INFORMATION (Lat. it/for/natio, outline, representation, from informare, to sketch, to inform. from in, in + forma, shape). lit Eng lish and American la IV, a summary method of in stituting criminal proceedings at the instance of the Government, and Without the process of in dictment (q.v.). The free use of this proceeding by the Tudor and Stuart kings and its abuse by the Court of Star Chamber constituted one of tic grave abuses of the royal prerogative at which the revolutions of 1045 and MSS were aimed. The prores, was greatly restricted by act of Parliament ilt 11;41 (ill Car. I., c. 10) and 11'03 (4 & S \•m. and c. IS). In theory, the right to institute criminal proceeding, by in formation was always limited to the classes of offenses misdemeanors, but the dis tinetion between misdemeanors and felonies was too indefinite to make this a complete safeguard of the liberty of the subject. The Constitution of the United States (Amendments Art. V.) re stricts the use of informations to crimes which are not capital or of an infamous character by requiring an indictment by a grand jury in all such cases. In practice, at the present time, in England an information filed by the Attorney General or 'Master of the Crown Office is resorted to only in cases of such misdemeanors as tend to disturb the peace or the Government—for ex ample. as libels on judges. magistrates, or public officers, bribery at elections, etc. This informa tion is usually called a criminal or an ex-ollicio information. and the defendant is put on his trial in the Wa y ;I, 11 indictment. form and substance it is precisely like an indictment, differing from it only in the fact that it is pre sented upon the official oath of a duly authorized of the Government, and not. upon present. ntent by a grand jury. There are other inform°. Lions, such as those (balled quo warrant, to the validity of an eh•clion or appointment to a public office. etc. Au information by the Attor
ney-General in chancery is a suit behalf of the Crown or Government as to any mi,applica• lion of a public charity, or on behalf of an idiot's or limatic's property. The term is also common ly used to denote the written statement made on oath before a justice of the labace, previous to the issuing of a summons or complaint against a per son charged either with a (brittle or an offense punishable summarily. There are also informa tions in the Court of Exchequer to recover pen alties for the breach of the revenue laws. The term is not now used technically in Scotland, ex cept in cases of difficulty, when the court 01 jus ticiary orders in format ions—i.e. writ ten argu ments.
In the I:tilted Stales courts actions for minor offenses, such as attempts to evade the revenue laws, etc., sometimes proceed upon information. In several of the States, all misdemeanors, ex cept misprision of treason (q.v.). may be prose cuted upon information, but in the case of fel onies indictment is everywhere necessary. In Pennsylvania and some other States it is optional to proceed by either method. Information is often the form of proceeding in civil cases. Icy this process a person filling a civil oflive may be brought into court to show by what authority he assumes to exercise the functions thereof. with a view to his displacement in it can be shown that his authority is insutlieient. and that the office belongs to another. If an unincorpo• rated association assumes corporate powers, it may be ousted by this process, while a legal (•ir poration may be thus arraigned for a violation of its charter or any infraction of law. See the bibliography under CRI NIINAI, LAW, and con sult: Ithickstone's commentaries on the Lairs of 1:ngiand; and Stephen. History of the Criminal Late of England (London, I SS3