Warrantia in United Kingdom

Meaning of Warrantia

The following is an old definition of Warrantia [1]: LateLat. A warranty. Warrantum. A warrant; legal authority; a warranty. Quo warranto. By what warrant, or authoi’ity. A writ in the nature of a writ of right for the kin’g, against him who claims or usurps any office, franchise, or liberty, to inquire ” by what authority” he supports his claim, in order to determine the right. It also lies in case of non-user or mis-user of a franchise: being a writ commanding the defendant to show by what warrant he exercises such franchise, having never had any grant of it, or having forfeited it by neglect or abuse. Superseded by “an information in the nature of a quo warranto,” which affords a similar remedy. This is properly a criminal proceeding, to oust the usurper and punish him by a fine, but has long been applied to the mere purpose of trying the civil right, seizing the franchise, or ousting the wrongful possessor, the fine being nominal only. . . Applied to the decision of corporation disputes, without intervention of the prerogative, by 9 Anne (1711), c. 20, which permits such an information to be brought with leave of the court, at the relation of any person (called the relator) de- siring to prosecute the same, against any person usurping, intruding into, or unlawfully holding any franchise, or office in any city, borough or town’ corporate; provides for its speedy determination; and directs that if the defendant be convicted, jtidgment of ouster (as well as fine) may be given against him, and that the relator shall pay or receive costs according to the event of the suit. The original common-law writ was a civil writ, at the suit of the crown; and the first process was a summons. This writ fell into disuse, and its place was supplied by an ” information in the nature of a quo warranto,” a criminal method of prosecution. Long before our Revolution,however, it lost its character as a criminal proceeding in every thing except form, and was ” applied to the mere purposes of trying the civil right, seizing the franchise, or ousting the wrong- ful possessor.” Such, without legislation, has been it character in many of the States; in others it has been treated as criminal in form. Where it is regarded as a civil action all the evidence required to prove any particular fact is a bare preponderance. The judgment may be that the franchise usurped be seized into the sovereign’s hands, if it be one which the sovereign can repossess and enjoy, or it may be a judgment of ouster. Strictly, a judgment of seizure or ouster suspends the right to exercise the franchise. The writ may not lie to try the right to an elective office, where remedy by contest of the election is contemplated; nor for an abuse of office that does not amount to a cause of forfeiture. It is the proper remedy for trying the right to a charter, municipal, county, or State office, or an office in a society incorporated for any purpose whatever. Questions as to when the writ will be granted, and in whose name, whether to a private relator, the attorney-general or the district-attorney, the regularity of process, and the pleadings and practice generally, are determined by the law of the particular jurisdiction. Warrantia ehartse. A warranty of deed, or of title. A writ vrhich lay against the warrantor of a title to compel him to assist the tenant with a good plea or defense, or else to render damages and the value of the land, if recovered against the tenant. The remedy is now by an action of covenant against the grantor, or his real or personal representatives, to recover compensation in damages for the land lost upon eviction, on the ground of failure of title.

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Notes and References

1. Concept of Warrantia provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)