Page:Prerogatives of the Crown.djvu/353

Ch.XII.Sec.IV.} Information. SSS sideration of the Court here in the premises, and that due process of law (that is a writ to the sheriff upon which defend- ant may appear and defend [a) ) may be awarded against the defendant in his behalf, to make him answer to our said Lord the King, touching the premises aforesaid." The King may lay his venue in what county he pleases ; and may try a question as to lands lying in any county, in the Court of Exchequer (b). At common law, the Crown has the prerogative right on an information of intrusion, of putting the defendant on shewing his title specially, and the defendant could not rely merely on his possession (c), which in ordinary cases is sufficient title for a defendant (y). If not guilty {e), or non intrusit{d) gene- rally, be pleaded, (and the defendant cannot plead double(g), ) nothing but the mere fact of an intrusion having been commit- ted is put in issue, and the defendant in possession would be immediately evicted from it ; for a title for the King appears upon the information, if no title appear upon record for the defendant (Ji), This has, however, been remedied by the sta- tute 21 Jac. 1. c. 14. in certain cases. By that statute, when- soever the King, and such from or under whom the King claimeth, and all others claiming under the same title under which the King claimeth, shall have been out of possession by the space of twenty years, or shall not have taken the profits of any lands, tenements, or hereditaments, within the space of twenty years, before any information of intrusion brought, or to be brought, to recover the same, that in every such case the defendant may plead the general issue, if he so think fit, and shall not be pressed to plead specially ; and that in such cases the defendant shall retain the possession he had at the time of such information exhibited, until the title be tried, found, or adjudged for the King. (a) In 6 Com. Dig. 65, tit. Prerog. (c) Dyer, 238, b. 4 Inst. 166. How D. 73, it is laid down that the process this is on a traverse of office^ post, upon an information shall be a venire ch. 13. s. 3. div. 3. <fw/n«ga*, afterwards a writ out of Chan- • (rf) See 1 East, 244. eery directed to the treasurer and barons, (tf) Sav. 66. 4 Inst. 110. (/)Sav. 4. * {b) 1 Ventr.l7. Sav. 10. Com. Dig. (g) Parker, R. 1, 16. Prerog. D. 85. 2 Price, 113. (A) 4 Inst. 116. " And