Page:Prerogatives of the Crown.djvu/358

 338 Mandamus. [Ch.XILSec.VL information is now considered merely in the nature of a civil proceeding (a), and is the usual remedy in the case of corpo- ration disputes between party and party, without the inter- vention of the prerogative, but by leave of the Court, in pursuance of the statute (i), which permits an information in nature of quo xsoarranto to be brought with leave of the Court, at the relation of any person desiring to prosecute the same (who is then styled the relator) against any person usurping^ intruding into or unlawfully holding any franchise or office in any city, borough or town corporate ; provides for its speedy determinatfon, and- directs that if the defendant be convicted,, judgment of ouster (as well as a fine) may be given against him, and that the relator shall pay or receive costs, according:, to the event of the suit (c)^ SECT. VI. Mcntdamus. /The writ of mandamus {d) is another high prerogativer writ, issuing out of the Court of King's Bench, as the pe- culiar superintendent of inferior jurisdictions and authorities, directed to any person, corporation or inferior Court of judica- ture, requiring them in the King's name, to do some particular thing therein specified, which appertains to their office, situa- tion or duty, and which is consistent with right and justice (e The object of the writ is not to supersede legal remedies, but only to supply the defect of them. The only proper ground' (o) 2 T. R. 484. right of holding a court is not within it, {b) 9 Ann. c. 20. See 4 and 5 W. but stands upon the common law only, 3. c 18. Selw. N. P. 3rd and 4th ed. and'being a prosecution in the name of tit. Quo Warranto. the King, no' costs are given. 1 Burr. (c) This statute, with regard to costs, 402., extends only to cases where the title of (cf) See the points on this subject ably a person to be a corporate officer, as collected in Selw. N. P. tit. Mandamus* mayor, bailiff, or freeman, is in ques- (e) 3 Bla. Com. 110. tion; but an information to try the of