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 336 Quo Warranto. [Ch.XII. Sec.V, The 13th chapter of Chief Baron Gilbert's "Treatise on the Court of Exchequer," contains so able and so ample an expla- nation of this subject, that no apology need be offered for refer- ring the reader to it for information (a). SECT. V. Qiio Warranto, The writ of quo warranto is an antient and high pre- rogative remedy, in the nature of a writ of right for the King, against him who usurps or claims (b) any fran- chises or liberties (c), to say by what authority he claims them (d). It is also sustainable where any new jurisdiction or a public (e) trust is executed without authority ; though it is no usurpation on a franchise of the Crown {/). Nor is it material that the franchise is of such a nature that it cannot be seized into the King's hands or held by him, though judg- ment be given for his Majesty, because the defetidaut may (a) And see Parker's Rep. 57, 69, 196, 7. The Court of Admiralty, like the Exchequer, proceeds in rem: and the Crown mray hi bound by a judicial sale therein. See 3 Price, 37. (Z») There must be an user as well as a claim of a franchise. 5 T. R. 85. 4 East, 537. (c) As waifs and estrays. Co. Entr. 5^28, 541, 544. Goods and chattels of felons, and deodands, Ibid. 529, 549. Fines, amerciaments, and issues. Ibid. 551, b. 561, a. A park, warren, &c. Ibid. 561. Wreck, 2 Rol. Ab. 205, 1. 35. For taking lastage or ballotage of ships, 1 Sid. 86. So it lies for fran- chises, which cannot be seized into the King's hands; for the party may be ousted of them ; as for a Court Baron, Quo Warranto. 14 Treby's argument. Yel. 190. A Court Leet, or Borough Court. Co. Entr. 527, b. 544. A fair, market, toll, &c. Co. Entr. 527, b. 544, 561, a. Information in the nature of quo warranto lies against any one claiming an exclusive ferry over a pub- lic river, but not for taking money of passengers. Stra. 1161. So it lies for claiming to be a corporation. Co. Entr. 537, b. To choose bailiffs orother officers, Ibid. 527, b. 537, b. Coroner, constable, clerk of a market, justice, &c. Ibid. 528, a. 537, b. 551, b. For exercising the office of steward of a Court Leet, but not of a Court Baron. Stra. 621. It lies for the office of constable, Ibid. 1213. So it lies upon a claim of ex- emptions; as to be exempt from the government of the mayor, justices, &c. Co. Entr. 528, a. Proceedings against the City of London, in the time of Charles 2. See 2 Burnett's Hist. 925. ed. 1725. 2 Selw. N. P. tit. ^uo War. 2 W. audM. sess. 1. c. 8. (rf) 2 Inst. 282. 9 Co. 28, a. Yelv. 191. Com. Dig. tit Quo War, A. (e) See 6 Com. Dig. tit. Quo War. B. (/) Stra. 299, 836. Ld. Raym. 1559. 6 Still