QUO WARRANTO. A writ in the nature of a writ of right for the crown, which lies against any person or corporation that has usurped or unjustly claims any public office or other franchise or liberty, or that, haring originally had a grant of one, hiss forfeited it by abuse or neglect. Proceedings under it are prosecuted in the Queen's Bench, and the defendant is mike' on to show Gy what warrant (qua trarranto) ho exercises the oflice, liberty, or franchise in question. The first process against Wm is by summons. If he fail to appear in the same term in which he is eummoned, he loses his franchise. After appearance, he may disclaim any title, either to the whole or part of the franchise ; or he may plead in justification, showing by what warrant he has exercised it. To this plea there may be either a demurrer or replication, and subsequent proceedings as in ordinary actions. On disclaimer judgment is immediately given for the crown. In that case, or on judgment for the crown on demurrer, or after trial, the judgment is that the franchise shall be seised into the hands of the crown, or, if the crown cannot have the franchise, that the defendant shall be ousted, that is, ejected. If the judgment be for the defendant, it is that he may enjoy the franchise, &c., saving the right of the crown, and this saving applies to all titles except that on which judg ment is given. The judgment is conclusive even against the crown. (2 'Inst.,' 2S2; Co., ' Ent; 527, kc.) Proceedings under a writ of quo warranto have, however, been superseded by informations in the nature of a quo warranto, these latter being adapted to attain the same ends, and, at the same time, more expeditious. Tho judgment is not in this case conclusive against the crown. Except when exhibited by the attorney-general, they are filed by leave of the court.
The statute of the f Anne, c. 20, was passed for the purpose of facilitating such proceedings in the case of corporate offices. For although their ostensible object is the punishment by fume, as well as the ejection of the usurper from his office, these proceedings are virtually of a civil nature, and are now almost exclusively employed for the decision of questions relative to the exercise of corporate right's between mere individuals. The prosecutor is styled the relator, and
must apply by motion in open court for leave to file an information upon affidavits of all the facts upon which it is grounded. The court may either grant or refuse a rule nisi, and if a rule be granted, the case comes on for argument in the ordinary course. The defendant may then either support his opposition by affidavits stating the facts which form the grounds of it, or confine himself to arguments arising on the case presented by the relator. If the rule be made absolute, the defendant must plead, at latent, within the next term, but if the plea be insufficient, the court will allow the defendant to amend at auy time before trial. In other respects, the pleading is conducted on the same principles as in ordinary cases. If the defendant be found guilty, the court may give judgment of ouster as well as fine. By the statute of Anne, costs are given to the relator against the defendant, if the information be successful ; to the defendant against the relator, if it wholly fail. If one material issue be found for the crown, the crown must have judgment, and the relator is entitled to costs on all the issues. The provisions of the statute of Anne only relate to offices analogous to those mentioned, that is, those of a corporate character. By the statute 33 Geo. Ill. c. 58, the defendant is enabled to plead that he had exercised the offico in question for six years previous to the exhibition of the information, and if the fact be so, he is entitled to judgment. By stet. 1 Viet. c. 78, a. 23, the time within which proceedings of quo warranto may lbe brought against any mayor, alderman, councillor, or burgess, is further limited to one year after either his election to office, or the commencement of his disquali fication. (Com. Dig., tit. Quo Warrant° ; BL Corn.)