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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 938   View pdf image (33K)
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938 9 ANN. CAP. 20, MANDAMUS.
III. Provided always, That if any Damages shall be recov-
ered by Virtue of this Act against any such Person or Persons
making such Return to such Writ, as aforesaid, he or they
shall not be liable to be sued in any other Action or Suit for
the making such Return; any Law, Usage or Custom to the
contrary thereof in any wise notwithstanding.
VI. And be it further enacted and declared by the Authority
aforesaid. That it shall and may be lawful, to and for the said
Courts respectively, to allow to such Person or Persons re-
695 spectively,* to whom any Writ of Mandamus shall be
directed or against whom any Information, in the nature of a
Quo Warranto, in any of the Cases aforesaid, shall be sued or
prosecuted, or to the Person or Persons who shall sue or
prosecute the same, such convenient Time respectively, to
make a Return, plead, reply, rejoin or demur, as to the said
Courts respectively shall seem just and reasonable; any thing
herein contained to the contrary thereof in any wise notwith-
standing.
VII. And be it further enacted by the Authority aforesaid,
That after the said first Day of Trinity Term, an Act made in
the fourth Year of her Majesty's Reign, [Intituled An Act for
the Amendment of the Law, and the better Advancement of
Justice,] and all the Statutes of Jeofayles, shall be extended to
all Writs of Mandamus and Informations, in nature of Quo
Warranto, and Proceedings thereon, for any the Matters in
this Act mentioned.
I. After the first day of Trinity Term, 1711. Returns to Writs of
Mandamus out of the Queen's Bench, &c. shall be made to the first Writ.
II. As soon as the return is made, the Prosecutor in such Writ may
plead, &c. to which the Person returning may reply, &c. How the Pro-
ceedings shall be.
III. Persons against whom Damages shall be recovered, not liable to be
sued in other Actions.
VI. The Court may allow a convenient time to return a Mandamus,
plead, reply, &c.
VII. 4 Anna c. 16, and all the Statutes of Jeofayles, shall be extended
to Writs of Mandamus, &c. 32 H. 8, c. 30. 18 El. c. 14. 37 El. c. 5. 21
Ja. 1, c. 13. 16 & 17 Car. 2, c. 28.
It is settled corporation law in England, that where a man has accepted
and is in office, the proceeding must be by quo warranto, unless the election
is colourable and so merely void. And it is equally well settled municipal
law there, that if a man is bond. fide in office, his title is not to be tried

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 938   View pdf image (33K)
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