in the order in which the names of the witnesses appear on the back of the bill; and if a majority of the grand jury, consisting of twelve at the least, agree in thinking there is sufficient evidence to put the defendant on his trial, they endorse on the bill of indictment "a true bill"; but if the majority think there is not sufficient evidence, or if the majority (if a number less than twelve) should even think there is, then the words "no bill" are endorsed. The bill of indictment is then returned publicly into court by the foreman of the grand jury; and if the indictment is found (for it is previously in law only termed a bill), the prisoner is arraigned in due course and put upon his trial.

The grand jury may insist upon the same strictness of proof as is required on the trial, though it is not usual to do so, nor to weigh the evidence with that degree of scrutiny with which it is afterwards sifted by the judge and jury. They are to hear evidence only on behalf of the prosecution; for the finding of an indictment is merely in the nature of an inquiry or accusation, which is afterwards to be tried and determined: and their duty in this respect, is solely to enquire upon their oaths, whether there be sufficient cause to call upon the party to an swer it; they are therefore not to try the prisoner, but merely to determine whether the evidence against him is of such a nature as to render necessary a more formal investigation into the fact of his innocence or his guilt; but they ought, nevertheless, to be thoroughly persuaded of the truth of the indictment, as far as their evidence goes, and not to rest satisfied merely with remote probabilities, a doctrine that Blackstone rightly observes might be applied to very oppressive purposes. -4 Bl. Com. 303.

Where there is only one count in the indictment, the grand jury cannot find "a true bill" as to part, and "not a true bill” as to the other part; for they ought to find the whole or nothing. -1 Haw. c. 64, § 40; 2 Id. c. 25, § 2. But where the indict ment contains two counts, as one for a riot, and one for an assault, they may then return "a true bill" as to one count, and ignoramus as to the other.-R. v. Fieldhouse, Cowp. 335. But where the evidence bears upon all the counts, and the offence is only stated in a different form, it is better to find the whole bill, than to elect one count and ignore the others, since it is possible that the prosecution upon trial might fail upon the one so elected, and might have succeeded upon one of those ignored. When a bill is thrown out by the grand jury, it cannot again be preferred to the same jury during the same assizes or sessions but it may be preferred at the next assizes or sessions, if the prosecutor is not prevented by any lapse of time

limited for the prosecution. It is improper to prefer two bills at the same time for the same offence, before the grand jury, that is to say, one bill treating the offence as a felony, and the other as a misdemeanor: but after a bill for felony has been returned "no bill" by the grand jury, it would not be improper, if the facts warranted such a course, to prefer another bill before the same grand jury, for a misdemeanor; as for instance, if a bill of indictment be preferred for rape, and ignored, another may very properly, and perhaps successfully, be preferred for the misdemeanor, viz., an assault with intent to commit a rape.

Of granting a copy of the Indictment.

In cases of high treason, the prisoner is, by virtue of the 7 Anne c. 21, entitled to a copy of the indictment, with a list of the witnesses and jurors, ten days before the trial.

In cases of felony, a copy of the indictment is never granted without the permission of the court.-Order of the Judges, 16 Car. 2.

In prosecutions for misdemeanor, the defendant is entitled to a copy of the record, as a matter of right, without any previous application to the court.-1 Bl. 385, Selw. N. P. 952. So in the case of a conviction by a magistrate.

INDIGENT DEBTORS.

*By 11 G. IV. c. 4, it is enacted, that it shall not be lawful for the sheriff or other officer to seize in execution the necessary wearing apparel of the debtor or debtors, or his, her or their family; nor the bed or bedding in actual use by the family.

INDUSTRIAL FARMS.

By 12 V. c. 81, § 139, the municipal corporation of any town or city is authorized to purchase and hold landed property beyond the limits of such municipality, for the purpose of an industrial farm for such town or city; which farm, with all the buildings, &c., shall, with regard to jurisdiction only, be deemed and taken to be within such limits and jurisdiction. § 140. And the mayor, recorder, police magistrate, or any two aldermen or justices of the peace for only such town or city, may commit to hard labour at, or send to such industrial farm, under such regulations as shall be established, any description of persons as may, by the by-laws of such town or city, be declared expedient or necessary.

INFANT.

An infant (or minor) in law, is any one who is under the age of 21 years. But with respect to criminal offences, the

law considers the age of 14 years the age of discretion, and that any one above that age has a sufficient knowlege of right and wrong to be criminally answerable for his actions. An infant under 14, is presumed by law to be incapable of committing a rape.-1 Wale, 630. With respect to the competency of an infant to be a witness, the old rule was, that none could be admitted under 9 years of age; but a more reasonable rule has since been adopted; and it is now settled that their admissibility depends on the understanding of the child, and the notion it has of the danger and impiety of falsehood, and that this must be collected from the child's answers to questions propounded by the court.-I East. P. C. 442; 1 Wale, 302.

INFORMATION.

:

An information, in its confined sense, is a complaint exhibited before one or more justices of the peace, upon oath or otherwise, which the defendant is summoned to answer, or upon which a warrant issues to apprehend him in its more enlarged and comprehensive sense, it is an accusation or complaint exhibited against a person for some criminal offence, either against the king or against a private person, which, from its enormity, the public good requires to be immediately restrained; and it differs only from an indictment in this particular, viz., that the latter is an accusation founded on the oath of twelve men, whereas, an information is only an allegation of the officer who exhibits it.

