So, the defendant may move in arrest of judgment, for any error in substance appearing upon the face of the record, in the same manner as in civil cases, and within the same time. SECTION XIII. Judgment and Costs. By stat. 9 Ann, c. 20, s. 5, " in case any person or persons, against whom any information or informations in the nature of a quo warranto shall in any of the said cases [namely, cases of corporate offices, see ante, p. 118, 119,] be exhibited in any of the said courts (see ante, p, 118), shall be found or adjudged guilty of an usurpation of, or intrusion into, or unlawfully holding and executing, any of the said offices or franchises, it shall and may be lawful to and for the said courts respectively, as well to give judgment of ouster against such person or persons, of and from any of the said offices or franchises, as to fine such person or persons respectively for his or their usurping, intruding into, or unlawfully holding and executing any of the said offices or franchises ;-And also it shall and may be lawful to and for the said courts respectively to give judgment, that the relator or relators in such information named shall recover his or their costs of such prosecutions;--And if judgment shall be given for the defendant or defendants in such information, he or they, for whom such judgment shall be given, shall recover his or their costs therein expended, against such relator or relators; such costs to be levied in manner aforesaid" [that is, by capias ad satisfaciendum, fieri facias, or elegit. Id. s. 2]. The fine, however, is never in practice inflicted. And the relator is entitled to costs under this statute, as well upon a disclaimer, as after a verdict in his favour. Where, upon showing cause against an information in the nature of a quo warranto, the defendant showed that he had resigned since the rule nisi was obtained, and offered to enter a disclaimer, if he were allowed to do so without payment of costs; but the court said that it could not be done, as there was not as yet any record in court, and until there were, there could be no disclaimer; but, at the recommendation of the court, the rule was made absolute with costs, the prosecutor undertaking not to file the information, unless it should become legally necessary. R. v. Moreton, 12 Law J., 123, qb. In cases not within the above statute, the prosecutor is not entitled to costs if he succeed, but he is liable to costs, to the extent of his recognizance (twenty pounds) if he fail, the stat. 4 & 5 W. & M. c. 18, s. 2, ante, p. 100, applying to informations in the nature of a quo warranto, as well as to criminal informations. As to costs upon the rule, see ante, p. 133; and see R. v. Greene, 12 Law J., 239, qb. R. v. Orde, 8 Ad. & El. 420, n. If the judgment be more than a year old, it may be revived by scire facias, in the same manner as a judgment in civil cases. See 2 Arch. Pr. 34. Costs, under the statute of Ann, we have seen, ante, p. 149, are to be levied by writ of capias ad satisfaciendum, fieri facias, or elegit. These writs are tested and made returnable as directed, ante, p. 112, and sued out and indorsed, as directed, ante, p. 111. Whether the stat. 1 & 2 Vict. c. 110, s. 12, which regulates the manner in which a fi. fa. generally, may be executed (see 2 Arch. Pr. 90), extends to a fi. fa. under this statute, has never been determined. As to the office,-if the verdict be for the crown, and it appear that the office is vacant, the court may award a mandamus to proceed to an election of one in the room of the defendant. Vide post, tit. Mandamus. The defendant's costs under the stat. 4 & 5 W. & M. c. 18, s. 2, are recoverable under the relator's recog nizance. See this statute fully set out, ante, p. 100. Fieri Facias, for the Relator's Costs. VICTORIA, &c. To the sheriff of -, greeting: We command you that you do not forbear, by reason of any liberty in your bailiwick, but that of the goods and chattels of J. N., of, &c., you cause to be levied the sum of, which hath been lately adjudged in our court before us, according to the form of the statute in such case made and provided, to J. S., for his costs and charges by him laid out and expended in and about his prosecuting a certain information in the nature of a quo warranto exhibited against him the said J. N. by Charles Francis Robinson, esquire, our coroner and attorney in our court before us, to show by what authority he the said J. N., claimed to be, of the borough of in our county of, whereof he was impeached, and whereupon by a jury of the country taken between us and the said J. N., [or by his own default or confession and disclaimer], he stands convicted, as in our court before us it appeareth upon record; and