Page:Prerogatives of the Crown.djvu/355

Ch. XII. Sec. IV.] Information, 335 After judgment in an information for intrusion, execution shall be sometimes by injunction, or it may be by amoveas ma- num ; and, thereupon every party to the information, or claim- ing under him, shall be removed from the possession. But a stranger to the information shall not be debarred of his en- try, for no judgment of seisin is given, nor does an habere facias seisinam go (a). 2. The Information of debt is in effect and substance the King's action of debt, and is usually brought in the case of forfeitures to the Crown, upon the breach of a penal statute, enacted for the support of the revenue {b). For monies due to the Crown on contract, process of extent is the usual remedy. Where the King is entitled to any part of a penalty, for which a qui tarn action is brought, the defendant cannot obtain leave to compound till the consent of the law officers of the Crown be given, in whatever stage of the cause the application to compound is made (c). It appears, that by a standing privy seal, the Commissioners of the Treasury, High Treasurer, Chancellor, Under-Treasurer, Chief Baron, Barons of the Coif, and Attorney-General, were respectively empowered to give licence to compound {d). And the Court, in the exercise of their discretion to grant leave to compound, will refuse the indulgences in cases of collusive attempts to defraud the Crown {e). Where leave is given to compound a penal ac- tion, the moiety of the Crown is to be paid into the hands of the Master (/"), and this is usually done before the rule is drawn up (^). 3. The Information in rem is, where any goods are supposed to become the property of the Crown, as derelict, and no man appears to claim them, or to dispute the title of the King ; or where goods are forfeited for non-payment of customs, &c. {h). possession ; for the King is supposed in on this subject, Ibid. possession." And see 6 Com. Dig. 67. (e) 2 Bla. R. 1157. tit. Prerogative, D. (D.) 77. (/) 4 Burr. 1929. (rt) Sav. ^^, Hardr. 450, 462. (g) 1 Manning, P. E. 223. When (A) 3 Bla. Com. 261. Crown shall have half the costs the (c) 1 Taunt. 103. 2 Ibid. 213. 5 plaintiff agreed to take. 2'I^unt.215. Ibid. 268. Qi) 3 Bla. Com. 862. Gilb. Ex- (rf) Gilb. Excheq. 137. See further cheq. 180. The