INFORMATION.-An information is a charge on oath laid before a magistrate. An information in writing and on oath must first be made before a warrant to arrest or to search can be obtained. An information when in writing should contain a simple but full statement and history of all the facts to which the witness can depose. It should be taken as nearly as possible in the witness's own words, and in the first person. The use of technical terms and descriptions should be avoided. Where several persons are charged the separate acts done by each should be distinctly set forth. The christian and surname of the informant, and of all persons named in his information, should be stated in full; also the time and place of the offence. Depositions.-A deposition is an information in writing taken in the presence and hearing of the accused, which fact should be therein set forth. Should the person who swears the deposition die before the trial, upon proof of his death and that such deposition had been taken on proper form in the presence and hearing of the accused, and that he or his counsel or attorney had an opportunity of cross-examining such witness, the depositions can be read as evidence at the trial. KIDNAPPING is a term applied to the offence of child-stealing. LOCAL AUTHORITY.-Local authorities are constituted under various statutes, and empowered to grant licenses or authorities to do some lawful act or to enforce the law. In the great majority of cases the local authority is: In the city of London-The lord mayor and aldermen. In a borough-The mayor, aldermen, and burgesses in council. Elsewhere-The justices in petty sessions. MALICE.-A formed design of doing mischief to another. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intention, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another. In such a deliberate act the law presumes malice, though no particular enmity can be proved. "Every one must be taken to intend the natural consequences of his actions." If any one acts in exactly the same way as he would do if he bore malice to another, he cannot be allowed to say he does not (4 Steph. Com. 6th ed. p. 160). MANDAMUS (we command).—A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the Queen's name from the Court of Queen's Bench, requiring any person, corporation, or inferior court to whom it is addressed to do some thing therein specified which appertains to their office, and which the court holds to be consonant to right and justice. It is issued principally for public purposes and to enforce performance of public rights or duties. It is a general rule that this writ is only to be issued where a party has no other specific remedy. MISDEMEANANT.-A misdemeanant is a person who has been convicted of a misdemeanor. They are of the first, second, and third class. Whenever any person convicted of misdemeanor is sentenced to imprisonment without hard labour, it shall be lawful for the court or judge to order that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of the first division shall not be deemed to be a criminal prisoner within the meaning of the Act (28 & 29 Vict. c. 126, s. 67). NIGHT. The time of darkness between sunset and sunrise. Under the Act against poaching by night (9 Geo. 4, c. 69, s. 12) the night begins one hour after sunset and ends one hour before sunrise. Under the Larceny Act (24 & 25 Vict. c. 96, s. 1) night shall be deemed to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day. POLICE DISTRICT.-A police district is any county or division of a county, or any city, borough, or town maintaining a separate police force, and the chief or head constable thereof is the chief officer of police. PRIVILEGED COMMUNICATION.—A privileged communication is that which a witness cannot be compelled to divulge. Communications made in the public interest for the prevention or detection of crime (cases quoted in "Taylor on Evidence," 7th ed. vol. i. p. 792) enjoy the same privilege as those which take place between a husband and wife during marriage, or between a client and his legal adviser, or in the bonâ fide discharge of a duty. PRIVILEGED DOCUMENTS.-The official transaction between the heads of the departments of government and their subordinate officers are in general regarded as confidential and privileged matter, which the interests of the State will not permit to be revealed (" Taylor on Evidence"). RECOGNIZANCES.-A recognizance at common law is an obligation duly acknowledged to do a certain thing stipulated. When persons under a rule of bail to keep the peace or be of good behaviour commit a breach of such conditions, the recognizance can be "estreated." REMANDS.-Prisoners charged with indictable offences may be remanded from time to time by courts of summary jurisdiction. A justice, may remand a prisoner for any term not exceeding eight days at a time. SLANDER is the malicious defamation of a person in his reputation, profession, or business by words, as a libel is by writing, &c. It is not an offence within the operation of the criminal law unless the words are calculated both in themselves and in their use to provoke an immediate breach of the peace. SUBPOENAS (under punishment).