that you have the said money before us at Westminster, on the day of, to render the same to the said J. S., for his costs and charges aforesaid. And that you have then there this writ. Witness, Thomas Lord Denman, at Westminster, the day of the year of our reign. By the Court. Indorsed to levy £ in Capias, on Return of Nulla Bona to Fi. Fa. VICTORIA, &c. To the sheriff of greeting: We command you that you do not forbear, by reason of any liberty in your bailiwick, but that you take J. N., of, &c., if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us at Westminster, on the day of, to satisfy J. S., of, &c., the sum of which hath lately in our court before us been adjudged to him the said J. S., for his costs and expenses by him laid out and expended in and about his prosecuting a certain information in nature of a quo warranto, exhibited against him the said J. N., by C. F. R., esquire, our coroner and and attorney in our court before us, to show by what authority he the said J. N. claimed to be whereof he is impeached, whereupon by a jury of the country taken between us and the said J. N. [or by his own default, or by confession and disclaimer], he is convicted, as it appeareth upon record in our court before us, according to the form of the statute in such case made and provided. And that you have then there this writ. Witness, Thomas Lord Denman, at Westminster, the of in the reign. For the Defendant's Costs. Same as the above writs, to the words] adjudged to him the said J. N. for his costs by him laid out and expended in and about his defence to a certain information in the nature of a quo warranto exhibited against him the said J. N., by C. F. R., esquire, our coroner day year of our By the Court. and attorney in our court before us, to show by what authority he claimed to be, whereof he was impeached, and whereupon by a jury of the country he stands acquitted, as it appeareth upon record in our court, [&c. as in the last two forms, to the end. SECTION XV. Amendment. By stat. 9 Ann, c. 20, s. 7, the statutes of jeofails, and stat. 4 & 5 Ann, c. 16, were extended to informations in the nature of a quo warranto, as far as the same are applicable to the proceedings in the former Act mentioned. Those statutes however state so many instances in which defects in proceedings are aided, that it is inconvenient to enumerate them in this place; but the reader is referred to the statutes themselves. PART II. Proceedings in the Court of Queen's Bench, as a Court of Supervision or Appeal. CHAPTER I. Certiorari. THE writ of certiorari is a writ issuing from the crown side of the court of Queen's Bench, directed to the justices at sessions, justices of the peace, or the judges of inferior courts, 2 Hawk. c. 27, s. 22, requiring them to certify to that court some indictment, conviction, order of sessions, order of justices, or other matter of a judicial nature depending before them, in order that the same may be disposed of there in such manner as to the court shall seem fit. By means of this writ, the court of Queen's Bench exercises its superintending jurisdiction over those inferior tribunals, and quashes or confirms their acts, or assumes to itself the cognizance of matters which, from circumstances, can be proceeded upon with more certainty of justice to the parties, before that court, than before the inferior tribunal. It accordingly formerly lay to justices in eyre, and now to justices of gaol delivery; to courts of the counties palatine; to the college of physicians (they having a special power by statute to fine and imprison for certain offences); to justices of peace; and to commissioners of sewers: 2 Hawk. c. 27, s. 23: it lies to remove proceedings before commissioners of bankrupts; 1 Ld. Raym. 580; to remove an inquisition taken by a sheriff under a private act of parliament, 4 Burr, 2244, or proceedings from before a jurisdiction created by such an act, 1 Ld. Raym. 580, or a presentment in a court leet: Cowp. 458; see R. v. Ritson, 2 T. R, 184: it lies to courts in Wales; per Holt, C. J. 1 Ld. Raym. 581; to the courts of the cinque ports; 2 Hawk. c. 27, s. 24; to the courts in London. Id. s. 26. And this jurisdiction is so inherent in the court of Queen's Bench, that nothing can deprive it of the right to issue this writ, or parties of their right to apply for it, but the express words of an act of parliament, forbidding them to do so. R. v. Abbott, 2 Doug. 553, n. 113. R. v. JJ. of Cashiobury, 3 D. & R. 35. Thus, where a statute gave an appeal to the sessions against a conviction, and provided that it should be finally determined there only, and no other court should intermeddle with causes of appeal upon that act: yet the court of Queen's |