The distinction between an English information and an action of ejectment with respect to the onus probandi is discussed in A.-G. v. Reveley (1869), Karslake's Rep.

Exceptions.

Exceptions to the defendant's answer appear to be governed by the following regulations:

(1) The Crown must give notice of the filing of the exceptions, and the defendant must obtain a copy thereof from the King's Remembrancer's Department.

(2) The informant must give notice of the exceptions being set down for argument.

(3) If the defendant submits to the exceptions he must give notice of his intention, both to the informant's solicitor and to the King's Remembrancer, two clear days before the day fixed for the argument.

(4) Eight days after submission he must file a further answer or apply to a judge for further time.

As to the conditions under which an answer is to be deemed sufficient, and as to the answer, where the defendant is ordered to answer amendments and exceptions together, see "Answer, Plea and Demurrer."

Omission to except to the answer does not bar the Crown's right to full discovery. (A.-G. v. Newcastle-upon-Tyne Corporation, [1897] 2 Q. B. 384; 66 L. J. Q. B. 593.)

In an information in Chancery, the Court being of opinion that the interrogatories were more extensive than the purposes of the suit required, referred it to the Attorney-General to consider what course ought to be taken with regard to the exceptions to the answer, staying all proceedings in the meantime. (A.-G. v. Carlisle Corporation (1831), 4 Sim. 275.)

Execution.

See above, pp. 162, 221, and the Crown Suits, &c. Act, 1865, s. 50, and the Act applied thereby (p. 700).

Fees.

See above, p. 222, as to the application of the Order as to Supreme Court Fees of 1884, r. 2. A table of fees will be found in the Rules of 1865 (below, p. 805), and a table of fees and charges to be allowed to solicitors is annexed to the Rules of 1866, and printed below, p. 827.

Information.

See also" Amendment," "Service."

By the Crown Suits, &c. Act, 1865, ss. 7, 8 (p. 693), all informations must be printed and are to be served direct, with an indorsement in the form given in Sched. I. to the Act (p. 704), with such variations as circumstances require. The present form is printed below, p. 285. No preliminary writ is required.

By sect. 9 service is effected in the same manner as service of a writ of subpoena (see above, pp. 229, 230), save that the original information shall not be produced; but in the case of a corporation aggregate service is effected by delivery of a printed information, with the indorsement, to the mayor or other head officer, or to the town clerk, clerk, treasurer or secretary of the corporation.

The information served must be first so marked by the proper officer of the Court as to indicate the filing of the information and the date of the filing. (Sect. 10.)

The defendant is entitled to as many printed copies of the information as he requires, at the rate of d. per folio of seventy-two words. (Sect. 11 and Rule 1 (2), pp. 693, 808.)

Rule 1 (1) describes the exact manner in which the information is to be printed. It is to be divided into paragraphs numbered consecutively.

As to the issue of process in vacation, see the Exchequer Court Act, 1842, s. 8 (p. 663).

Several precedents of informations will be found below, pp. 286 sqq., including precedents of informations and bills, where a plaintiff is joined with the Attorney-General.

The information in A.-G. v. Burridge (1822), 10 Price, 350, which is fully set out in the report, is referred to by the reporter as a model of English informations relating to foreshore rights.

Formerly informations were addressed to the Chancellor, the Chief Baron and the Barons of the Exchequer.

The general character of English informations is discussed above,

p. 234.

It appears from A.-G. v. Mico (1658), Hard. 137, and A.-G. v. Anon. (1661), Hard. 201, that the Attorney-General might file an information for the discovery of goods, and so sue for the duty on them, if he waived his right to prosecute for forfeiture and penalties. See further, "Answer, Plea and Demurrer," above, p. 245.

Injunction.

Where the Court is moved to grant or dissolve an injunction in a pending suit, the defendant's answer is to be regarded merely as his

affidavit, and affidavits may be received and read in opposition thereto. (Rule 10 (17), p. 822.)

Interrogatories.

See also "Answer, Plea and Demurrer," "Exceptions."

By the Crown Suits, &c. Act, 1865, s. 13 (p. 693), an information is not to contain interrogatories, but the informant may file interrogatories for the examination of defendants from whom he requires an answer, and deliver to each such defendant or his solicitor a copy of the interrogatories, or of such of them as are applicable to the particular defendant, within the time limited by the Rules.

By Rule 4 (1, 2) (p. 811), such interrogatories are to be filed within eight days after the time limited for the appearance of the defendant, or, after that period, by special leave of the Court or a judge.

The copy to be delivered to the defendant or his solicitor is to be examined with the original by the clerks of the King's Remembrancer, and they, on finding it correct, are to mark it as an office copy. (Rule 4 (3).)

If the defendant does not appear within the time limited by the Rules, the informant may deliver such copy interrogatories to the defendant at any time after the time limited for his appearance and before he appears, or to the defendant or his solicitor within eight days after his appearance. (Rule 4 (4).)

