Page:Prerogatives of the Crown.djvu/352

 332 Information. [Ch. XII. Sec. IV. • SECT. IV. Information, Another prerogative process is by information^ filed in the Exchequer, at the instance of the King's attorney-generaL This is wholly different from the criminal proceeding by in- formation in the King's Bench, in which the object is the punishment of some public offence. The prerogative remedy here treated of, is in the nature of a civil action at the suit of the Crown, and is instituted for the purpose of obtaining satis- faction in damages for some injury to Crown possessions, or to recover money due to, or goods claimed by, the King. The information is not founded on any writ, but merely on the in- timation of the attorney-general ; upon which the party is put to answer, and trial is had as in ordinary cases (fl). Informations are, generally speaking, of three descriptions. 1. Informations of /w^n/5/on. 2, Of debt, 3. In rem. An information of intrusion is in the nature of an action of trespass, qiiare clausum f regit {b), and is usually brought against the tortfeasor, or if dead, his executor (c), for trespass com- mitted on the lands of the Kmg{d); as by entering thereon without title, holding over after a CroTi lease is determined, taking the profits, cutting down timber, and the like {e). The information of intrusion into land states {f% that the attorney-general gives the Court to " understand and be in- formed" that certain land (the particular species or quality of which need not be described {g) ), ought to be in the hands and possession of the King, in right of his Crown of England, &c. Nevertheless the defendant contriving the disinherison of his Majesty with fol'ce and arms to in and upon his posses- sion, entered, intruded and made ingress, and with cattle depastured, &c. Wherefore the said atttorney-general of our said lord the King (who for our said lord the King in tliis behalf prosecuted), for our said lord the King, prays the con- (a) 3 Bla. Com. 261. (c) 3 Bla. Com. 261. (b) Sav. 48. (/) See Co. Entr. 372, b. F. N. B. (c) Sav. 40. 90, I. Plowd. C6m. 547. ((/) Cro. Jac.212. 1 Leon. 48. (g) Sav. 48. sjderation