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Criminal Law

crown, information, property and york

LAW, CRIMINAL.

The British Attorney-General.— In Eng land the Attorney-General is appointed by letters patent and holds office during the King's pleasure. He is the chief law officer of the Crown, and ex officio the leader of the bar hav ing precedence in all courts and in the House of Lords even of the lord advocate. The At torney-General and Solicitor-General are mem bers of the House of Commons, and also of the ministry, usually being chosen from the party in power, save, perhaps, in the case of a coali tion ministry. In Scotland (where he is called lord advocate), Ireland and almost all the colonies, there are attorney-generals in self governing colonies; they are appointed by the colonial administrations and in the Crown col onies by royal warrant. The duchies of Corn wall and Lancaster have attorney-generals who manage legal affairs in those localities. The most important duties of the British Attor ney-General are to exhibit informations and prosecute for the Crown in matters criminal, and to file bills in the exchequer in any manner concerning the King's revenue. The Attorney General of England has the power (1) to pros ecute all actions necessary for the protection and defense of the property and revenues of the Crown; (2) by information to bring certain classes of persons accused of crimes and mis demeanors to trial; (3) by facial" to re voke and annul grants made by the Crown improperly, or when forfeited by the grantee thereof ; (4) by information, to recover money or other chattels or damages for wrongs com mitted on the land, or other possessions of the Crown; (5) by writ of quo warranto, to de termine the right of him who claims or usurps any office, franchise or liberty, and to vacate the charter, or annul the existence of a corpora tion for violations of its charter, or for omit ting to exercise its corporate powers; (6) by writ of mandamus to compel the admission of an officer duly chosen to his office, and to com pel his restoration when illegally ousted; (7) by information to chancery, to enforce trusts, and to prevent public nuisances, and the abuse of trust powers; (8) by proceedings in rem, to recover property to which the Crown may be entitled, by forfeiture for treason, and property for which there is no other legal owner, such as wrecks, treasure trove, etc.; (9) and in certain

cases, by information in chancery, for the pro tection of the rights of lunatics and others who are under theprotection of the Crown.

Bibliography.— Finley, J. H., and Sander son, J. F.,