Interrogatories are to be written on paper of the same description and size as that on which informations are to be printed. (Rule 14, p. 824.)

As to interrogatories for examining witnesses out of the jurisdiction, see Rule 10 (1), p. 819.

King's Remembrancer's Department.

See above, p. 225. Rule 139 of the Rules of 1860 is reproduced in Rule 22, p. 826.

Limitation of Time. See the general article below, p. 566.

Motions and other Applications.

Ord. LII., relating to these matters, is applied by Ord. LXVIII.

r. 2.

By Rule 5 (6) (p. 813), corresponding to Ord. LII. r. 5, unless the Court or a judge gives special leave to the contrary, there must be at least two clear days between the service of a notice of motion and a day named in the notice for hearing the motion. Quære whether

the remainder of the clause, as to the computation of the days, is superseded by Ord. LXIV. r. 2, applied by Ord. LXVIII. r. 2.

New Trial.

There are no provisions as to a new trial which apply to proceedings in equity on the Revenue side of the King's Bench Division.

Nolle Prosequi. See "Discontinuance," and above, p. 218.

Non-compliance with the Rules, Effect of.

Ord. LXX. is applied by Ord. LXVIII. r. 2. As to its effect, see above, p. 226.

Notices, Printing, Copies, &c.

See Ord. LXVI., applied by Ord. LXVIII. r. 2.

Parties.

See the Crown Suits, &c. Act, 1865, ss. 5, 6 (p. 692), and Rule 24 (2). As to English informations by the Attorney-General of the Prince of Wales, see also A.-G. to the Prince of Wales v. St. Aubyn (1811), Wight. 167. See further the note on "Parties" in proceedings at law, above, p. 226; and the article on the Prince of Wales and Duke of Cornwall, above, p. 7. As to an English bill in Chancery by the Queen Consort, see above, p. 6.

As to appearance by infants and persons of weak and unsound mind, see "Appearance."

A plaintiff may be joined with the Attorney-General, in which case the process is entitled "information and bill."

In A.-G. v. Chitty (1749), Fowler, Exch. Pr. (ed. 2), I. 105, an information for the discovery of the quantity of raisins imported by the defendant, and for payment of the higher duty thereon, the Crown having obtained judgment and having had the defendant committed for non-payment, his brothers, who paid the debt, were ordered by the Court to stand in the place of the Crown, and to have the aid of the Court to reimburse themselves.

Pauper.

Where a defendant defends in formâ pauperis, his answer is to be filed, divided into paragraphs, and written book wise upon paper of the same size and description as that upon which informations are printed; but the other provisions as to printing, certifying and providing copies of answers do not apply. (Rule 6 (13), p. 814.)

See Fowler, Exch. Pr. (ed. 2), I. 425, for the practice as to the admission of persons to defend in formâ pauperis.

Payment into and out of Court.

See Rule 16 (p. 824), which is similar to Rules 132-134 of 1860 (pp. 227, 773).

66

Plea. See "Answer, Plea and Demurrer."

Pleading.

See" Answer, Plea and Demurrer," "Exceptions," "Information," Replication and Joinder of Issue," "Traversing Note," and the precedents printed below, pp. 286 sqq.

Generally, pleas, demurrers, interrogatories, traversing notes, replications, supplemental statements, exceptions and certificates, to be filed in the King's Remembrancer's Department, are to be written on paper of the same description and size as that on which informations are printed. (Rule 14, p. 824.)

As to the proper title of pleadings, see above, pp. 227, 237.

Recognisances.

Rule 17 (p. 825) corresponds in the main to Rules 68, 71 and 72 of the Rules of 1860. See those Rules and the note thereto, pp. 764, 765.

Replication and Joinder of Issue.

A replication in the form given in Rule 9 (1) (p. 819) is to be filed, and thereupon the cause is to be deemed completely at issue, and, on notice of the filing being given to the defendant, both sides may proceed to verify their case by evidence.

For the old rambling form of replication signed by the AttorneyGeneral, with the "absque hoc," see Fowler, Exch. Pr. (ed. 2), II. 45.

Revivor.

By sect. 23 of the Crown Suits, &c. Act, 1865 (p. 694), where a suit becomes abated by death or otherwise, or becomes defective by reason of some change or transmission of interest or liability, an order to the effect of an order to revive or a supplemental decree may be obtained as of course; and the parties served with it are to be parties to the suit, provided that any party so served may apply to discharge the order on any ground that would have been open to him on an information of revivor or supplemental information, and that the order shall be of no effect against a party under disability other than coverture until the appointment of a guardian ad litem.

These provisions are carried out by Rule 13 (p. 823). Rule 2 (1-7) is to apply as if the order for revivor were an information