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QUO WARRANTO

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Originally appearing in Volume V22, Page 765 of the 1911 Encyclopedia Britannica.
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QUO WARRANTO , in See also:

English See also:law, the name given to an See also:ancient See also:prerogative See also:writ calling upon any See also:person usurping any See also:office, See also:franchise, See also:liberty or See also:privilege belonging to the See also:Crown, to show " by what See also:warrant " he maintained his claim, the onus being on the See also:defendant. It See also:lay also for non-user or misuser of an office, &c. If the Crown succeeded, See also:judgment of See also:forfeiture or ousterlemain was given against the defendant. The See also:procedure was regulated by See also:statute as See also:early as 1278 (the statute of Quo Warranto, 6 Edw. I. c. 1), passed in consequence of the See also:commission of quo warranto issued by See also:Edward I. A distinction was See also:drawn in the See also:report between libertates, See also:jurisdiction exercised by the See also:lord as lord, and See also:regalia, jurisdiction exercised by Crown See also:grant. After a See also:time the cumbrousness and inconvenience of the ancient practice led to its being superseded by the See also:modern See also:form of an See also:information in the nature of a quo warranto, exhibited in the See also:King's See also:Bench See also:Division either by the See also:attorney-See also:general ex officio or by the king's See also:coroner and attorney at the instance of a private person called the relator. The information will not be issued except by leave of the See also:court on proper cause being shown. It does not See also:lie where there has been no user or where the office has determined. Nor does it lie for the usurpation of every See also:kind of office. But it lies where the office is of a public nature and created by statute, even though it is not an encroachment upon the prerogative of the Crown.

Where the usurpation is of a municipal office the information is regulated by 9 See also:

Anne c. 25 (1711), under which the defendant may be fined and judgment of See also:ouster given against him, and See also:costs may be granted for or against the relator. Such an information must, in the See also:case of boroughs within the Municipal Corporations See also:Act 1882, be brought within twelve months after disqualification (s. 225); in the case of other boroughs, within six years after the defendant first took upon himself the office (32 Geo. III. c. 58, s. 2). The information in the nature of a quo warranto, though nominally a criminal, has See also:long been really a See also:civil proceeding, and has recently been expressly declared to be so (Supreme Court of Judicature Act 1884, s. 15). In cases not falling within q Anne c. 25, judgment of ouster is slot usually given. The most famous See also:historical instance of quo warranto was the See also:action taken against the See also:corporation of See also:London by See also:Charles II. in 1684.

The King's Bench adjudged the See also:

charter and franchises of the See also:city of London to be forfeited to the Crown (See also:State Trials, vol. viii. 1039). This judgment was reversed by 2 Will. & See also:Mary, sess. 1, c. 8; and it was further enacted, in See also:limitation of the prerogative, that the franchises of the city should never be seized or forejudged on pretence of any forfeiture or See also:misdemeanour. In See also:Scotland the analogous procedure is by action of See also:declarator. In the See also:United States the right to a public office is tried by quo warranto or similar procedure, regulated by the state See also:laws. Proceedings by quo warranto lie in a United States court for the removal of persons holding office contrary to See also:art. xiv. s. 3 of the Amendments to the Constitution (act of the 31st of May 187o, C. 14). R THE twentieth See also:letter in the Phoenician See also:alphabet, the nineteenth in the numerical See also:Greek, the seventeenth in the See also:ordinary Greek and the Latin and (owing to the addition of J) the eighteenth in the English.

Its earliest form in the Phoenician alphabet when written from right to See also:

left was A , thus resembling the See also:symbol for D with one See also:side of the triangle prolonged. In Aramaic and other Semitic scripts which were modified by opening the heads of the letters, the symbol in time became very much changed. Greek, however, maintained the See also:original form with slight See also:variations from See also:place to place. Not infrequently in the Greek alphabets of See also:Asia See also:Minor and occasionally also in the See also:West, R was written as D, thus introducing a confusion with D (q.v.). Elsewhere a See also:short tail was added, as occasionally in the See also:island of Melos, in See also:Attica and in western See also:Greece, but nowhere does this seem to have been universal. The earliest Latin forms are exactly like the Greek. Thus in the very early See also:inscriptions found in the See also:Forum in 1899 R appears as q (from right to left), P and D (from left to right). Later the forms R and R come in; sometimes the back is not quite connected in the See also:middle to the upright, when the form R is produced. The name of the Semitic symbol is Resh; why it was called by the Greeks Rho (pf) is not clear. The h which accompanies r in the transliteration of Greek p, indicates that it was breathed, not voiced, in See also:pronunciation. No consonant varies more in pronunciation than r. According to Brockelmann, the original Semitic r was probably a trilled r, i.e. an r produced by allowing the tip of the See also:tongue to vibrate behind the See also:teeth while the upper See also:surface of the tongue is pressed against the sockets of the teeth.

The ordinary English r is also produced against the sockets of the teeth, but without trilling; another r, also untrilled, which is found in various parts of the See also:

south of See also:England, is produced by turning up the tip of the tongue behind the sockets of the teeth till the tongue acquires something of a See also:spoon shape. This, which is also See also:common in the See also:languages of modern See also:India, is called the cerebral or cacuminal r, the former See also:term, which has no meaning in this connexion, being only a See also:bad See also:translation of a Sanscrit term. The common See also:German r is produced by vibrations of the uvula at the end of the soft See also:palate, and hence is called the uvular r. There are also many other varieties of this See also:sound. In many languages r is able to form syllables by itself, in the same way that 1, m, n may do, as in the English brittle (See also:brill), written (ritn). In See also:Europe r with this value is most conspicuous in See also:Slavonic languages like Bohemian (See also:Czech) and Croatian; in English r in this See also:function is replaced by a genuine vowel in words like See also:mother (See also:man). This syllabic r is first recorded for Sanscrit, where it is common, but is replaced in the languages descended from Sanscrit by r and a vowel or by a vowel only, according to the position in which it occurs. Most philologists are of See also:opinion that syllabic r existed also in the mother-tongue of the Indo-See also:European languages. (P.

End of Article: QUO WARRANTO

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