Informations at the suit of the king are filed by the attorney general, ex-officio, and without any previous application to the court for a rule to file the same, and these are properly the king's own suits. But in those at the relation of private persons, the king is only the nominal prosecutor, and none such could be filed without a rule on the person complained of, to shew cause to the contrary; which rule is never granted but upon motion made in open court, and an affidavit of the facts in relation to the charge of complaint.

Compounding informations, on penal statutes, is an offence punishable by 18 Eliz. c. 5, which enacts, that any person inforining under pretence of any penal law, who shall make any composition without leave of the court, or take any money or promise from the defendant to excuse him, shall forfeit £10, and shall stand two hours in the pillory, and be disabled in future to sue on any popular or penal statute.-2 Haw. P. C.

c. 26.

Whenever a statute requires that an information taken by a magistrate should be in writing, such direction must be complied with, but otherwise it is not absolutely necessary, nor is

it required to be on oath, unless the statute enjoins it; but in general it is advisable that the information be taken in writing, and upon oath. As the information is the foundation of all subsequent proceedings, it must set forth the day and year on which it was taken, and place where; the name and style of the justice or justices before whom taken; and finally the charge distinctly, and the time when the offence was committed, if it can be ascertained. If there are several offenders, each must be named.-8 T. R. 503.

If the information forms a complete foundation for the subsequent judgment, no evidence can be received to extend or supply a defective charge, as the defendant can only be convicted of the charge in the information-Doug. 232; therefore the want of regular allegations in an information cannot be supplied by evidence.

In information before justices, on any penal statute, the defendant need not appear in person, but may entrust his defence to another.-1 Str. 15.

An information must contain the charge direct, as specified in the act of parliament, and not merely facts amounting only to a presumption of guilt.-10 Mod. 155. But an information taken before magistrates need not be more particular than an information filed in the Court of King's Bench.—T'. R. 356.

When justices of the peace act uprightly, though they mistake the law, the court will not grant an information against them-1 T. R. 653; but the party will be left to the ordinary remedy by indictment or action; nor for an improper conviction, unless the party complaining make an exculpatory affidavit, denying the charge.-3 T'. R. 388.

Information will be granted against a justice, as well for granting as for refusing an ale license, improperly-1 T. R. 692. And for convicting a person without a previous summons-Sir.. 677.

A criminal information may be moved for against magistrates, for misconduct in their office, in the second term after offence committed, there being no assize intervening-13 E. R. 270; but the application must be made sufficiently early in the second term to give the defendants an opportunity of shewing cause against it in the same term.-13 E. 322. And the court will grant a rule nisi for a criminal information against a justice, for malpractices during the term; but not for misconduct before the term.--7 T. R. 80.

The following is the form of an information, at the suit of an informer, where he is entitled to a portion of the penalty, only; or, as it is usually termed, an

Information QUI TAM. (Archbold.)

Be it remembered, that on the
the year of our Lord

at

day of
in the said

in

County of to wit. county, C. D., of - in the county aforesaid, constable of the said township, who, as well for our sovereign lady the Queen as for himself doth prosecute in this behalf, personally cometh before me (or us)—of her Majesty's justices of the peace for the said county, and as well for our said lady the Queen as for himself, informeth me, (or us) that A. B. late of— in the county aforesaid, labourer, within the space of (one year, or whatever time is limited by statute) now last past, to wit, on the

day of in the year aforesaid, at - aforesaid, in the county aforesaid (here state the facts and circumstances constituting the offence, as defined by the statute creating it), contrary to the form of the statute in such case made and provided; whereby, and by force of the statute in such case made and provided, the said A. B. hath forfeited, for his said offence, the sum of Wherefore, the said C. D. who sueth as aforesaid, prayeth the consideration of me (or us) the said justice (or justices), in the premises, and that the said A. B. may be convicted of the offence aforesaid; and that one moiety of the said forfeiture may be adjudged to our said lady the Queen, and the other moiety thereof to the said C. D. according to the form of the statute in that case made and provided; and that the said A. B. may be summoned to appear before me (or us), and answer the premises, and make his defence thereto. Exhibited before

C. D.

NOTE. It should be observed, as a general rule, that in all informations for penalties, wherein the informer is interested, by reason of his being entitled to a part of the penalty, upon conviction, he cannot be a witness. The information, therefore, would not be upon oath; it should be merely subscribed by the informer; and the facts must be proved by other testimony.

INNS AND INNKEEPERS.

Detaining Goods for the Reckoning.

It is said an inn-keeper may detain the horse of any guest for his feed, till payment.-Bac. Abr. Inns. But a horse committed to an inn-keeper, may be detained only for his own meat, and not for the meat of the guest, or of any other horse. -Ib.; 1 Bulst. 207. An inn-keeper that detains a horse for his meat cannot use him.-Bac. Abr. Inns.

Goods of a Guest Stolen out of an Inn.

An inn-keeper is answerable for those things which are stolen within the inn, though not delivered to him to keep, and though he was not acquainted that the guests brought the goods to the inn; for it shall be intended to be through his negligence, or occasioned by the fault of him or his servants.-8 Co., Caley's case. So, if he puts a horse to pasture without the direction of his guest, and the horse is stolen, he must make satisfaction; but otherwise, if with his direction.-Ib. In like manner, if