—A subpœna is a writ commanding attendance in court on a certain day therein named, under a penalty. In criminal cases the subpoena is usually served on a witness to compel his attendance to give evidence or produce documents. Four witnesses can be included in one subpœna. Conduct money is the sum which must be tendered to a witness for his travelling expenses when a subpoena is served on him requiring him to attend and give evidence. SWINDLING, CHEATING, &c.-The term swindler is applied to one who lives by cheating. Cheatiny is indictable as a misdemeanor under the common law, when false weights and measures or false tokens are used (a), or such methods taken to cheat and deceive as people cannot by ordinary care guard against; but not where it is mere imposition or deception, against which common prudence might protect (3 Burn's Justice, 30th ed. p. 269, title "Larceny "). As to "cheating at play," see under title "Gaming Houses" (GENERAL SUBJECTS), post. It Swindling tricks. Of the various devices practised by swindlers, the "confidence trick" is one of the most common. is usually carried out with the aid of one or more confederates, who persuade their dupe to intrust them with money or valuables, and to allow them to be taken out of his presence for a few moments as a proof of confidence. Whilst the victim is awaiting their return the swindlers decamp with the plunder. The parties may be indicted for conspiracy to defraud. Ring dropping is a name given to a fraud which is perpetrated thus:-A man apparently picks up a valuable pin or ring, and endeavours to induce some passer by to give him a sum of money for it in lieu, as he states, of any reward that may be offered for it. The ring is of course valueless. (a) A person cannot in general be indicted for selling short weight. This is a non-performance of contract, for which an action will lie. But penalties may be inflicted under 41 & 42 Vict. c. 49, s. 26. See title Weights and Measures" (GENERAL SUBJECTS), post. Ringing the changes is a method of swindling practised when giving or receiving change by pretending that the amount put down was greater than was actually the case, or that sufficient change has not been given, &c. Mock auctions.-A mock auction consists in the sale of worthless articles at prices far above their value by pretended competition by fictitious bidders. The confederates may under certain circumstances be indicted for conspiracy to defraud the public. Long firm frauds consist in obtaining goods by false pretences from merchants, farmers, &c., by a gang of swindlers, who by giving each other as references manage to obtain consignments of goods, which they at once dispose of and fail to pay for. Fences.-Persons who make a business of receiving stolen property from thieves with a view to re-selling it are known by the name of "fences." (See "Flash Language," p. 11.) GENERAL SUBJECTS. Abduction. THIS is a statutable offence under the Criminal Law Consolidation Acts. The offence and punishment is treated of in 24 & 25 Vict. c. 100, ss. 53 to 55. See EPITOME OF STATUTES, post. It resolves itself into three divisions. 1. Abduction of woman with fortune, dc.-To take away or detain against her will from motives of lucre, &c., a woman of any age who has any interest in any real or personal property, with intent that she shall be married or carnally known; or with a like intent to allure, take away, or detain any such woman, if under the age of twenty-one, out of the possession of her father, guardian, &c., is Felony. Punishment, 14 years' penal servitude, or imprisonment for two years-not triable at sessions. 2. Abduction by force with intent to carnally know.-To forcibly take away or detain against her will a woman of any age with intent that she shall be married or carn ally known is Felony. 3. Abduction against will of parent, guardian, &c., with intent to carnally know.-The abduction against the will of parent, guardian, &c., of any unmarried girl under 18, with intent that she should be unlawfully and carnally known, is a misdemeanor, unless the defendant had reasonable cause for believing that the girl was above the age of 18. See CRIMINAL LAW AMENDMENT ACT, 1885 (section 7), App. p. 517. 4. Abduction of girl under sixteen.-To unlawfully take any unmarried girl under the age of sixteen out of the possession of her father, guardian, &c., is a Misdemeanor. Where the girl is under sixteen it is immaterial whether she consented to go away or not, and it is no defence that the defendant believed the girl to be over sixteen (a). The only admissible excuse is ignorance of the fact that the girl was under the lawful charge of the parent or other person. (a) R. v. Prince, 44 L. J. 122; 59 J. P. 676; also R. v. Hibbert, 33 J. P. 243. |