schemes denounced by stat. 6 G. 1. c. 18. s. 18; the

court refused to grant it, as the statute had not been acted upon for a great length of time, and was now sought to be inforced by a private relator, who seemed not to have been deluded by the project, but to have subscribed with a view to an application to the court. 9 East, 516. So, the court refused an information for sending a challenge, when it appeared that the party applying, had previously written letters to the other, provoking him to fight; but the court said, that if both parties had applied for informations, they would have granted them. 1 Bur. 316. So, an information has been refused, where the application was made by notorious gamesters, against other gamesters, for a conspiracy to cheat them at a race. 1 Bur. 548. Even in cases which would warrant an information, if the court think that it will be sufficient punishment for the defendant to pay the costs already incurred by the prosecutor, they will discharge the rule nisi, upon those terms, if acceded to by the defendant. 1 Doug. 314. 426.

When and how to be moved for, &c.] The application is for a rule to shew cause why a criminal information should not be filed against the party complained of, and must be founded upon an affidavit, disclosing all the material facts of the case. If the court grant the rule nisi, it is afterwards, upon shewing cause, discharged or made absolute, as in ordinary cases. It may be necessary to mention that the motion must be made by a barrister or serjeant; the court will not entertain the application, if made by a private individual. 1 Chit. Rep. 602.

The application must be made within a reasonable time, or the delay must be satisfactorily accounted for. The only exception to this, is, the case of bribery at parliamentary elections, a criminal information for which cannot be moved for, until after the two years have elapsed, within which an action may be brought for the penalties. See 1 W. Bl. 541. If the application be made against a magistrate for any thing done by him in the execution of his office, if the offence were committed in vacation, the motion must be made in the next term, if it be an issuable term, or in the second term, if the first be not an issuable term; see 13 East, 270; but if the offence were committed in term time, the application may be made either in that term, or it should seem in the next, particularly if there be not a sufficient number of days remaining of the first term, to allow a reasonable time for the prosecutor to obtain his rule nisi, and for the defendant to shew cause against it. The application against a magistrate, if made in the same term in which the offence was committed, is allowed to be made at the latter end of the term; 7 T. R. 80; if made in another term, or if the offence were committed in vacation, it must be made so carly in the term, as to afford sufficient

time for him to shew cause against it during the same term. 13 East, 322. 7 T. R. 80. Before the court entertain an application for a criminal information against a magistrate, for convicting without having summoned the party, the conviction must be removed. 2 Str. 915. They have refused an information against a clergyman for perjury upon his admission to his living, until after he was convicted of the simony. 1 Str. 70. Nor will they grant an information for an attempt to suborn witnesses in a civil suit, while the action is pending, except in very clear cases. Hardw. 244.

The affidavit upon which the application is made, must disclose all the material facts of the case; if a material fact be suppressed or misrepresented, the court, we have seen, will discharge the rule, very probably with costs. Also, as the court in these cases are in a manner substituted for a grand jury, they will in general expect that the facts so disclosed shall amount to such evidence as would satisfy a grand jury, if an indictment were preferred for the offence. 6 T. R. 294. 3 Barn. & Ald. 583. If the subject of the application be a libel upon an individual, charging him with a particular offence, the court always require the prosecutor to deny the charge upon oath, before they will grant the information; 1 Doug. 283, 284. 387; but if the charge be general, or if it relate to any thing said or supposed to have been said by the prosecutor in parliament as a member, it is otherwise. 1 Doug. 387. So, where a criminal information was applied for against a magistrate, for improperly convicting a person, the court refused to grant it, unless the party complaining would make an exculpatory affidavit denying the charge. 3 T. R. 388. The affidavit upon which the rule nisi is moved for, must not be intituled in any cause; the affidavits, upon shewing cause, are intituled, the King v. the party complained of. Str. 704. It may be necessary also to mention, that if it be intended to file a joint information against several persons, the application should be joint against all in the first instance; for where distinct rules were obtained against five persons severally, and one information thereupon filed against them jointly, the court, upon application, set aside the proceedings. 3 Bur. 1270.

Form of it.] The form of an information filed by the master of the Crown Office, is thus :

Trinity Term, 3 George 4.

"Middlesex: Be it remembered, that Edmund Henry Lushington, Esq. coroner and attorney of our Lord the now King, in the court of our Lord the King, before the the King himself, who