INFORMATION IN THE NATURE OF A WRIT¹ OF QUO WARRANTO, remedies. The name of a proceeding³ against any one who usurps⁴ a franchise⁵ or office.

2. Informations of this kind are filed in the highest courts of ordinary jurisdiction⁶ in the several states, either by the attorney-general, of his own authority, or by the prosecutor⁷, who is entitled, pro² forma, to use his name, as the case may be. 6 Cowen, R. 102, n.; 10 Mass. 290; 2 Dall. 112; 2 Halst. R. 101; 1 Rep Const. Ct. So. Car. 86; 3 Serg. & Rawle, 52; 15 Serg. & Rawle, 127: Though, in form, these informations are criminal, they are, in their nature, but civil proceedings⁸. 3 T. R. 484; Kyd on Corp. 439. They are used to try a civil right, or to oust⁹ a wrongful possessor of an office. 3 Dall. 490; 1 Serg. & Rawle. 385, For a full and satisfactory statement of the law on this subject, the reader is referred to Angell on Corp. ch. 20. p. 469. And see Quo Warranto.

INFORMATUS NON SUM, pleading, practice. I am not informed; a formal answer made in court, or put upon record by an attorney when he has nothing to say in defence of his client. Styles Reg. 372.

INFORMER. A person who informs or prefers an accusation¹⁰ against another, whom he suspects of the violation¹¹ of some penal¹² statute¹³.

2. When the informer is entitled to the penalty or part of the penalty, upon the conviction of an offender¹⁴, he is or is not a competent witness, accordingly as the statute creating the penalty has or has not made him so. 1 Phil. Ev. 97; Rosc. Cr. Ev. 107; 5 Mass. R. 57; 1 Dall. 68; 1 Saund. 262, c. Vide articles Prosecutor; Rewards.

INFORTIATUM, civil law. The second part of the Digest or Pandects of Justinian, is called infortiatum: see Digest. This part, which commences with the third title of the twenty-fourth book, and ends with the thirty-eighth book, was thus called because it was the middle part, which, it was said, was supported and fortified¹⁵ by the two others. Some have supposed that this name was given to it, because it treats of successions, substitutions, and other important matters, and being, more used than the others, produced greater fees to the lawyers.

INFRA, Latin. Below, under, beneath, underneath¹⁶. The opposite of supra, above. Thus we say primo gradu est supra, pater, mater; infra, filius, filia. In the first degree of kindred in the ascending¹⁷ line; above, is the father and the mother; below, in the descending¹⁸ line, the son and daughter. Inst. 3, 6, l.

2. In another, sense, this word signifies within; as, infra corpus comitatus, within the body of the county; infra proesidia, within the guards.

3. It also signifies during; as infra furorem during the madness.

INFRA ATATEM. Under age that is, during infancy¹⁹, or before arriving at the full age of twenty-one years.