Prohibition and Mandamus Act 1831
| Jurisdiction | UK Non-devolved |
| Citation | 1831 c. 21 |
| Year | 1831 |
(1 Will. 4) C A P. XXI.
[30th March 1831]
'WHEREAS the filing a Suggestion of Record on Application for a Writ of Prohibition is productive of unnecessary Expence, and the Allegation of Contempt in a Declaration in Prohibition filed before Writ issued is an unnecessary Form; and it is expedient to make some better Provision for Payment of Costs in Cases of Prohibition;' Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That it shall not be necessary to file a Suggestion on any Application for a Writ of Prohibition, but such Application may be made on Affidavits only; and in case the Party applying shall be directed to declare in Prohibition before Writ issued, such Declarationshall be expressed to be on behalf of such Party only, and not, as heretofore, on the Behalf of the Party and of His Majesty, and shall contain and set forth in a concise Manner so much only of the Proceeding in the Court below as may be necessary to shew the Ground of the Application, without alleging the Delivery of a Writ or any Contempt, and shall conclude by praying that a Writ of Prohibition may issue; to which Declaration the Party Defendantmay demur, or plead such Matters, by way of Traverse or otherwise, as may be proper to shew that the Writ ought not to issue, and conclude by praying that such Writ may not issue; and Judgmentshall be given, that the Writ of Prohibition do or do not issue, as Justice may require; and the Party in whose Favour Judgment shall be given, whether on Nonsuit, Verdict, Demurrer, or otherwise, shall be entitled to the Costsattending the Application and subsequent Proceedings, and have Judgment to recover the same; and in case a Verdict shall be given for the Party Plaintiff in such Declaration, it shall be lawful for the Jury to assess Damages, for which Judgment shall also be given, but such Assessment shall not be necessary to entitle the Plaintiff to Costs.
II So much of 2 & 3 Ed. 6. c. 13. as relates to Prohibition repealed.
II. And be it further enacted, That so much of an Act passed in the Second and Third Years of the Reign of KingEdward the Sixth, intituled An Act for Payment of...
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