the boxes at Crow-street Theatre: she had jewels on computed at upwards of 3000l." An information was granted. So where the libel* imputed treasonable designs to a nobleman, an information was granted. And the Court will grant informations without regard to the rank† or dignity of the parties traduced, whenever their immediate interference appears necessary for the purposes of justice. The libel complained of charged several Jews, lately arrived from Portugal, with the murder of a Jewish woman and her child, because the father of it was a Christian, and thereby exposed them to the fury of the populace: an information was granted. An information was exhibited against the defendant Brown for printing and publishing in a newspaper, called "The Royal Chronicle,” a libel§ entitled, "An authentic narrative of several particulars relating to the death of Miss Frances Lynes, whose ghost is supposed to have haunted a house in Cocklane, West Smithfield, for many nights past," tending to traduce and vilify the reputation of one William Kent, and to represent and cause it to be believed, that the said William Kent had, by artful means and circumstances, obtained and procured the last will and testament of the said Frances Lynes, spinster, since deceased, to be made, and unjustly to cause the validity of the said will to be called in question, and also to raise groundless suspicions concerning the death of the said Frances Lynes; and also to cause a false and scandalous *Doug. 387. 1 Bac. Ab. tit. Lib. 494. + Doug. 387. K. v. Bate. report raised and propagated by means of public newspapers, that the spirit or ghost of the said Frances Lynes haunted the house of one Parsons in Cock-lane, to be believed and credited in order to injure and oppress the said William Kent. Mr. Willy Sutton was tried for the murder of Miss Bell, at the Old Bailey, on which occasion his innocence appeared so clear, that the Jury interfered before the learned Judge, who presided, had begun to sum up the evidence. An information was afterwards granted* against Thomas Holland for writing á libel on Sutton, in a pamphlet entitled "A most circumstantial account of that unfortunate young lady, Miss Bell, otherwise Sharpe." When a motion was made for an information against the defendant for publishing reflections upon the African Company in one of the newspapers, by charging them with having supported their trade by treachery and fraud, the Court refused to interfere, considering the matter nothing more than a dispute upon a matter of trade; but the Court granted a rule to show cause why an information should not be granted for a libel against the New-York Buildings' Company, charging them with raising the value of their stock by getting 100,000l. under‡ the credit of their seal. But it seems, that in general, the imputation must be of a personal and criminal nature to induce the Dig. L. L. 82. East. 7. 1 G. 3. R. v. Holland. †The King v. Roberts, 2 Barnard, K. B. 114. R. v. Nutt. D. L. L. 78. Court to interfere, and that it is not sufficient that it tends to lessen a man* in his trade. In the case of the King v. Roberts, an information was refused against the defendant† for having published in a newspaper, that Ward's pills and drops had done great mischief in twelve different cases, and that they were a compound of poison and antimony. And in general where there is reason to suppose from the circumstances under which the party published, that the act did not proceed from a mere malicious intention, the Court will not interfere by granting an information. The defendant‡ advertised, that one Maddox, an apothecary, had personated Dr. Crow, a physician, and taken his fees, and an information was refused, the apothecary not pretending to deny the charge. When a man advertised in a public newspaper, that his wife had eloped from him, and cautioned all persons against trusting her, an information for a libel being moved for, it was denied, because it was the only ways the husband could take to secure himself. It was advertised in one of the newspapers,|| that Lady Mordington kept an assembly in Moorfields, upon which Lord Mordington advertised, that the person calling herself Lady Mordington was an impostrix, and that there was no such person, except * Andr. 229. 2 Barnard, K. B. 183. Dig. L. L. 90. c. 3. Bae. Ab, 492. † Dig. L. L. 90. Bac. Ab. tit. Lib. 492. R. v. Bickerton, Str. 498. R. v. Webster, 3. T. R. 388. Dougl. 270. 371. R. v. Enes. Andr. 229. D. L. L. 89. R. v. Jenneaur, Easter, 8 G. 2. Bac. Ab. tit. Lib. 492. his wife, who always lived with him. Upon motion for an information it was refused by the Court, since the term impostrix was properly applied to one assuming the title without any right. So where the imputation is continued in a petition drawn up for the purpose of obtaining redress for an injury, and not with an intention to asperse the prosecutor, the Court will not grant an information, though the publication impute fraud to the prosecutor, since it is no more than is alleged in every bill in Chancery. The defendant* complained in a writing, directed to General Wills and the four principal officers of the Guards, in order to be presented to the King, that Captain Carr, after inducing him to part with a warrant for some money due to him from Government, under the pretence of procuring payment for him, received the money, and refused to pay it to the defendant. Upon motion for an information, the Court held that the petition was no libel. Miss Mary Jerome,† a Quaker, residing at Nottingham, having acted in disobedience to the rules prescribed by the sect of which she was a member, by frequenting places of public diversion, going into mourning for the death of a relation, and by other transgressions of a similar nature, the society, after many fruitless remonstrances and other useless attempts to reclaim her, proceeded at last in the customary way to pronounce the sentence of expulsion, which, having been approved of at a monthly * Andr. 229. 3 Bac. Ab. tit. Lib. 492. * 2 Burn's Ecclesiastical Law, 779. Dig. L. L. 39. meeting, was afterwards read by the defenda Francis Hart, as clerk of their meeting. The se. tence, after charging Miss Jerome with having imbibed erroneous notions contrary to Scripture doctrine, and having acted in various parts of her conduct very inconsistently with a life of self-denial, and of having neglected to attend the meetings for divine worship, and reciting the fruitless attempts of the society to reclaim her from error, and to bring her to the acknowledgment of truth, both in judgment and practice, proceeded to declare her no longer in unity with the society. Miss Jerome, being acquainted with this proceeding, sent her maid-servant to the defendant for a copy of the sentence, which he transcribed and enclosed to her under cover; but upon application to the Court for an information against the defendant, they refused even a rule to show cause. Next, as the rules prescribed to those who apply to the Court for leave to file criminal informations. In general the applicant must waive his right of action ;* and this is an advantage which the defendant derives from this mode of proceeding; for, if convicted under an indictment, the prosecutor would still be at liberty to bring his action to recover damages. Where, however, the Court, on hearing the whole matter, are of opinion that it is a proper subject for an action, they will give the party leave to bring it.t The Court will not grant an information, unless 2 T. R. 198. † Ibid. Bac. Ab. tit. libel, 492. |