Respublica v. Prior

Motion for a rule to shew cause why an information should not go against the defendant, a jtistice of the peace for Montgomery county, for oppression and misbehaviour in his office.

The court held, that where the attorney general, officially moves for the rule, it is of course to receive the motion, without any security being given for costs by the prosecutor; but where it is otherwise moved for, the party must enter into recognizance with proper sureties, if required, for payment of costs.

The charges made against the defendant were: — 1st, Issuing of process against the prosecutor for a debt…